SIMPLIFYING YOUR DIVORCE
South Dakota Divorce Papers
Deciding to end a marriage is rarely simple, and the paperwork that comes with it can feel like one more weight on an already heavy day. The good news: South Dakota has worked to make the process more navigable than most. This guide walks you through the divorce forms used in South Dakota, what each one does, where to find them, and how the process generally unfolds, so you can move forward feeling informed rather than overwhelmed.
South Dakota is somewhat unusual in that its divorce forms are standardized statewide. The Unified Judicial System (UJS) publishes a uniform set of numbered forms used across every county, so you are not hunting down different paperwork depending on where you live. The state also offers a free online "Guide and File" tool that builds completed forms with you, step by step.
Below, we break the forms into the stages of a case: starting it, responding, financial disclosure, forms for divorces involving children, settlement, and finalizing. We will also cover South Dakota's residency rule, how it divides property, and its mandatory waiting period.
One important note before we begin: this page is informational only and describes what these forms do and how the process generally works. It is not legal advice. Every situation is different, and for advice on your specific situation, consult an attorney.
Which South Dakota Divorce Forms Will You Need?
The forms you use depend on your circumstances: whether you and your spouse have minor children, whether you both agree on the terms (a stipulated or uncontested divorce), or whether your spouse never responds (a default divorce). South Dakota organizes its forms around two clear procedural tracks: stipulated/uncontested and default. Each track has its own numbered forms, and most forms come in a "without minor children" version and a "with minor children" version. Here is what the main forms do, grouped by stage.
Starting the Case
UJS-309 Summons for Divorce without Minor Children
Initiates a divorce action with no children and is served on the defendant along with the complaint.
UJS-310 Complaint for Divorce without Minor Children
The plaintiff's formal complaint used to start a divorce that does not involve minor children.
UJS-311 Summons for Divorce with Minor Children
Initiates a divorce action involving children and is served on the defendant along with the complaint.
UJS-312 Instructions and Form for Divorce Complaint with Minor Children
The plaintiff's formal complaint used to start a divorce that involves minor children.
UJS-232 Case Filing Statement
A required court filing data form filed with the clerk when the case is opened.
Responding to a Divorce
UJS-316 Instructions and Answer for Divorce without Minor Children
The defendant's response to a summons and complaint in a case with no children.
UJS-318 Instructions and Answer for Divorce with Minor Children
The defendant's response to a summons and complaint in a case involving children.
Financial and Disclosure Forms
UJS-023 Financial Statement
The financial disclosure form used in divorce cases. It is required in cases with children and is referenced as part of the stipulation packet in cases without children.
UJS-319A Statement as to Jurisdiction and Grounds for Divorce without Minor Children
Affirms residency and jurisdiction and the stated grounds for divorce in a case with no children.
UJS-319B Statement as to Jurisdiction and Grounds for Divorce with Minor Children
Affirms residency and jurisdiction and the stated grounds for divorce in a case involving children.
Forms for Divorces With Children
When minor children are involved, South Dakota adds a few specific requirements. A court-approved parenting course is mandatory in any case where custody or parenting time is at issue.
UJS-302 South Dakota Parenting Guidelines
Court-issued parenting guidelines used in cases involving minor children.
UJS-364 Statement on Court-Approved Parenting Course
Documents completion of the mandatory parenting course, or a request to waive it, in cases where custody or parenting time is at issue.
UJS-089 Instructions for Child Support Order Filing Data Form
A data form used to finalize a child support order. Note: South Dakota calculates child support using state guidelines and a worksheet, so there is no standalone numbered "child support form." UJS-089 is a filing data form for the order, not a calculation worksheet.
Settlement or Separation Agreement
When spouses agree on the terms, a stipulation and settlement agreement records that agreement for the court.
UJS-324 Stipulation and Settlement Agreement without Minor Children
An agreed settlement of all issues, such as property and support, in a divorce without children.
UJS-325 Stipulation and Settlement Agreement for Divorce with Minor Children
An agreed settlement of all issues, including custody, parenting time, and child support.
Finalizing Your Case
A divorce can be finalized either by stipulation (both parties agree) or by default (the defendant does not respond). Each path has its own forms.
UJS-326A Judgment and Decree of Divorce without Minor Children
The final judgment dissolving the marriage in a stipulated or uncontested case with no children.
UJS-326B Judgment and Decree of Divorce with Minor Children
The final judgment dissolving the marriage in a stipulated or uncontested case involving children.
UJS-321 Application for Default Judgment without Minor Children
Requests a default judgment when the defendant has not responded, in a case with no children.
UJS-322A Default Judgment and Decree of Divorce without Minor Children
The final decree entered by default in a case with no children.
UJS-323 Application for Default Judgment with Minor Children
Requests a default judgment when the defendant has not responded, in a case involving children.
UJS-322B Default Judgment and Decree of Divorce with Minor Children
The final decree entered by default in a case involving children.
UJS-306 Statement of Military Status
A required statement confirming the defendant's military status before a default judgment, for compliance with the Servicemembers Civil Relief Act.
Where to Get South Dakota Divorce Forms
You have several options for obtaining South Dakota's divorce forms, depending on how much guidance you want along the way.
The Official State Courts Website
South Dakota's Unified Judicial System publishes all of the statewide divorce forms as free PDFs. You can find them on the official UJS self-help page at ujs.sd.gov. Because the forms are uniform statewide, the version you download is the same one used in every county.
The Guide and File Online Tool
The UJS also offers a free "Guide and File" tool that walks you through questions and generates completed forms interactively. It is available through the same official UJS website. The UJS additionally operates a Legal Form Help Line at 1-855-784-0004 for help with the forms themselves (this line provides form assistance, not legal advice).
The County Clerk of Courts
The Clerk of Courts office in the county where the case is filed can point you to the correct forms and accept your filing. In South Dakota, a divorce is filed in the county where either spouse resides.
Legal Aid and Self-Help Resources
Legal aid organizations and the UJS self-help center provide guidance for people handling a divorce without an attorney. These resources help you understand the forms and the process, though they generally do not provide individual legal advice.
Online Divorce Services
If you would rather not assemble the paperwork on your own, an online service can help. Divorce.com guides you through a simple questionnaire and helps prepare your South Dakota forms, so you can spend less time deciphering legal documents and more time moving forward.
Hiring an Attorney
If your case is contested or your finances are complex, working with an attorney may be the right choice. Note that South Dakota's pro se form packets cover stipulated and default divorces; contested divorces involving litigation do not have a separate self-help form packet, which is one reason people in contested matters often choose to work with counsel.
The South Dakota Divorce Process
While every case is different, most South Dakota divorces follow a general sequence of steps.
1. Confirm Residency
South Dakota does not require a minimum length of residence. Under SDCL § 25-4-30, the plaintiff must simply be a resident of South Dakota at the time the action is commenced. This makes South Dakota one of the more permissive states on residency.
2. File the Summons and Complaint
The case begins when the plaintiff files the summons and complaint (and the Case Filing Statement) with the Clerk of Courts. The case is filed in the county where either spouse resides.
3. Serve the Other Spouse
The defendant must be served with the summons and complaint. Proper service is what starts the clock on the waiting period and gives the defendant the chance to respond.
4. Exchange Financial Disclosures
Financial disclosure is part of the process, using the Financial Statement (UJS-023). When children are involved, additional forms such as the parenting guidelines, parenting course statement, and child support order data form come into play.
5. Observe the Waiting Period
South Dakota requires a mandatory 60-day waiting period from completed service of the summons and complaint on the defendant, under SDCL § 25-4-34. This period cannot be waived or shortened. If custody or parenting time is at issue, the mandatory parenting course is required within 60 days of commencement and is documented with UJS-364.
6. Finalize With a Decree and Get Certified Copies
The case is finalized through a Judgment and Decree of Divorce, either by stipulation or by default. Once entered, you can request certified copies of the decree from the court for your records and for tasks like updating accounts or a name change.
South Dakota-Specific Requirements You Should Know
Residency. South Dakota has no minimum durational residency period. The plaintiff only needs to be a resident at the time the action is commenced (SDCL § 25-4-30), and the case is filed in the county where either spouse resides.
Property division. South Dakota is an equitable distribution state, and notably an "all-property" one. That means a court may divide property titled in either spouse's name, not only what is considered marital or community property. Equitable means fair, which is not always an even 50/50 split.
Grounds. South Dakota recognizes both no-fault and fault grounds. The no-fault ground is irreconcilable differences (SDCL § 25-4-2(7)), which requires either mutual consent or the defendant's default. Fault grounds under SDCL § 25-4-2 include adultery, extreme cruelty (bodily injury or grievous mental suffering), willful desertion, willful neglect, habitual intemperance, and conviction of a felony.
Waiting period. A mandatory 60-day waiting period runs from completed service on the defendant (SDCL § 25-4-34) and cannot be waived or shortened.
Other notes. A court-approved parenting course is mandatory in any case involving custody or parenting time and can only be waived by a judge for good cause (such as the other party's default or completion within the prior five years). South Dakota has no covenant marriage statute.
Common Mistakes to Avoid
Using the Wrong Form Track
South Dakota's forms come in separate "with children" and "without children" versions, and in separate stipulated and default tracks. Mixing up which set applies to your situation is a frequent source of delay.
Missing the Parenting Course Requirement
When custody or parenting time is involved, the parenting course is required within 60 days of commencement and documented with UJS-364. Overlooking it can stall finalization.
Assuming the Waiting Period Can Be Shortened
The 60-day waiting period is mandatory and cannot be waived, even when both spouses agree on everything. Planning around it from the start helps set realistic expectations.
Incomplete Financial Disclosure
The Financial Statement is part of the process, and leaving it incomplete or inaccurate can create problems. Take the time to fill it out fully.
Forgetting the Military Status Statement in Default Cases
Before a default judgment, the Statement of Military Status (UJS-306) is required for Servicemembers Civil Relief Act compliance. It is easy to overlook when a spouse simply has not responded.
How Divorce.com Can Help
Handling a divorce on your own does not mean doing it alone. Divorce.com is built to take the guesswork out of the paperwork, guiding you through plain-language questions and helping you prepare the right South Dakota forms for your situation. Here is what you get:
A simple, guided questionnaire instead of a stack of blank legal forms
Help preparing South Dakota's statewide UJS forms for your circumstances
Clear, step-by-step explanations in everyday language
A more affordable path than full attorney representation for uncontested cases
Support that helps you move forward with confidence and less stress
Which South Dakota Divorce Forms Will You Need?
The forms you use depend on your circumstances: whether you and your spouse have minor children, whether you both agree on the terms (a stipulated or uncontested divorce), or whether your spouse never responds (a default divorce). South Dakota organizes its forms around two clear procedural tracks: stipulated/uncontested and default. Each track has its own numbered forms, and most forms come in a "without minor children" version and a "with minor children" version. Here is what the main forms do, grouped by stage.
Starting the Case
UJS-309 Summons for Divorce without Minor Children
Initiates a divorce action with no children and is served on the defendant along with the complaint.
UJS-310 Complaint for Divorce without Minor Children
The plaintiff's formal complaint used to start a divorce that does not involve minor children.
UJS-311 Summons for Divorce with Minor Children
Initiates a divorce action involving children and is served on the defendant along with the complaint.
UJS-312 Instructions and Form for Divorce Complaint with Minor Children
The plaintiff's formal complaint used to start a divorce that involves minor children.
UJS-232 Case Filing Statement
A required court filing data form filed with the clerk when the case is opened.
Responding to a Divorce
UJS-316 Instructions and Answer for Divorce without Minor Children
The defendant's response to a summons and complaint in a case with no children.
UJS-318 Instructions and Answer for Divorce with Minor Children
The defendant's response to a summons and complaint in a case involving children.
Financial and Disclosure Forms
UJS-023 Financial Statement
The financial disclosure form used in divorce cases. It is required in cases with children and is referenced as part of the stipulation packet in cases without children.
UJS-319A Statement as to Jurisdiction and Grounds for Divorce without Minor Children
Affirms residency and jurisdiction and the stated grounds for divorce in a case with no children.
UJS-319B Statement as to Jurisdiction and Grounds for Divorce with Minor Children
Affirms residency and jurisdiction and the stated grounds for divorce in a case involving children.
Forms for Divorces With Children
When minor children are involved, South Dakota adds a few specific requirements. A court-approved parenting course is mandatory in any case where custody or parenting time is at issue.
UJS-302 South Dakota Parenting Guidelines
Court-issued parenting guidelines used in cases involving minor children.
UJS-364 Statement on Court-Approved Parenting Course
Documents completion of the mandatory parenting course, or a request to waive it, in cases where custody or parenting time is at issue.
UJS-089 Instructions for Child Support Order Filing Data Form
A data form used to finalize a child support order. Note: South Dakota calculates child support using state guidelines and a worksheet, so there is no standalone numbered "child support form." UJS-089 is a filing data form for the order, not a calculation worksheet.
Settlement or Separation Agreement
When spouses agree on the terms, a stipulation and settlement agreement records that agreement for the court.
UJS-324 Stipulation and Settlement Agreement without Minor Children
An agreed settlement of all issues, such as property and support, in a divorce without children.
UJS-325 Stipulation and Settlement Agreement for Divorce with Minor Children
An agreed settlement of all issues, including custody, parenting time, and child support.
Finalizing Your Case
A divorce can be finalized either by stipulation (both parties agree) or by default (the defendant does not respond). Each path has its own forms.
UJS-326A Judgment and Decree of Divorce without Minor Children
The final judgment dissolving the marriage in a stipulated or uncontested case with no children.
UJS-326B Judgment and Decree of Divorce with Minor Children
The final judgment dissolving the marriage in a stipulated or uncontested case involving children.
UJS-321 Application for Default Judgment without Minor Children
Requests a default judgment when the defendant has not responded, in a case with no children.
UJS-322A Default Judgment and Decree of Divorce without Minor Children
The final decree entered by default in a case with no children.
UJS-323 Application for Default Judgment with Minor Children
Requests a default judgment when the defendant has not responded, in a case involving children.
UJS-322B Default Judgment and Decree of Divorce with Minor Children
The final decree entered by default in a case involving children.
UJS-306 Statement of Military Status
A required statement confirming the defendant's military status before a default judgment, for compliance with the Servicemembers Civil Relief Act.
Where to Get South Dakota Divorce Forms
You have several options for obtaining South Dakota's divorce forms, depending on how much guidance you want along the way.
The Official State Courts Website
South Dakota's Unified Judicial System publishes all of the statewide divorce forms as free PDFs. You can find them on the official UJS self-help page at ujs.sd.gov. Because the forms are uniform statewide, the version you download is the same one used in every county.
The Guide and File Online Tool
The UJS also offers a free "Guide and File" tool that walks you through questions and generates completed forms interactively. It is available through the same official UJS website. The UJS additionally operates a Legal Form Help Line at 1-855-784-0004 for help with the forms themselves (this line provides form assistance, not legal advice).
The County Clerk of Courts
The Clerk of Courts office in the county where the case is filed can point you to the correct forms and accept your filing. In South Dakota, a divorce is filed in the county where either spouse resides.
Legal Aid and Self-Help Resources
Legal aid organizations and the UJS self-help center provide guidance for people handling a divorce without an attorney. These resources help you understand the forms and the process, though they generally do not provide individual legal advice.
Online Divorce Services
If you would rather not assemble the paperwork on your own, an online service can help. Divorce.com guides you through a simple questionnaire and helps prepare your South Dakota forms, so you can spend less time deciphering legal documents and more time moving forward.
Hiring an Attorney
If your case is contested or your finances are complex, working with an attorney may be the right choice. Note that South Dakota's pro se form packets cover stipulated and default divorces; contested divorces involving litigation do not have a separate self-help form packet, which is one reason people in contested matters often choose to work with counsel.
The South Dakota Divorce Process
While every case is different, most South Dakota divorces follow a general sequence of steps.
1. Confirm Residency
South Dakota does not require a minimum length of residence. Under SDCL § 25-4-30, the plaintiff must simply be a resident of South Dakota at the time the action is commenced. This makes South Dakota one of the more permissive states on residency.
2. File the Summons and Complaint
The case begins when the plaintiff files the summons and complaint (and the Case Filing Statement) with the Clerk of Courts. The case is filed in the county where either spouse resides.
3. Serve the Other Spouse
The defendant must be served with the summons and complaint. Proper service is what starts the clock on the waiting period and gives the defendant the chance to respond.
4. Exchange Financial Disclosures
Financial disclosure is part of the process, using the Financial Statement (UJS-023). When children are involved, additional forms such as the parenting guidelines, parenting course statement, and child support order data form come into play.
5. Observe the Waiting Period
South Dakota requires a mandatory 60-day waiting period from completed service of the summons and complaint on the defendant, under SDCL § 25-4-34. This period cannot be waived or shortened. If custody or parenting time is at issue, the mandatory parenting course is required within 60 days of commencement and is documented with UJS-364.
6. Finalize With a Decree and Get Certified Copies
The case is finalized through a Judgment and Decree of Divorce, either by stipulation or by default. Once entered, you can request certified copies of the decree from the court for your records and for tasks like updating accounts or a name change.
South Dakota-Specific Requirements You Should Know
Residency. South Dakota has no minimum durational residency period. The plaintiff only needs to be a resident at the time the action is commenced (SDCL § 25-4-30), and the case is filed in the county where either spouse resides.
Property division. South Dakota is an equitable distribution state, and notably an "all-property" one. That means a court may divide property titled in either spouse's name, not only what is considered marital or community property. Equitable means fair, which is not always an even 50/50 split.
Grounds. South Dakota recognizes both no-fault and fault grounds. The no-fault ground is irreconcilable differences (SDCL § 25-4-2(7)), which requires either mutual consent or the defendant's default. Fault grounds under SDCL § 25-4-2 include adultery, extreme cruelty (bodily injury or grievous mental suffering), willful desertion, willful neglect, habitual intemperance, and conviction of a felony.
Waiting period. A mandatory 60-day waiting period runs from completed service on the defendant (SDCL § 25-4-34) and cannot be waived or shortened.
Other notes. A court-approved parenting course is mandatory in any case involving custody or parenting time and can only be waived by a judge for good cause (such as the other party's default or completion within the prior five years). South Dakota has no covenant marriage statute.
Common Mistakes to Avoid
Using the Wrong Form Track
South Dakota's forms come in separate "with children" and "without children" versions, and in separate stipulated and default tracks. Mixing up which set applies to your situation is a frequent source of delay.
Missing the Parenting Course Requirement
When custody or parenting time is involved, the parenting course is required within 60 days of commencement and documented with UJS-364. Overlooking it can stall finalization.
Assuming the Waiting Period Can Be Shortened
The 60-day waiting period is mandatory and cannot be waived, even when both spouses agree on everything. Planning around it from the start helps set realistic expectations.
Incomplete Financial Disclosure
The Financial Statement is part of the process, and leaving it incomplete or inaccurate can create problems. Take the time to fill it out fully.
Forgetting the Military Status Statement in Default Cases
Before a default judgment, the Statement of Military Status (UJS-306) is required for Servicemembers Civil Relief Act compliance. It is easy to overlook when a spouse simply has not responded.
How Divorce.com Can Help
Handling a divorce on your own does not mean doing it alone. Divorce.com is built to take the guesswork out of the paperwork, guiding you through plain-language questions and helping you prepare the right South Dakota forms for your situation. Here is what you get:
A simple, guided questionnaire instead of a stack of blank legal forms
Help preparing South Dakota's statewide UJS forms for your circumstances
Clear, step-by-step explanations in everyday language
A more affordable path than full attorney representation for uncontested cases
Support that helps you move forward with confidence and less stress
Which South Dakota Divorce Forms Will You Need?
The forms you use depend on your circumstances: whether you and your spouse have minor children, whether you both agree on the terms (a stipulated or uncontested divorce), or whether your spouse never responds (a default divorce). South Dakota organizes its forms around two clear procedural tracks: stipulated/uncontested and default. Each track has its own numbered forms, and most forms come in a "without minor children" version and a "with minor children" version. Here is what the main forms do, grouped by stage.
Starting the Case
UJS-309 Summons for Divorce without Minor Children
Initiates a divorce action with no children and is served on the defendant along with the complaint.
UJS-310 Complaint for Divorce without Minor Children
The plaintiff's formal complaint used to start a divorce that does not involve minor children.
UJS-311 Summons for Divorce with Minor Children
Initiates a divorce action involving children and is served on the defendant along with the complaint.
UJS-312 Instructions and Form for Divorce Complaint with Minor Children
The plaintiff's formal complaint used to start a divorce that involves minor children.
UJS-232 Case Filing Statement
A required court filing data form filed with the clerk when the case is opened.
Responding to a Divorce
UJS-316 Instructions and Answer for Divorce without Minor Children
The defendant's response to a summons and complaint in a case with no children.
UJS-318 Instructions and Answer for Divorce with Minor Children
The defendant's response to a summons and complaint in a case involving children.
Financial and Disclosure Forms
UJS-023 Financial Statement
The financial disclosure form used in divorce cases. It is required in cases with children and is referenced as part of the stipulation packet in cases without children.
UJS-319A Statement as to Jurisdiction and Grounds for Divorce without Minor Children
Affirms residency and jurisdiction and the stated grounds for divorce in a case with no children.
UJS-319B Statement as to Jurisdiction and Grounds for Divorce with Minor Children
Affirms residency and jurisdiction and the stated grounds for divorce in a case involving children.
Forms for Divorces With Children
When minor children are involved, South Dakota adds a few specific requirements. A court-approved parenting course is mandatory in any case where custody or parenting time is at issue.
UJS-302 South Dakota Parenting Guidelines
Court-issued parenting guidelines used in cases involving minor children.
UJS-364 Statement on Court-Approved Parenting Course
Documents completion of the mandatory parenting course, or a request to waive it, in cases where custody or parenting time is at issue.
UJS-089 Instructions for Child Support Order Filing Data Form
A data form used to finalize a child support order. Note: South Dakota calculates child support using state guidelines and a worksheet, so there is no standalone numbered "child support form." UJS-089 is a filing data form for the order, not a calculation worksheet.
Settlement or Separation Agreement
When spouses agree on the terms, a stipulation and settlement agreement records that agreement for the court.
UJS-324 Stipulation and Settlement Agreement without Minor Children
An agreed settlement of all issues, such as property and support, in a divorce without children.
UJS-325 Stipulation and Settlement Agreement for Divorce with Minor Children
An agreed settlement of all issues, including custody, parenting time, and child support.
Finalizing Your Case
A divorce can be finalized either by stipulation (both parties agree) or by default (the defendant does not respond). Each path has its own forms.
UJS-326A Judgment and Decree of Divorce without Minor Children
The final judgment dissolving the marriage in a stipulated or uncontested case with no children.
UJS-326B Judgment and Decree of Divorce with Minor Children
The final judgment dissolving the marriage in a stipulated or uncontested case involving children.
UJS-321 Application for Default Judgment without Minor Children
Requests a default judgment when the defendant has not responded, in a case with no children.
UJS-322A Default Judgment and Decree of Divorce without Minor Children
The final decree entered by default in a case with no children.
UJS-323 Application for Default Judgment with Minor Children
Requests a default judgment when the defendant has not responded, in a case involving children.
UJS-322B Default Judgment and Decree of Divorce with Minor Children
The final decree entered by default in a case involving children.
UJS-306 Statement of Military Status
A required statement confirming the defendant's military status before a default judgment, for compliance with the Servicemembers Civil Relief Act.
Where to Get South Dakota Divorce Forms
You have several options for obtaining South Dakota's divorce forms, depending on how much guidance you want along the way.
The Official State Courts Website
South Dakota's Unified Judicial System publishes all of the statewide divorce forms as free PDFs. You can find them on the official UJS self-help page at ujs.sd.gov. Because the forms are uniform statewide, the version you download is the same one used in every county.
The Guide and File Online Tool
The UJS also offers a free "Guide and File" tool that walks you through questions and generates completed forms interactively. It is available through the same official UJS website. The UJS additionally operates a Legal Form Help Line at 1-855-784-0004 for help with the forms themselves (this line provides form assistance, not legal advice).
The County Clerk of Courts
The Clerk of Courts office in the county where the case is filed can point you to the correct forms and accept your filing. In South Dakota, a divorce is filed in the county where either spouse resides.
Legal Aid and Self-Help Resources
Legal aid organizations and the UJS self-help center provide guidance for people handling a divorce without an attorney. These resources help you understand the forms and the process, though they generally do not provide individual legal advice.
Online Divorce Services
If you would rather not assemble the paperwork on your own, an online service can help. Divorce.com guides you through a simple questionnaire and helps prepare your South Dakota forms, so you can spend less time deciphering legal documents and more time moving forward.
Hiring an Attorney
If your case is contested or your finances are complex, working with an attorney may be the right choice. Note that South Dakota's pro se form packets cover stipulated and default divorces; contested divorces involving litigation do not have a separate self-help form packet, which is one reason people in contested matters often choose to work with counsel.
The South Dakota Divorce Process
While every case is different, most South Dakota divorces follow a general sequence of steps.
1. Confirm Residency
South Dakota does not require a minimum length of residence. Under SDCL § 25-4-30, the plaintiff must simply be a resident of South Dakota at the time the action is commenced. This makes South Dakota one of the more permissive states on residency.
2. File the Summons and Complaint
The case begins when the plaintiff files the summons and complaint (and the Case Filing Statement) with the Clerk of Courts. The case is filed in the county where either spouse resides.
3. Serve the Other Spouse
The defendant must be served with the summons and complaint. Proper service is what starts the clock on the waiting period and gives the defendant the chance to respond.
4. Exchange Financial Disclosures
Financial disclosure is part of the process, using the Financial Statement (UJS-023). When children are involved, additional forms such as the parenting guidelines, parenting course statement, and child support order data form come into play.
5. Observe the Waiting Period
South Dakota requires a mandatory 60-day waiting period from completed service of the summons and complaint on the defendant, under SDCL § 25-4-34. This period cannot be waived or shortened. If custody or parenting time is at issue, the mandatory parenting course is required within 60 days of commencement and is documented with UJS-364.
6. Finalize With a Decree and Get Certified Copies
The case is finalized through a Judgment and Decree of Divorce, either by stipulation or by default. Once entered, you can request certified copies of the decree from the court for your records and for tasks like updating accounts or a name change.
South Dakota-Specific Requirements You Should Know
Residency. South Dakota has no minimum durational residency period. The plaintiff only needs to be a resident at the time the action is commenced (SDCL § 25-4-30), and the case is filed in the county where either spouse resides.
Property division. South Dakota is an equitable distribution state, and notably an "all-property" one. That means a court may divide property titled in either spouse's name, not only what is considered marital or community property. Equitable means fair, which is not always an even 50/50 split.
Grounds. South Dakota recognizes both no-fault and fault grounds. The no-fault ground is irreconcilable differences (SDCL § 25-4-2(7)), which requires either mutual consent or the defendant's default. Fault grounds under SDCL § 25-4-2 include adultery, extreme cruelty (bodily injury or grievous mental suffering), willful desertion, willful neglect, habitual intemperance, and conviction of a felony.
Waiting period. A mandatory 60-day waiting period runs from completed service on the defendant (SDCL § 25-4-34) and cannot be waived or shortened.
Other notes. A court-approved parenting course is mandatory in any case involving custody or parenting time and can only be waived by a judge for good cause (such as the other party's default or completion within the prior five years). South Dakota has no covenant marriage statute.
Common Mistakes to Avoid
Using the Wrong Form Track
South Dakota's forms come in separate "with children" and "without children" versions, and in separate stipulated and default tracks. Mixing up which set applies to your situation is a frequent source of delay.
Missing the Parenting Course Requirement
When custody or parenting time is involved, the parenting course is required within 60 days of commencement and documented with UJS-364. Overlooking it can stall finalization.
Assuming the Waiting Period Can Be Shortened
The 60-day waiting period is mandatory and cannot be waived, even when both spouses agree on everything. Planning around it from the start helps set realistic expectations.
Incomplete Financial Disclosure
The Financial Statement is part of the process, and leaving it incomplete or inaccurate can create problems. Take the time to fill it out fully.
Forgetting the Military Status Statement in Default Cases
Before a default judgment, the Statement of Military Status (UJS-306) is required for Servicemembers Civil Relief Act compliance. It is easy to overlook when a spouse simply has not responded.
How Divorce.com Can Help
Handling a divorce on your own does not mean doing it alone. Divorce.com is built to take the guesswork out of the paperwork, guiding you through plain-language questions and helping you prepare the right South Dakota forms for your situation. Here is what you get:
A simple, guided questionnaire instead of a stack of blank legal forms
Help preparing South Dakota's statewide UJS forms for your circumstances
Clear, step-by-step explanations in everyday language
A more affordable path than full attorney representation for uncontested cases
Support that helps you move forward with confidence and less stress
Deciding to end a marriage is rarely simple, and the paperwork that comes with it can feel like one more weight on an already heavy day. The good news: South Dakota has worked to make the process more navigable than most. This guide walks you through the divorce forms used in South Dakota, what each one does, where to find them, and how the process generally unfolds, so you can move forward feeling informed rather than overwhelmed.
South Dakota is somewhat unusual in that its divorce forms are standardized statewide. The Unified Judicial System (UJS) publishes a uniform set of numbered forms used across every county, so you are not hunting down different paperwork depending on where you live. The state also offers a free online "Guide and File" tool that builds completed forms with you, step by step.
Below, we break the forms into the stages of a case: starting it, responding, financial disclosure, forms for divorces involving children, settlement, and finalizing. We will also cover South Dakota's residency rule, how it divides property, and its mandatory waiting period.
One important note before we begin: this page is informational only and describes what these forms do and how the process generally works. It is not legal advice. Every situation is different, and for advice on your specific situation, consult an attorney.
The Bottom Line
South Dakota keeps things relatively straightforward: forms are standardized statewide through the Unified Judicial System, residency rules are among the most permissive in the country, and a free online Guide and File tool can build your documents with you. The main things to keep in mind are the 60-day waiting period that cannot be shortened, the mandatory parenting course when children are involved, and the state's "all-property" equitable distribution approach. Whether you are in Sioux Falls, Rapid City, Aberdeen, Brookings, or anywhere else in the state, the same forms apply.
You can download every official form for free from the South Dakota Unified Judicial System at ujs.sd.gov. If you would rather have a guided experience that prepares the paperwork for you, Divorce.com can help you get started.
This page is informational and describes how South Dakota's forms and process generally work. It is not legal advice. For advice on your specific situation, consult an attorney.
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