South Dakota divorce forms are the legal documents required to file for divorce, respond to divorce petitions, and finalize the dissolution of marriage in South Dakota courts. Whether you're pursuing an uncontested divorce where both spouses agree on terms or facing a contested divorce requiring court intervention, understanding which South Dakota divorce forms you need, where to obtain them, and how to complete them properly ensures your divorce proceeds smoothly without costly delays or rejections.
Divorce in South Dakota requires specific legal documents prepared according to court rules and procedures. These forms officially start the divorce process, notify your spouse of the action, disclose financial information, and ultimately finalize the dissolution of the marriage.
Forms Vary by Situation
The specific South Dakota divorce forms you need depend on whether you have minor children, whether your divorce is contested or uncontested, whether you're the plaintiff (filing spouse) or defendant (responding spouse), and what issues need resolution, including property division, child support, and spousal support.
Required Forms to File for Divorce
To file for divorce in South Dakota, the plaintiff must prepare and submit several essential documents to the circuit court.
Summons
The summons is the official court document that notifies your spouse that a legal action has been filed against them. The summons must include the court name and county, case caption with plaintiff and defendant names, a directive requiring the defendant to answer the complaint within thirty days after service, a warning that failure to answer may result in default judgment, plaintiff's or attorney's signature, and filing date once submitted to the court.
The summons demands that your spouse answer the complaint within 30 days, or a default judgment may be entered against them after 60 days. This document must be legibly completed and properly formatted according to court requirements.
Complaint for Divorce (Petition)
The complaint (also called a divorce petition) is your formal request asking the court to grant the divorce. This critical document must include:
Identifying information for both spouses, including full legal names, current addresses, dates of birth, and marriage information, including date and place of marriage. You must state your grounds for divorce, either no-fault irreconcilable differences or one of six fault-based grounds. If you have minor children, the complaint must list their names, dates of birth, and current custody arrangements.
The complaint states your requests to the court regarding legal and physical custody of children, child support amounts and arrangements, parenting time and visitation schedules, spousal support or alimony, division of marital property and assets, allocation of marital debts, attorney fees if requesting the court order your spouse to pay, and any other relief you're seeking.
This document essentially tells the court what you want the judge to decide about all divorce-related matters.
Financial Affidavit
Most South Dakota counties require comprehensive financial disclosure forms detailing your complete financial situation. The financial affidavit includes information about income from all sources (employment, self-employment, investments, government benefits, other sources), monthly expenses (housing, utilities, food, transportation, healthcare, childcare, other living expenses), assets (real estate, vehicles, bank accounts, retirement accounts, investments, personal property), and debts (mortgages, car loans, credit cards, personal loans, other liabilities).
This form provides the court with financial information necessary to make fair decisions about property division, child support, and spousal support.
Additional Required Forms
Depending on your circumstances, you may need additional forms, including a civil cover sheet (administrative form identifying case type), a confidential information form (contains private information kept separate from public file), an admission of service (if spouse agrees to accept papers voluntarily), and a fee waiver application (if you cannot afford filing fees).
Forms for Divorces with Children
If you have minor children, additional South Dakota divorce forms address custody, visitation, and support.
Parenting Plan
The parenting plan details how parents will share time with and make decisions for their children after divorce. This comprehensive document addresses legal custody (decision-making authority about education, healthcare, religion), physical custody (where children primarily reside), parenting schedule (regular schedule, weekends, holidays, vacations, special occasions), transportation arrangements between homes, communication methods between parents and children, decision-making processes for major issues, dispute resolution procedures, and any other parenting arrangements.
Courts require detailed parenting plans showing how both parents will maintain meaningful relationships with children while minimizing conflict and disruption.
Child Support Worksheet
South Dakota uses specific guidelines to calculate child support obligations. The child support worksheet is a mandatory form that determines support amounts based on both parents' incomes, the number of children requiring support, health insurance costs, childcare expenses, extraordinary medical or educational expenses, and parenting time arrangements (as shared custody affects calculations).
The worksheet applies statutory formulas to determine appropriate support amounts, ensuring consistency across cases while accounting for individual circumstances.
Information About Children Form
This form provides the court with detailed information about minor children, including full names and dates of birth, current living arrangements, school information, healthcare providers, any special needs or concerns, current custody arrangements, and relationships with each parent.
Forms for Divorces Without Children
Divorces without minor children require fewer forms but still involve substantial paperwork.
Simplified Forms for Childless Divorces
When no minor children are involved, the divorce process focuses primarily on dividing property and determining spousal support. Required forms typically include summons, complaint for divorce (without children version), financial affidavit or disclosure forms, and stipulation and property settlement agreement (if uncontested).
The absence of children eliminates the need for parenting plans, child support worksheets, and child custody evaluations, streamlining the paperwork significantly.
Defendant's Response Forms
If you're the spouse being served with divorce papers, you must file response documents within 30 days.
Answer to Complaint
The answer is your formal written response to your spouse's complaint. In this document, you respond to each allegation in the plaintiff's complaint by admitting, denying, or stating you lack sufficient information to admit or deny each numbered paragraph.
The answer allows you to contest any statements in the complaint, disagree with grounds for divorce, dispute custody or support requests, challenge property division proposals, and assert your own positions on contested issues.
Counterclaim
If you want to make your own requests to the court rather than just responding to your spouse's complaint, you file a counterclaim. This document functions as your own complaint for divorce, allowing you to state your preferred grounds for divorce, request specific custody arrangements, propose property division, seek spousal support, request attorney fees, and make any other requests to the court.
The counterclaim ensures you're not simply reacting to your spouse's requests but actively presenting your own case to the court.
Admission of Service
The simplest response is signing an admission of service form acknowledging that you received the divorce papers. This saves the expense of formal service by a sheriff or process server. However, signing an admission of service doesn't mean you agree to the divorce or its terms; it simply confirms you received the paperwork.
You still must file an answer or counterclaim within 30 days if you want to contest any aspect of the divorce.
Settlement and Stipulation Forms
When spouses agree on divorce terms, stipulation forms memorialize their agreements.
Stipulation and Property Settlement Agreement
This comprehensive document contains all agreements reached by spouses regarding property division (who receives which assets, who assumes which debts), spousal support (amount, duration, termination conditions), child custody (legal and physical custody arrangements), child support (amount and payment terms), parenting time schedule, and all other divorce terms.
Both spouses sign the stipulation, and it's submitted to the court for approval. Once the judge approves and signs the stipulation, it becomes part of the binding divorce decree.
Consent to Entry of Decree
In uncontested divorces, both parties may sign a consent to entry of decree, allowing the judge to finalize the divorce without requiring either spouse to appear for a final hearing. This convenience is only available when spouses agree on all terms and properly document their agreements.
Final Decree Forms
The final decree of divorce officially dissolves the marriage and establishes post-divorce rights and obligations.
Findings of Fact and Conclusions of Law
Before entering the final decree, the court may require findings of fact and conclusions of law, a document laying out the factual basis for the divorce and legal conclusions supporting the court's decisions on custody, support, and property division.
Decree of Divorce
The decree of divorce (also called judgment of divorce or final judgment) is the court order that officially ends the marriage. This document states that the marriage is dissolved effective on the decree date, incorporates the stipulation or court orders regarding child custody and visitation, specifies child support obligations and payment arrangements, details spousal support terms if awarded, divides marital property and debts, orders attorney fees if appropriate, and restores the former or maiden name if requested.
Once the judge signs the decree, the divorce is final, and both parties are legally single.
Where to Find South Dakota Divorce Forms
Several resources provide official South Dakota divorce forms free of charge or for a fee.
South Dakota Unified Judicial System
The South Dakota Unified Judicial System (UJS) provides court forms for individuals who wish to get a divorce by filing on their own. The UJS website offers downloadable PDF forms specifically designed for South Dakota divorces, separate form packets for divorces with children and without children, detailed instructions for completing each form, checklists to ensure you have all required documents, and information about filing procedures and requirements.
These official forms meet all court requirements and are accepted by every circuit court in South Dakota. The forms are free to download and use.
County Clerk of Courts
Forms for filing for divorce are also available from the clerk of courts in the county circuit court where you plan to file your divorce. You can request forms in person at the courthouse, ask questions about which forms you need for your situation, and obtain local forms specific to your county's procedures.
Court clerks can provide forms and answer procedural questions, but they cannot provide legal advice about your specific case or tell you how to complete forms for your situation.
Legal Form Help Line
South Dakota provides a Legal Form Help Line to answer questions about or help people complete UJS forms. This service is available by calling 1-855-784-0004 or submitting questions online through the UJS website.
The help line can explain what each form requires, clarify confusing sections, help troubleshoot common problems, and direct you to additional resources. However, this service cannot provide legal advice about your specific situation.
Online Divorce Services
Several online divorce services provide South Dakota divorce forms for a fee, typically ranging from $100-$400. These services offer form preparation based on your answers to questionnaires, customized documents for your situation, instructions for filing and serving papers, and support throughout the process.
Online divorce services work best for uncontested divorces where spouses agree on all terms. They cost less than hiring an attorney but more than using free court forms.
Divorce Attorneys
If you hire an attorney, they will prepare all necessary South Dakota divorce forms as part of their representation. Attorneys ensure forms are completed correctly, documents meet all legal requirements, paperwork is properly filed and served, and your interests are protected throughout.
While attorney representation costs more than self-representation, it provides expertise and advocacy that many people find valuable, especially in contested or complex divorces.
How to Complete South Dakota Divorce Forms
Properly completing forms requires attention to detail and accuracy.
General Instructions
All forms must be printed single-sided on standard 8.5" x 11" paper, completed in black ink or typed (never use pencil), and signed where indicated with original signatures. Use your current legal name as it appears on official documents, provide complete addresses and contact information, list all minor children if applicable, and answer all questions honestly and completely.
Leave no required fields blank unless truly not applicable. If something doesn't apply to your situation, write "N/A" or "None" rather than leaving it empty.
Getting Help Completing Forms
If you're unsure how to complete forms, several resources can help. The Legal Form Help Line (1-855-784-0004) answers questions about forms, the UJS website instructions guide each form, court clerks can explain procedural requirements, legal aid organizations may assist qualifying low-income individuals, and attorneys can complete all forms as part of representation.
Don't guess on forms if you're unsure; seek assistance to ensure accuracy.
Filing Your Completed Forms
After completing all required South Dakota divorce forms, you must file them with the circuit court.
Where to File
File your divorce forms with the clerk of courts in the circuit court in the county where either you or your spouse resides. If you've separated and live in different counties, you may file in either county.
Filing Fees
When you submit your forms, you must pay the filing fee of approximately $95 (varies slightly by county). If you cannot afford the filing fee, submit a fee waiver application at the same time as your other forms. The judge will review your financial situation and decide whether to waive the fees.
What the Clerk Reviews
The clerk of courts reviews your forms to ensure they're complete, properly formatted, signed where required, and include all required documents. The clerk cannot review for legal sufficiency or accuracy of content; they only check that forms meet basic procedural requirements.
If forms are incomplete or improperly formatted, the clerk will reject them and explain what needs correction. You must fix the problems and resubmit.
Receiving Filed Documents
Once accepted, the clerk will file-stamp your original documents, assign a case number, and return copies to you showing the filing date and case number. Keep these filed copies for your records throughout the divorce process.
The 60-Day Waiting Period
After filing South Dakota divorce forms and completing service on your spouse, South Dakota law requires spouses to wait 60 days before the divorce can be finalized.
Mandatory Waiting Period
South Dakota law requires spouses to wait 60 days from the date of service before the judge can finalize the divorce. This "cooling off" period applies to both contested and uncontested divorces and cannot be waived except in extraordinary circumstances.
The waiting period allows time for reconciliation attempts, settlement negotiations, completion of required mediation, financial disclosure exchanges, and preparation of final forms if not already completed.
Using the Waiting Period Productively
Rather than simply waiting, use the 60 days to complete financial disclosures and exchange information, negotiate settlement terms on contested issues, attend mediation if required for custody disputes, complete parenting education classes if required, prepare final decree and supporting documents, and gather evidence if divorce remains contested.
Productive use of the waiting period helps finalize your divorce promptly once the 60 days expire.
Forms for Specific Situations
Certain circumstances require additional or specialized forms.
Military Divorce Forms
If you or your spouse is in the military, you may need additional forms, including a military affidavit stating military status, forms for dividing military retirement benefits, and documents addressing military-specific benefits.
Military divorces have unique considerations regarding residency, service of process, and benefits division.
High-Asset Divorce Forms
Divorces involving substantial assets may require additional forms, including business valuation reports, real estate appraisals, retirement account division orders (QDROs), complex financial disclosures, and expert witness disclosures.
Modification Forms
After divorce, if circumstances change significantly, you may need to file forms to modify custody, child support, or spousal support, including a motion to modify, an affidavit supporting modification, financial affidavits showing changed circumstances, and proposed modified orders.
Spanish Language Forms
South Dakota provides some divorce forms in Spanish to assist Spanish-speaking residents.
Available Spanish Forms
The UJS website offers select forms translated into Spanish, though not all forms have Spanish versions. Spanish-speaking individuals can access forms for common divorce situations, instructions in Spanish for completing forms, and information about legal rights and procedures.
Getting Help in Spanish
The Legal Form Help Line can assist in Spanish, and some legal aid organizations offer services in Spanish for qualifying individuals.
After Filing
Filing South Dakota divorce forms is just the beginning of the divorce process.
Serving Your Spouse
After filing, you must serve your spouse with copies of the summons and complaint. Service can be accomplished by admission of service (spouse signs acknowledging receipt), personal service (hand delivery by sheriff or process server), service by mail (with admission form), or service by publication (if spouse cannot be located).
Proper service is essential; without it, the court cannot proceed.
Waiting for Response
Your spouse has 30 days from service to file an answer or counterclaim. Their response determines whether your divorce proceeds as uncontested (if they agree) or contested (if they dispute issues).
Completing the Divorce
After the 60-day waiting period and resolution of all issues (either by agreement or court decision), you'll submit final decree forms for the judge's signature. Once signed, the decree is filed with the court, and your divorce is final.
The South Dakota Unified Judicial System provides comprehensive free resources, including all necessary forms, detailed instructions, and support services to help people navigate divorce. While some people successfully handle uncontested divorces themselves using these resources, others benefit from online divorce services or attorney representation, especially when children, substantial assets, or contested issues are involved.
Taking time to gather correct forms, complete them carefully, and file them properly sets the foundation for successfully finalizing your divorce and moving forward with your life.