How to Get an Uncontested Divorce in South Dakota
What Is an Uncontested Divorce in South Dakota?
Many people assume that an uncontested divorce in South Dakota is simply any divorce where both spouses claim to want a divorce. However, this is not accurate. For an uncontested divorce in South Dakota to take place, both spouses must have agree on all the terms of their divorce, from big things like child custody and who gets the house to the more minute details such as whether lawyer fees will be compensated.
Who Is Eligible for an Uncontested Divorce in South Dakota?
In order to file for uncontested divorce in South Dakota, you only need to be a resident of the state. There isn’t any time minimum set by the legislature for this as in most places; verifiable residency is all that is required.
If you and your spouse live apart in different judicial districts, then you can file for uncontested divorce South Dakota in either district.
Uncontested divorce South Dakota is a no-fault divorce action which means that irreconcilable differences can be cited as the cause of divorce. Other general grounds such as adultery, inhuman treatment, willful neglect, and habitual temperament may also be credited in the paperwork.
How Do I File for an Uncontested Divorce in South Dakota?
• As in most states, you will need a Summons UJS-309 to show that the defendant knows that action is taking place.
Find the Summons here if you don’t have children:
Find the correct form here if you do have children:
• To register that the Complaint has been read, the Defendant for an uncontested divorce in South Dakota should sign an Admissions of Service UJS-315.
Print that form here:
• You will also need a Complaint for Divorce UJS-310 or 312, signed by the Plaintiff, officially beginning the divorce process.
Visit here for a version for without children:
Go here if you have children:
• Fill out the Affidavit of Plaintiff and Defendant As to Jurisdiction and Grounds for Divorce, form UJS 319.
You can find it here:
It will ask for the grounds of your divorce and some identifying information. Make sure to only sign it in front of a notary public or the clerk of the court.
• You will also need a Stipulation and Settlement Agreement, either form USJ 324 if you don’t have children or form UJS 325 if you do have children. This lists all the terms of your divorce.
Find the version for with children here:
Find the version for without children here: