SOUTH DAKOTA DIVORCE MADE EASY. DOCUMENTS DONE RIGHT!
SOUTH DAKOTA 3STEPDIVORCE TM - KEEPING YOUR UNCONTESTED DIVORCE SIMPLE
|This easy to use online divorce is a "do it yourself (without a lawyer)" solution for any uncontested divorce (with or without children) that will be filed in the state of South Dakota. An uncontested divorce is one in which you and your spouse are in agreement and eliminates the stress and expense of settling your divorce in court.
With 3StepDivorce TM you can complete and print your South Dakota divorce forms (including a marital settlement agreement) instantly. We've created a helpful, step-by-step filing procedures to file your own divorce in South Dakota in a timely, professional, and hassle free fashion. The online software is designed to give you full control of your divorce and also avoids the use of third party data entry, thus helping protect your personal information and privacy.
Frequently asked questions
We provide unlimited support for all of our customers during their divorce in SD. We take great pride in being able to respond to our customers in a "human" to "human" approach (as you can see, we do not hide our toll free number (888) 665-6782). We understand the need a customer may have to talk to a person rather than the typical automated voice or e-mail support system. Please keep in mind that we are not lawyers and we do not give out legal advice. If you need legal advice regarding your uncontested divorce in South Dakota, we recommend that you contact a lawyer in your area.
In almost all cases, you file for a divorce in the state where you reside. This means that if you are a resident of South Dakota, you file in South Dakota and are governed by South Dakota's divorce laws even if you were married, for example, in California.
You must meet South Dakota's residency requirement for a South Dakota court to have jurisdiction over your divorce.
We follow standard procedures for uncontested, DIY divorces based on the local process. Our service requires both parties to be cooperative and in full agreement. Therefore, our services use no-fault grounds (for example, "irreconcilable differences") and each party will waive certain procedural rights.
We cannot accommodate cases that involve: existing cases or support orders; domestic violence; restraining orders; contested issues; missing spouses; protected addresses; common law marriages; dissolution of registered domestic partnerships; pregnancy; temporary or retroactive support orders; lack of jurisdiction over the children under the UCCJEA; exclusive jurisdiction over the case by another court; third-party child custody or support; or children who are emancipated or otherwise not dependent on the parties. Some cases may require additional forms or filing requirements that are not provided by our service, including but not limited to cases involving: filing fee waivers; change in address; recipients of public assistance; division or transfers of retirement accounts; and multiple visitation plans.
It sure does. The South Dakota 3StepDivorce™ allows you to address all issues regarding children, including but not limited to, physical and legal custody, visitation and support, care, health insurance and tax deductions.
Thousands of people divorce in South Dakota every year without hiring a lawyer.
When spouses cannot agree about the terms and conditions of their divorce, they sometimes end up in court where a judge makes decisions for them. This is called a contested divorce, and hiring a lawyer is a good idea in this case.
When a South Dakota divorce case is uncontested and both parties are willing to sign, (when you and you spouse agree about everything) filing your own divorce is a common choice in order to cut down legal expenses.
The residency requirements for a divorce in South Dakota are as follows:
The Plaintiff must be resident of South Dakota at the time of the filing and remain a resident until the divorce is final. This requirement applies to members of the armed forces stationed in South Dakota. The divorce may be filed in the county where either spouse resides, but the Defendant has the right to have it transferred to his or her county of residence. A 60-day waiting period must elapse between the filing and the granting of the divorce.
Yes. The divorce paperwork requires a signed authentication that you have been a bona fide resident of South Dakota.
This is a state law.
Signing false statements is perjury.
If the court requires proof for some reason, typically a South Dakota driver's license or state identification is sufficient. An affidavit of a corroborating witness testifying about your residency also works.
Your spouse does not need to live in South Dakota to use 3StepDivorce™. After you have printed all the divorce paperwork, you simply mail the documents to your spouse and he or she signs them. After your spouse returns them, you file in your local county court.
Very often divorcing spouses live in different states.
The grounds for divorce in South Dakota are as follows:
No Fault: Irreconcilable differences.
Faulty: 1) adultery, 2) extreme cruelty, 3) willful desertion, 4) willful neglect, 5) habitual intemperance, 6) conviction of felony.
Once the divorce paperwork has been filed in court, it takes at least 60 days for a divorce to be final. The start to finish time of the divorce may vary depending on the caseload of the court and the availability of judges to sign the final Decree of Divorce.
3StepDivorce™ saves time because all lengthy delivery times are eliminated when you print your documents from your computer. You control revisions and reprintings as necessary.
In South Dakota, a divorce hearing is not typically required as long as the proper pares are filed on time. If there are children involved, a short hearing may be required, generally about 15 minutes, gives the court an opportunity to make certain that you understand the parameters of custody, visitation and support that are ordered as part of your divorce.
If there are no children, the process in very streamlined. Since you and your spouse are in agreement, there is nothing for the court to decide.
There is no mandatory waiting period is South Dakota.
Yes. 3StepDivorce™ includes a protocol for the wife to take back her former or birth name as part of the filing. It is easier to effect a name change during the divorce rather than after the divorce is finalized.
Separate and marital property and debt is identified and addressed in your 3StepDivorce™ account. A series of questions itemizes property and debt, dividing and allocating both according to what you and your spouse have agreed to. The answers become part of the divorce documents, so it is clear to you, your spouse and the court how assets and liabilities have been divided.
Yes. You answer a few questions dealing with individual retirement accounts. You have the option of waiving rights to each other's account(s), or dividing any marital portion of an account by a specific percentage or a dollar amount.
Once again, a few questions inside your account deal with the disposition of the marital home. All possible scenarios are covered -- sale, planned sale, transfer from one spouse to the other, and co-ownership.
A few questions in your account deal with temporary or permanent spousal support. Rights to spousal support may be waived, or a couple can agree to a specific amount for a set period of time. These questions define and limit the parameters of the desired spousal support, which often terminates upon remarriage or cohabitation.
South Dakota requires that a support order be put in place for all minor children.
3StepDivorce™ provides the South Dakota Child Support Guideline Worksheet, so you can easily calculate the state's recommendation for monthly support, but you have the option of taking these recommendations under advisement. The courts realize that you and your spouse know your situation better than they do, so they may approve any reasonable support amount, even if it is different from the one on the state worksheet.
We provide South Dakota Child Support Worksheets inside your account. These worksheets make it very easy to calculate a monthly support amount. The support calculation is based on a number of variables, but the primary one is income.
Once you have calculated the amount, you and your spouse decide if you want to deviate from it and the reasons for doing so.
Yes. Once you and your spouse agree to a monthly child support amount, a judge reviews your decision. He or she will accept it if it seems reasonable. However, if it seems too high or too low, the judge will want an explanation why the two of you came to amount so much at variance from the state guidelines. Your explanation and reasons for it determine whether or not the judge accepts your proposed child support amount.
South Dakota, which bases its child support on the Income Shares Model, permits deviation from this regime when the child's needs are not being met through the income of the parents. Savings, life insurance, as well as the parents ability to borrow, may be used to determine the financial ability of the parents to pay.
The court may enter an order allocating the reasonable child care expenses for the child, which are those due to the employment of either parent, job search of either parent or job training necessary to find a job or enhance earning potential. The court may consider whether the Federal Childcare Tax Credit is available as a benefit to the custodial parent.
Yes. Child support can be modified based on a change in circumstances. In South Dakota, a change in circumstances means "a significant change in circumstances," generally, changes "not considered when the original judgment was entered" that are "permanent and substantial" and/or "affect one's current standard of living."
Yes. Child custody arrangements can be modified when, for example, they break down because of the conduct of one of the former spouses.
Yes. The terms and conditions of both sole and joint/shared custody are defined by you and your spouse.
Yes. You can either use a standard schedule that we provide in your account, or you can use our option to customize your own.
You answer a few questions and your custody arrangements are prepared for you.
Yes. Some of the divorce papers need to be notarized. The step-by-step filing instructions explain who signs what and whether a particular document needs to be notarized. The documents requiring notarization contain notary clauses below individual signature lines.
No. If desired, each of you may sign and/or notarize a document at a different time and/or place.
As mentioned, very frequently spouses sign and notarize the documents at different times and places because they live apart in different states. This happens often, for example, when one of them has moved or is in the military.
In South Dakota, the divorce papers are filed in the County of __________, in the Circuit Court ___________ Judicial District, which is the local county courthouse, where the Domestic Relations or Family Law department accepts the divorce filing. The divorce documents are submitted to the Clerk of the Courts. You pay a filing fee, and the clerk assigns the case a case number.
In South Dakota, the fees vary by county. If you want to know the exact amount, you can call the courthouse and ask.
Filing fees underwrite the cost of the court system, but in the case of indigent petitioners these fees may be waived.
Normally, an indigent petitioner completes a very short form at the time of filing. This form asks the court to waive the fees because of financial hardship.
Yes. If you have signed up but not filed any divorce papers, then nothing must be done. If you have initiated the action by filing the Complaint for Divorce, your case can be dismissed by petitioning the court to do so. Normally, this can only be done by the filing spouse and must be done in writing. He or she must file a Dismissal.
Often the clerk of the court can help a person remove a case from the court docket.
The South Dakota 3StepDivorce™ includes the following documents:
- South Dakota Filing Instructions
- Affidavit of Plaintiff and Defendant as to Jurisdiction and Grounds fro Divorce
- Complaint for Divorce
- Marital Settlement Agreement
- Schedule for Visitation/Parenting Time of Minor Children
- Affidavit of Proof for Stipulated Judgment
- Financial Affidavit (Plaintiff)
- Financial Affidavit (Defendant)
- Answer to Complaint for Divorce
- Affidavit Regarding the Children
- Child Support Worksheet
- Child Support Schedule
- Notice of Final Hearing
- Final Decree of Divorce
- Notice of Entry of Judgment and Decree
- Affidavit of Service