South Dakota Marital Settlement (Divorce) Agreement Form [PDF]

The South Dakota marital settlement agreement form is a legal document that outlines the spouses’ rights and obligations in the divorce process. This document allows spouses to decide on issues such as child support, custody and visitation, alimony, division of marital property, and more.

Partners can download the marital settlement agreement template from the official court website and complete it according to their will. Given the impact of this document and the fact that it can form the basis of a court decision, spouses should seek professional assistance when completing it to ensure that everything is in compliance with the law.

Divorce Forms

Divorce forms should be filed with the Circuit Court. The filing fee is $95, and the waiting period is at least 60 days.

Divorce Laws and Legal Requirements in South Dakota

Divorce laws and legal requirements in South Dakota regulate all significant matters in the divorce process and are found in Chapter 25-4 of the South Dakota Codified Laws. These include:

How to File For a Divorce in South Dakota in 7 Steps

Following this guide on how to file for a divorce in South Dakota is a reliable way to ensure that spouses have taken all necessary steps for an effective divorce process. Here are the steps to follow:

#1. Fill out the Divorce Form

The first step is to fill out the initial divorce form, called the divorce complaint. The spouse who files the complaint is regarded as the plaintiff, while the other spouse is regarded as the defendant.

Plaintiffs use the divorce complaint to request the dissolution of the marriage from the court, and they should include personal information about partners, their children (if any), property details, grounds for divorce, and name change requests.

When the spouses do not agree on essential marital matters, the plaintiff proposes dividing marital property, arranging parental rights, child visitation and custody, spousal support, and other issues in the complaint.

#2. Fill out Additional Court Forms

The divorce complaint is the initial document in divorce proceedings, but it is not the only one. South Dakota state law requires the plaintiff to complete and submit various forms to the court when initiating divorce, and the number and content of these forms depend on whether the spouses have children.

So, when the spouses have minor children, the plaintiff needs to complete the following forms:

• UJS-307B Plaintiffs Checklist for Divorce

• UJS 311 Summons

• UJS-312 Complaint (notarized by a notary or court clerk)

• UJS-232 Case Filing Statement

• UJS-023 Financial Affidavit (notarized by a notary or court clerk)

• South Dakota Parenting Guidelines

When the spouses do not have minor children, the plaintiff fills out the following forms:

• UJS-307A Plaintiff’s Checklist for Divorce

• UJS-309 Summons

• UJS-310 Complaint (notarized by a notary or court clerk)

• UJS-232 Case Filing Statement

• UJS-023 Financial Affidavit (notarized by a notary or court clerk)

#3. File the Forms With the Court

The next step for the plaintiff is to submit the completed forms to the court clerk’s office of the Circuit Court and to make a copy for the other party. At this point, the plaintiff is required to pay the filing fee. If the plaintiff cannot afford the fee, they could ask the judge to waive it. In that case, the plaintiff should submit the following forms:

• UJS-022 Instructions for Motion and Order Waiving Filing and Service Fees

• UJS-028 Order Waiving Filing Fees and Service of Process Fees

After reviewing all these documents, the judge will decide whether to waive the fee based on the provided evidence.

#4. Serve the Forms to the Spouse

The divorce “officially” begins when the complaint and summons are personally served to the defendant because they meet the plaintiff's claims for the first time. Proper service is indispensable in the divorce process, so there are three ways to serve a spouse.

The first way includes serving the defendant by mail to their known address. Upon receiving them, the defendant must sign an Admission of Service as proof of receipt. The admission of service is then returned to the plaintiff to be forwarded to the court, or the defendant can send it directly.

The plaintiff can personally hand the complaint and summons to the defendant if they are sure that the defendant will accept them voluntarily.

The third standard method of delivery is by the sheriff or process server. In this case, after serving, the sheriff or server will provide the plaintiff with proof of service, which the plaintiff then must submit to the court.

#5. Wait for the Defendant's Answer

After being served with the complaint, the defendant has 30 days to file an answer. They can agree, disagree, or partly agree with the complaint. In the event of disagreement, the defendant must clearly state their reasons and challenge the plaintiff’s claim, and this is what is known as a contested divorce.

#6. Proceed as a Default, Stipulated, or Contested Divorce

The progression of divorce depends on the defendant's answers and the spouse’s agreement. Accordingly, we categorize divorces into default, stipulated, and contested.

Default Divorce

A default divorce is finalized when the defendant does not respond to the complaint within 30 days of receiving it. However, the plaintiff has to wait 60 days from serving the defendant for the judgment to become legally binding. After that, the plaintiff should file the rest of the forms with the court and send them to the defendant.

When the spouses do not have minor children, the plaintiff submits these forms:

• UJS-321 Application for Default Judgment

• UJS-322A Affidavit of Defendant’s Military Status

• UJS-322A Judgment and Decree of Divorce—Default

• Notice of Hearing

When the spouses have minor children, the plaintiff submits these forms:

• UJS-323 Application for Default Judgment

• UJS-306 Affidavit of Defendant’s Military Status

• UJS-322B Judgment and Decree of Divorce – Default

• Notice of Hearing

Stipulated Divorce

A stipulated or uncontested divorce is an ideal way for spouses to divorce because it is based on their mutual written divorce settlement agreement on handling all relevant matters, from a parenting plan to property division. Spouses submit this document to the judge, who will review and approve it, after which it becomes effective and legally binding.

Contested Divorce

After the defendant provides an answer, the court will schedule a hearing. The judge will review all documentation, including the spouses’ completed Judgment and Decree of Divorce form. The judge may ask questions to clarify any issues before deciding.

Once the decision is made, both parties provide their signatures, and the clerk completes a Notice of Entry of Judgment and Decree of Divorce. The clerk then sends copies of the Notice, the marital settlement agreement, and the Judgment to both parties. The divorce will be finalized when both parties receive these documents.

#7. Change Your Name

When the plaintiff in the divorce complaint or the defendant in the answer requests a name change, the court will decide on this in the judgment. The spouse who reverts to their former name must update all personal documents and notify all institutions where they have records about this change.