South Dakota Divorce Procedures

In this state, the divorcing partner who files the divorce action is named as the Plaintiff. The other divorcing partner is called as the Defendant. The divorce action is filed in the Circuit Court that exists in the county of residence. From the filing date of the action, there is a 60 day waiting period on completion of which, a hearing can be held or a divorce can be granted.

Forms one comes across in South Dakota Divorce Procedure

In order to initiate the divorce procedure, the Plaintiff must complete the following forms.

• A Complaint with Children (UJS 312) and a Summons with Children (UJS 311), or
• A Complaint without Children (UJS 310) and a Summons without Children (UJS 309)

As per the law in this state, after the receipt of the Complaint and Summons, the Defendant is allotted 30 days to file an Answer. This period is notified to the Respondent through the Summons. If the Defendant fails to file an Answer, then, a Default Judgment is executed.

The Complaint mentions the grounds of divorce. If there are fault grounds, then the divorce would most probably be contested. If irreconcilable differences are the grounds of divorce, then there is more possibility that the divorce would be uncontested.

The Defendant possesses the option of signing a Notice and Admission of Service of Summons and Complaint (UJS 315). After the signature is done, this form is forwarded to the Plaintiff. Then, the Plaintiff files this form with the Clerk of Courts along with other divorce papers.

The Defendant has the option not to sign a Notice and Admission of Service of Summons and Complaint. Under such circumstances, the Plaintiff must serve the Complaint and Summons to the Defendant.

As per the laws in this state, the Plaintiff should not serve the divorce papers personally. The service must be generally done by a professional process server or a Sheriff. The individual who completes the service must fill in a notarized Affidavit of Personal Service (UJS 314) and return it to the Plaintiff. If the Plaintiff mails some other documents other than the Complaint and the Summons to the Defendant, then, the Plaintiff must ensure that a notarized Affidavit of Service by Mail (UJS 313) must be completed.

Some other documents to be filed during South Dakota Divorce Procedure are as follows.

• Financial Affidavit (UJS 304): contains detailed information about the debts and property of the divorcing party
• Child Support Filing Data (UJS / DSS 89)
• Civil Case Filing Statement (UJS 232)
• Affidavit of Non-Military Status (UJS 306): This is to be filed by the Plaintiff. This document is used to attest that the Defendant is not serving in the military and is not protected under the terms of the Service members Civil Relief Act.

It may happen that the Defendant does not accept the service or resides outside the state. Then, the Plaintiff must take the permission of the court to publish the notice of the action in the newspaper. In South Dakota, this notice can be published at the most 4 times and after that it is considered that the Defendant has been served.

Divorce Papers