Complaint for Annulment — Forced Consent (No Minor Children) - South Dakota
COMPLAINT FOR ANNULMENT — FORCED CONSENT
Before filing: This complaint is for a marriage entered through force where the injured party seeks annulment and no minor child's custody or support must be addressed. Under SDCL 25-3-5, the injured party must begin the action within four years after marriage, and later free cohabitation with the other party can bar this ground. Confirm the proper circuit court, service method, and local filing requirements.
| Court | Case |
|---|---|
| In the Circuit Court of the [NUMBER] Judicial Circuit, [COUNTY] County, South Dakota | Case No. [________________] |
| [PLAINTIFF FULL NAME], Plaintiff | |
| v. | |
| [DEFENDANT FULL NAME], Defendant |
Plaintiff alleges:
1. Parties and marriage
- Plaintiff is [FULL NAME], residing at [ADDRESS]. Defendant is [FULL NAME], residing at [ADDRESS / LAST KNOWN ADDRESS].
- The parties married on [DATE] in [PLACE]. The marriage record is [ATTACHED AS EXHIBIT A / AVAILABLE FOR THE COURT].
- This action is filed in [COUNTY] County because [STATE THE FACTS SUPPORTING VENUE].
- No minor child of the parties requires a custody or support order in this action. A related pending action is [COURT, CASE NUMBER, AND STATUS / NONE].
2. Forced consent and timing
- At the time of the marriage, Plaintiff's consent was obtained by force. The coercive acts were [DESCRIBE WHO DID WHAT, WHEN, WHERE, AND HOW THE ACTS PREVENTED FREE CONSENT].
- The force ended on [DATE]. After the marriage, Plaintiff [DID NOT FREELY COHABIT WITH DEFENDANT / DESCRIBE ANY COHABITATION AND WHY IT WAS NOT FREE].
- Plaintiff was the party injured by the forced consent. The marriage occurred on [DATE] and this action is filed on [DATE], within four years after the marriage as required by SDCL 25-3-5.
3. Requested decree
- Plaintiff requests a decree of nullity under SDCL 25-3-5 based on the facts proved.
- Plaintiff requests this additional relief only if supported by facts and law: [SPECIFY / NONE].
Respectfully submitted,
Signature: ________________________________
Printed name: [________________________________]
Address for notice: [________________________________]
Telephone: [________________________________]
Email: [________________________________]
Attorney bar number, if represented: [________________]
Date: [__/__/____]
Evidence to present: [IDENTIFY WITNESSES, COMMUNICATIONS, AND RECORDS THAT SUPPORT THE FORCED-CONSENT FACTS].
About this template
- Last updated
- October 15, 2026
- Citations checked
- October 15, 2026
- Jurisdiction
- South Dakota
- Category
- Family Law
Legal authority
- SDCL 25-3-5
- SDCL 25-1-39
Family law covers the paperwork that shapes divorce, custody, child support, adoption, guardianship, and other family matters. These filings are emotional and high-stakes, and they also have to meet strict procedural rules for service, financial disclosure, and parenting plans. Clean, accurate paperwork keeps the focus on getting a workable outcome for the family instead of getting derailed by technical problems that delay hearings or force amended filings.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
A reviewer verified this template's legal citations against the official source on October 15, 2026.
SDCL 25-3-5 (checked October 15, 2026): "A marriage may be annulled by an action in the circuit court to obtain a decree of nullity if, at the time of the marriage, the consent of either party was obtained by force, unless such party afterwards freely cohabitated with the other as husband or wife. An action to obtain a decree of nullity of marriage for causes mentioned in this section must be commenced by the injured party, within four years after the marriage."
SDCL 25-1-39 (checked October 15, 2026): "If either party to a marriage be incapable from physical causes of entering into the marriage state or if the consent of either be obtained by fraud or force, the marriage is voidable."
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