SOUTH DAKOTA DIVORCE PAPERS WITH EXPLANATIONS

The documents listed below are the primary documents for a South Dakota uncontested divorce. You will notice that some of the documents apply with children. If you do not have minor children, these documents are typically not required.

Understanding the South Dakota Divorce Papers:

• Affidavit of Plaintiff and Defendant as to Jurisdiction and Grounds for Divorce: This notarized affidavit establishes the residency of the plaintiff and gives the grounds as "the irremediable breakdown" of the marriage and states the parties "consent to the Court's entry of a Decree of Divorce to both parties on the grounds of irreconcilable difference."
• Summons: USJ-311 (with Children) or USJ-309 (without Children): The summons gives the defendant 30 days to file an answer or face a default judgment within 60 days in favor the plaintiff. The summons imposes a temporary restraining order against the dissipation of marital assets, restrains the parties "from molesting or disturbing the peace" of each other, and in the case of children, enjoins either of the parties from improperly removing children from the state.
• Complaint for Divorce (with Children USJ 312) or USJ-310 (without children): The complaint tells the defendant that the plaintiff wants dissolution because the marriage has broken down.
• Verification: The verification certifies the accuracy and truth of the complaint.
• Marital Settlement Agreement: This agreement entered into between a husband and a wife establishes the terms and conditions of their divorce and resolving such matters as property division as well as custody, visitation and child support, if applicable.
• Schedule for Visitation of Minor Children: This schedule shows the visitation and parenting time routine for the noncustodial parent.
• Affidavit of Proof for Stipulated Judgment: This affidavit recapitulates the fact and circumstances necessary for the court to hand down a stipulated judgment. This form states under oath that both parties agree with the Settlement Agreement and Stipulation of Agreement. This form must be signed in front of a Notary Public.
• Financial Affidavit (Plaintiff): UJS 304. The plaintiff must complete a Financial Affidavit, which must be notarized. The Financial Affidavit, a two-page form, provides the court with detailed information about his or her property and debts. If applicable, the Financial Affidavit is also filed with a Child Support Filing Data form, UJS/DSS 89.
• Financial Affidavit (Defendant): UJS 304. The defendant must complete a Financial Affidavit, which must be notarized. The Financial Affidavit, a two-page form, provides the court with detailed information about his or her property and debts. If applicable, the Financial Affidavit is also filed with a Child Support Filing Data form, UJS/DSS 89.
• Answer to Complaint for Divorce: UJS-316. An Answer is a written response to the Complaint completed by the Defendant to protect his or her rights. The defendant must file the answer with the Clerk of Courts and serve it on the Plaintiff within 30 days after receiving the summons and complaint. If an answer is not filed, the court may grant the plaintiff everything requested in the Complaint by entering a default judgment in favor of the plaintiff and with it a decree of divorce.
• Affidavit Regarding the Children: When child custody may be an issue, the petitioner must file an Affidavit as to Status of Minor Child, which documents the residential history of the child(ren) of the marriage.
• Child Support Worksheet: The support worksheet - either the Shared Parenting Child Support Obligation Worksheet or the Split Custody Child Support Obligation Worksheet - is used when each parent provides a suitable home for the child and the court order allows the child to spend at least 180 nights per calendar year in each home; the later gives the basic support obligation for child support. Deviations (for child care, visitation, or other factors) the court may allow are not included in the calculations of the basic child support obligation on this worksheet
• Child Support Schedule: The support obligation schedule establishes child support subject to such revisions or deviations permitted by this chapter. With exceptions, the combined monthly net incomes of both parents determine the obligation that is divided proportionately between the parents based upon their respective net incomes. The noncustodial parent's proportionate share establishes the amount of the child support obligation.
• Notice of Final Hearing: This notice alerts the defendant to the final divorce hearing. Includes the date, time and location.
• Final Decree of Divorce: This is a court order ending the marriage.
• Notice of Entry of Judgment and Decree: The Notice of Entry, usually prepared by the Plaintiff, informs the defendant that the court has entered a Judgment and Decree of Divorce.
• Affidavit of Service: An Affidavit of Service attests to the mailing of the Notice of Service.