Why Divorce.com?
Benefits of an online divorce
Divorce.com is an inexpensive and convenient way to prepare the paperwork for an uncontested divorce in South Dakota. Divorce.com is perfect for spouses who can agree on divorce terms and want to avoid hiring an expensive divorce lawyer.
Divorce.com allows divorcing couples to prepare affordable state-specific court forms without leaving home. They only need to answer several questions using a smartphone, a PC, or a tablet with an internet connection.
The process of paperwork preparation consists of the following simple steps:
Pass a brief verification procedure and answer questions about your divorce.
Check your answers and fix mistakes before hitting the “Submit” button.
Download the forms in a PDF format in two business days.
Print and sign the papers before taking them to the court clerk.
Divorce.com can help you save time and money on divorce preparations!
South Dakota
Divorce Forms
All the forms required
Filing for divorce requires collecting and submitting legal documents to the local court. Required paperwork varies based on circumstances like the presence of minor children and divorce type.
Basic Forms to Initiate Divorce
The essential documents include:
Complaint (Form UJS-310 or Form UJS-312)
Summons (Form UJS-309 or Form UJS-311)
Case Filing Statement (Form UJS-232)
Additional Required Documents
Admission of Service of Summons and Complaint (Form UJS-317A or Form UJS-317B)
Notice and Admission of Service of Summons and Complaint (Form UJS-315A or Form UJS-315B)
Motion to Waive Filing Fee & Service of Process Fee (Form UJS‐022)
Financial Affidavit (Form UJS-023)
Order Waiving Filing Fee and Service of Process Fee (Form UJS-028)
Stipulation and Settlement Agreement (without Children) (Form UJS-324)
Stipulation and Settlement Agreement (with Minor Children) (Form UJS-325)
Application for Waiver of $25 Filing Fee for an Answer or Responsive Pleading (Form UJS-137)
Affidavit of Plaintiff and Defendant as to Jurisdiction and Reasons for Divorce (Form UJS-319A or UJS-319B)
Judgment and Decree of Divorce (Form UJS-326A or Form UJS-326B)
Affidavit on Court-Approved Parenting Course (Form UJS 364)
Child Support Filing Data Form (UJS-089)
Affidavit of Defendant's Military Status (UJS-306)
Steps to consider
Filing Requirements
Residency Requirements
To issue a divorce decree, South Dakota courts must establish jurisdiction over the divorcing couple's property, children, etc. For this reason, the spouses must meet the state's residency requirements.
Under South Dakota laws, the plaintiff must reside or be stationed as a military member within the state's limits. The judges also need authority to decide child-related issues (e.g., child custody and support), which is possible if the child has lived in South Dakota for the previous six months.
Grounds for Divorce
The grounds for divorce in South Dakota can be no-fault and fault-based, depending on the circumstances. The spouses may choose irreconcilable differences as the legal reason for divorce as long as these differences are substantial enough to break a marriage.
The fault-based grounds include the following:
Adultery
Extreme physical or mental abuse
Wilful desertion
Willful refusal to provide for the family's needs
Habitual use of alcohol and drugs
Conviction of a felony during marriage
Initial Filing
The plaintiff must complete the divorce forms and file them with the family court in a country where they or their spouse lives or is stationed. The documents include the Complaint, Summons, Case Filing Statement, and Financial Affidavit.
The plaintiff must make at least two copies of the original forms - one for them and one to serve the defendant. They must also pay a filing fee so the court clerk can accept the paperwork.
Filing Fees
The court fees for filing for divorce in South Dakota are approximately $100, but they may vary slightly from county to county. However, if a person cannot afford them because of a difficult financial situation, they may request a fee waiver.
The petitioner must file a Motion to Waive Filing Fee & Service of Process Fee to ask a judge to waive the fees. The judge will also review the Financial Affidavit before granting this request.
Serving the Respondent
To start with the marriage dissolution process, the plaintiff must notify the defendant (non-filing party) about the divorce. The plaintiff can serve the other spouse by:
hand delivery
paying a private process server or a sheriff
certified mail
The defendant must receive the Summons, copies of the Complaint, Financial Affidavit, and Parenting Guidelines. After they get these papers, the plaintiff must file a proof of service with the court (Form UJS-317A/B for hand delivery and UJS-315A/B for mailing).
Waiting Period
South Dakota has a waiting period of 60 days between serving papers on the defendant (and filing the proof of service) and finalizing a divorce. It concerns both contested and uncontested cases.
This waiting period includes 30 days for a defendant to file the response papers. Additionally, couples with children must use these 60 days to complete court-approved parenting courses. The judge may waive this requirement if the parties show good cause.
Finalizing a Divorce Case
Couples with uncontested divorces must complete and file a Settlement Agreement (UJS-325), Child Support Filing Data Form (UJS-089), and an Affidavit as to Jurisdiction and Grounds (UJS-319BA/B).
The judge will review the papers and, if everything is in order, issue a final judgment by signing the Judgment and Decree of Divorce (UJS-326A/B). After that, the clerk will send both spouses copies of the decree and the Notice of Entry of Judgment.
Filing basics
Filing for Divorce
South Dakota
How to get started
Filing for divorce requires collecting and submitting legal documents to the local court. Required paperwork varies based on circumstances like the presence of minor children and divorce type.
Basic Forms to Initiate Divorce
The essential documents include:
Complaint (Form UJS-310 or Form UJS-312)
Summons (Form UJS-309 or Form UJS-311)
Case Filing Statement (Form UJS-232)
Additional Required Documents
Admission of Service of Summons and Complaint (Form UJS-317A or Form UJS-317B)
Notice and Admission of Service of Summons and Complaint (Form UJS-315A or Form UJS-315B)
Motion to Waive Filing Fee & Service of Process Fee (Form UJS‐022)
Financial Affidavit (Form UJS-023)
Order Waiving Filing Fee and Service of Process Fee (Form UJS-028)
Stipulation and Settlement Agreement (without Children) (Form UJS-324)
Stipulation and Settlement Agreement (with Minor Children) (Form UJS-325)
Application for Waiver of $25 Filing Fee for an Answer or Responsive Pleading (Form UJS-137)
Affidavit of Plaintiff and Defendant as to Jurisdiction and Reasons for Divorce (Form UJS-319A or UJS-319B)
Judgment and Decree of Divorce (Form UJS-326A or Form UJS-326B)
Affidavit on Court-Approved Parenting Course (Form UJS 364)
Child Support Filing Data Form (UJS-089)
Affidavit of Defendant's Military Status (UJS-306)
Custody Basics
Spouses with minor children must decide how to split the responsibilities concerning the child, e.g., where the child will live after divorce and who will pay child support. The parents may develop a joint parenting plan and give it to the judge for approval or go to mediation and discuss the terms before the hearing.
South Dakota family law offers the following types of custody:
Joint legal custody. This type allows both parents equal rights in making important decisions about the child’s health, education, etc.
Sole legal custody. Only the primary custodian can decide what will be best for the child.
Joint physical custody. The child has frequent contact and communication with both parents and resides in each parent’s home for approximately 180 days.
Sole physical custody. The child lives with one parent permanently and meets the other during visitation.
If they can’t agree on custody, the judge will decide these issues at the hearing by considering the following factors:
each parent’s fitness to be a physical and legal custodian;
the child’s physical and emotional needs;
each parent’s willingness to let the child have frequent contact with the other parent;
the child’s relationship with the parents, siblings, and other people living in a child’s potential permanent residency;
the history of domestic violence and emotional abuse, etc.
Uncontested Divorce
Spouses pursuing an uncontested divorce resolve all their disputes outside the courthouse. The issues the couples need to agree on include property division, children, alimony, etc.
They negotiate these terms independently or with a divorce mediator’s help. Either way, they minimize the court involvement in the outcome of their divorce.
The one obstacle they need to overcome is paperwork. Among standard forms, the courts require that these couples develop a mutual settlement agreement containing the following provisions:
division of real estate, vehicles, assets, debts, and other property items;
child custody and child support;
alimony and health insurance, etc.
With Divorce.com, preparing these papers will be easy and quick. This online service will draft personalized documents in only two business days. The spouses will also receive detailed filing instructions to file their divorce with the family court.
Support Basics
Under South Dakota family law, all parents must support their minor children financially after divorce or separation. The parent without primary physical custody is usually responsible for providing child support, while the other ex-spouse spends money directly on the child in their care.
The amount of this monthly payment is calculated using the state guidelines based on the Income Shares Model. The formula uses the parents’ combined income and the number of children.
For example, if the combined income is $1,500, support for one child will be $395, for two children - $577, and so on. If custody is shared, child support will be reduced according to the custody time.
Child support ends when the child turns 18 and is not attending secondary (high) school. If they are enrolled in a high school education full-time, the support is terminated when they turn 19 or graduate, whichever comes first.
