How to File For Divorce in South Dakota
howtofilefordivorce.org
 
filing for divorce
divorce
how to file for divorce

- OFFICIAL -

HOW TO FILE FOR DIVORCE IN SOUTH DAKOTA

- STEP BY STEP GUIDE -

STEP 1 - 2 ways to download the required South Dakota divorce papers:

Option A - BLANK SOUTH DAKOTA DIVORCE PAPERS

Option B - HAVE DIVORCE PAPERS FILLED IN FOR YOU!

  • $299 Professional Service

STEP 2 - The Spouse that has decided to file for divorce must complete the following forms and be sure to have them filed with the Court Clerk's Office in the County where you reside:

  • Case Filing Statement
  • Summons
  • Complaint
  • Financial Affidavit
  • Affidavit of Non-Military Response
  • Child Support Order Filing Data Form
  • Pay $95 filing fee with the court.

STEP 3 - You must SERVE your spouse of the filing by sending copies of the filed documents (above) as well as the following forms:

  • Parenting Time Guidelines
  • Financial Affidavit
  • Civil Case Filing Statement
  • Answer
  • Answer and Counterclaim
  • Stipulation and Settlement
  • Affidavit as to Jurisdiction and Grounds for Divorce

2 ways to serve your spouse:

Option A - Following the instructions for Notice and Admission of Summons and Complaint

Option B - Following the instructions for Affidavit of Personal Service which will be served by the Sheriff, constable, or other process server.

VIDEO TUTORIAL

 

REQUIREMENTS

  • Either party must be a resident of South Dakota.
  • The only cause for divorce is 'Irreconcilable Differences'.

HOW LONG DOES IT TAKE?

  • A divorce in South Dakota takes a minimum of 5 months

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.

 

Terms & Conditions

HowtoFileForDivorce.org provides information and Documents only.
This site is not a "lawyer referral service" and does not provide or participate in any legal representation.