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South Dakota Divorce Forms
This is a list of the most commonly filed divorce forms for the state of South Dakota. Following the list is a brief summary of each form and its purpose. This list of forms is not exhaustive and not all forms listed are required for every divorce. Due to unique case situations and special divorce filing procedures in South Dakota, certain forms may or may not be required by the South Dakota courts.
UJS 304 - Financial Affidavit
Each spouse must complete a Financial Affidavit, which must be notarized. The Financial Affidavit, a two-page form, provides the court with detailed information about the party's property and debts. If applicable, the Financial Affidavit is also filed with a Child Support Filing Data form, UJS/DSS 89.
UJS 305 - Affidavit of Indigency
The Affidavit of Indigency, which must be signed by the Plaintiff in the presence of a notary or court clerk, profiles the finances of a Plaintiff who claims he or she cannot afford the filing and service of process fees associated with the action. If approved, the court issues an Order Waiving Filing Fee and Service of Process Fee.
UJS 306 - Affidavit of Defendant's Non-Military Status
The Affidavit of Defendant's Non-Military Status, filed by the Plaintiff and signed in the presence of a notary or the clerk of courts, attests to the fact that the Defendant is not a member of the military and enjoys no protection from litigation under the terms of the Servicemembers' Civil Relief Act.
UJS 232 - Civil Case Filing Statement (2-party case)
The Civil Case Filing Statement, which each party files separately, identifies the parties and lists their addresses, attorneys, employers, Social Security numbers.
UJS/DSS 089 - Child Support Order Filing Data Form
The Child Support Order Filing Data Form, which is confidential, states information about the parents and minor children for the South Dakota Central Case Registry and the Central Payment Center.
Summons and Complaint
Depending on the situation, the Plaintiff files a UJS 309 - Summons without Children and UJS 310 - Complaint without Children, or a UJS 311 - Summons with Children and UJS 312 - Complaint with Children. In either case, the Summons informs the Defendant that he or she has 30 days after its receipt to answer the Complaint and that failure to do so may result in a default judgment against him or her. The Summons also 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.
UJS 313 - Affidavit of Service by Mail
The Affidavit of Service by Mail, which must be signed in the presence of a notary or the clerk of courts, attests to the fact case papers pertinent to the action were properly mailed to the Defendant. Other than the Summons and the Complaint, any case papers may be mailed to the Defendant, after which the Plaintiff must complete an Affidavit of Service by Mail, which become part of the divorce papers.
UJS 314 - Affidavit of Personal Service
The Affidavit of Personal Service, signed in the presence of a notary or court clerk, attests to the fact that the Defendant was properly served the Summons and Complaint. Service of process is often accomplished by the sheriff or professional process server, who competes a notarized Affidavit of Personal Service, which is returned to the Plaintiff and becomes part of the case papers.
UJS 315 - Notice and Admission of Service of Summons and Complaint
The Notice and Admission of Service of Summons and Complaint, signed by the Plaintiff, gives the Defendant 20 days to file an Admission of Service after receipt of the Notice. By signing the Admission, the Defendant waives formal service of the Summons and Complaint. Signing the Admission is not an admission or denial of any allegation in the Complaint.
Answer or Answer and Counterclaim
The Answer or Answer and Counterclaim, signed and verified by the Defendent in the presence of a notary or the clerk of courts, must be served on the Plaintiff within 30 days of the service of the Summons and Complaint. Depending on his or her situation, a Defendant may file a UJS 316 - Answer and Counterclaim without Children, or a UJS 317 - Answer and Counterclaim with Children, or a UJS 318 - Answer with or without Children. In a USJ 316, 317 or 318, the Defendant may agree, disagree, partially agree or disagree and claim insufficient information about any of the allegations in the Complaint. Forms UJS 316 and Forms UJS 317, used by a Defendant without or with children, respectively, permits him or her to make counterclaims about the action. Failure to file an Answer results in a default against the Defendant.
UJS 319 - Affidavit to Jurisdiction and Grounds
The Affidavit to Jurisdiction and Grounds, jointly signed in the presence of a notary or court clerk by both the husband and wife, establishes that the Plaintiff is a resident of South Dakota and that the marriage is ending on grounds of irreconcilable differences.
UJS 320 - Affidavit of Default
An Affidavit of Default, signed in the presence of a notary or court clerk, is filed 60 days after the delivery of the Summons and Complaint without response by the Defendant, who is mailed a copy of the Affidavit of Default as well as a Notice of Intent to Take Default Judgment, UJS 321. The Notice of Intent to Take Default Judgment puts the Defendant on notice that the court action will proceed without him or her. If this happens, the court hands down a Decree of Divorce, form UJS 322.
UJS 322 - Decree of Divorce (Default)
The Decree of Divorce (Default) in favor of the Plaintiff is issued after the Defendant has failed to respond to the divorce papers and has been properly notified of the pending decree by a Notice of Intent to Take Default Judgment.
The Stipulation and Settlement Agreement (Without Children), form 324, or the Stipulation and Settlement Agreement (With Children), form 325, spells out the terms and conditions of the division and distribution of property and spousal support, if any, and, if applicable, child support.
UJS 326 - Decree of Divorce (Stipulation and Agreement)
The Decree of Divorce (Stipulation and Agreement) incorporates the Stipulation and Settlement Agreement into the judgment and Decree of Divorce when the divorcing couple desire to have the court incorporate one in the other. The Judgment and Decree of Divorce (Stipulation and Agreement) are signed by the judge.
UJS 327 - Notice of Entry
The Notice of Entry, usually prepared by the Plaintiff, informs the Defendant that the court has entered a Judgment and Decree of Divorce. It is completed with an Affidavit of Service attesting to its mailing.
UJS 328 - Dismissal
The Dismissal, singed by both parties and witnessed, dismisses the action in the event that the parties mutually decide against the action.
The determination of child custody in South Dakota is based on the best interests of the child. If the child is old enough to form an intelligent preference, the court may consider it in determining custody. There is no preference towards either gender in determining custody. Unless it relates to the fitness as a parent, such as domestic abuse, or assault, or a conviction, excluding vehicular homicide, of a parent for the death of the other parent, fault is not considered relevant.
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