Uncontested Divorce in South Dakota

Divorce is a heartbreaking topic for a plethora of individuals. It causes a lot of anxiety regarding the future of self and the children, if any. Parents have a deep desire that their children should not be harmed due to their divorce.

In this state, the divorcing party filing the action and responding to the action is called as Plaintiff and Defendant respectively. The Circuit Court is the venue where the action is to be filed.

Grounds of Uncontested Divorce in South Dakota

General grounds

• Habitual intemperance.
• Willful neglect.
• Inhuman and cruel treatment.
• Willful desertion.
• Conviction of a felony.
• Adultery.

No-fault grounds

• Irretrievable breakdown of the marriage due to irreconcilable differences between husband and wife.

Residency requirements of Uncontested Divorce in South Dakota

On the date of filing the action, the Plaintiff must be a resident of this state. This person must continue the residency in this state till the divorce becomes final. The county wherein either divorcing partner resides may be chosen for filing the action. If the Defendant wishes, the Defendant has the right to transfer the divorce action in the county wherein he or she resides. The above mentioned rights are applicable to all the individuals, inclusive of military personnel who have been stationed in this state.

Forms related to Uncontested Divorce in South Dakota

The Plaintiff is required to fill in the below mentioned forms.

• A Complaint with children (UJS 312) and a Summons with children (UJS 311).
• A Complaint without children (UJS 310) and a Summons without children (UJS 309).

Through the Summons, the Defendant learns that the Complaint must be answered within 30 days of its receipt. If the Defendant fails to answer, then, the default judgment against the Defendant may be executed. The Summons also fulfills the following purposes.

• Restricts the divorcing partners from disturbing or molesting one another.
• Prohibits the dissipation of marital assets.
• Orders the divorcing partners not to remove children from this state.

If the Complaint specifies that the action is being taken due to irreconcilable differences, then the action is an uncontested one.

The Defendant has the right to sign the Notice and Admission of Service of Summons and Complaint, named UJS 315. After the Plaintiff receives this Notice, the Plaintiff files it with the court clerk. When the Defendant does not sign this Notice, the Plaintiff must arrange to serve the Complaint and Summons through a Professional Process Server or a Sheriff.

This Server or Sheriff completes UJS 314, a notarized Affidavit of Personal Service. This is forwarded to the Plaintiff and it becomes a part of the case papers. The Plaintiff may mail case papers other than the Complaint and the Summons to the Defendant. Further, the Plaintiff must add UJS 313, a notarized Affidavit of Service by Mail, to the divorce papers.

Some other forms are as follows.

• UJS 232: A Civil Case Filing Statement.
• UJS 89: A Child Support Filing Data Form, if applicable.
• UJS 304: Data pertaining to the debts and properties of the divorcing parties.

Divorce Papers