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The plaintiff files in the Circuit Court in the county where either spouse resides, and as long as the defendant files an answer within 30 days of service and both spouses file a Stipulation and Settlement Agreement, no hearing will be required to finalize the divorce. The Stipulation and Settlement Agreement states that the spouses have signed the Affidavit of Plaintiff and Defendant as to Jurisdiction and Grounds for Divorce, so there is no need for a court hearing. However, if defendant's Answer is not filed within 30 days after service, then plaintiff should expect to attend a divorce hearing before the divorce can be finalized. Learn more about attending a South Dakota divorce hearing.
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