STEP 4 - After either method of serving, you will need to file the Proof of Service with the clerk.
STEP 5 - Your spouse must file the Answer within 30 days of being served.
If you spouse does not file the Answer within 30 days, you will need to fill out the Affidavit of Default Form and Notice of Intent to Take Default Judgment. After filing, you will need to serve your spouse by following the Instructions for Notice of Entry of Decree of Divorce.
STEP 6 - You will have to meet and get together with your spouse in order to follow the instructions for Stipulation and Settlement Agreement and fill out the Affidavit for Grounds of Divorce go to Step 7A.
If you cannot come to terms with your spouse, you will want to go to Step 7B.
- WAIT 60 DAYS FROM THE DATE YOU FILED THE FORMS IN STEP 2 -
STEP 7A - File the Stipulation and Settlement Agreement and Affidavit for Grounds of Divorce with the clerk's office. Chances are likely that you will not have a court hearing if everything has been agreed too. The Judge will authorize your Decree of Divorce and you will receive it in the mail. At this time your divorce is final in the State of South Dakota.
STEP 7B - File the original Notice of Intent to Take Judgment, Affidavit of Default, Affidavit of Service by Mail, Judgment and Decree of Divorce, and Pro Se Checklist with the clerk.
If all the steps and forms were done correctly the Judge will sign your Divorce Decree. At this time your divorce is final in the State of South Dakota
*NAME CHANGE - If you are seeking to change your name after divorce in South Dakota here is free guide.