Uncontested Divorce Petition Packet - South Dakota

SOUTH DAKOTA UNCONTESTED (NO-FAULT) DIVORCE — FILING PACKET

PART 1 — PRE-FILING RESIDENCY, GROUNDS & WAITING-PERIOD CHECKLIST

☐ The Plaintiff is a resident of South Dakota (or a member of the armed services stationed in South Dakota) at the time the action is commenced. South Dakota imposes no minimum residency duration — a person may establish residency in good faith and file. (S.D.C.L. § 25-4-30)
☐ Grounds for divorce exist: irreconcilable differences — "those grounds which are determined by the court to be substantial reasons for not continuing the marriage and which make it appear that the marriage should be dissolved." (S.D.C.L. §§ 25-4-2(7), 25-4-17.1)
☐ BOTH PARTIES CONSENT to the divorce on the ground of irreconcilable differences, unless the other party has not made a general appearance. The court may not enter judgment on this ground without that consent. (S.D.C.L. § 25-4-17.2)
☐ The parties agree on all issues (property division, debts, alimony, and — if minor children — custody, visitation, and child support); otherwise the case is contested.
☐ Plaintiff understands the mandatory 60-day waiting period — the action shall not be heard, tried, or determined until at least 60 days have elapsed from completed service. (S.D.C.L. § 25-4-34)
☐ If there are minor children, the parties have completed any required parenting course.
☐ The case will be filed in the Circuit Court for the county where either spouse resides. (S.D.C.L. § 25-4-30.1)

Filing-fee estimate: approximately $95–$120 (commonly ~$97). Fee waivers (in forma pauperis) are available for financial hardship.

PART 2 — COURT CAPTION (used on all pleadings)

STATE OF SOUTH DAKOTA — IN CIRCUIT COURT
COUNTY OF [____________________] — [____________________] JUDICIAL CIRCUIT

Case No.: [________________]

PART 3 — COMPLAINT FOR DIVORCE (Irreconcilable Differences)

Plaintiff, for the Complaint against Defendant, alleges:

1. Residence and Jurisdiction (S.D.C.L. § 25-4-30)

Plaintiff is a resident of the State of South Dakota (or a member of the armed services stationed in South Dakota) and was a resident at the time this action was commenced. Plaintiff resides at [________________________________] in [____________________] County, South Dakota.

2. Marriage

The parties were married on [__/__/____] at [____________________], [State], and ever since have been husband and wife. The parties separated on [__/__/____].

3. Minor Children

☐ There are no minor children born of or adopted during this marriage, and the wife is not now pregnant.
☐ The following minor child(ren) were born of or adopted during this marriage:

☐ The wife ☐ is ☐ is not currently pregnant.

4. Grounds (S.D.C.L. §§ 25-4-2(7), 25-4-17.1)

Irreconcilable differences have arisen between the parties which constitute substantial reasons for not continuing the marriage and which make it appear that the marriage should be dissolved. Both parties consent to the dissolution of the marriage on this ground (S.D.C.L. § 25-4-17.2).

5. Property and Debts (S.D.C.L. § 25-4-44)

☐ The parties have no real or personal property or debts subject to division.
☐ The parties have agreed in writing to divide all marital property and debts as set forth in the attached Marital Settlement Agreement.
☐ The court is requested to make an equitable division of the property and debts described in the attached schedule.

6. Spousal Support (S.D.C.L. § 25-4-41)

☐ Neither party requests spousal support.
☐ Spousal support is requested as set forth in the Marital Settlement Agreement.
☐ Spousal support is reserved.

7. Children — Custody, Visitation, and Support (if minor children)

• Legal/physical custody: ☐ Plaintiff ☐ Defendant ☐ Joint, as set forth in the Parenting Plan
• Visitation: as set forth in the attached Parenting Plan
• Child support: per the South Dakota Child Support Obligation Schedule (S.D.C.L. § 25-7-6.1 et seq.)

8. Relief Requested

WHEREFORE, Plaintiff requests that the Court:
a. Grant a divorce dissolving the marriage and restoring the parties to the status of unmarried persons;
b. Make an equitable division of the marital property and debts (or approve the Marital Settlement Agreement);
c. Establish custody, visitation, and child support if there are minor children;
d. Address spousal support as set forth above;
e. Restore Plaintiff's former name: [________________________________];
f. Grant such other relief as the Court deems just and equitable.

Dated: [__/__/____]

Plaintiff's Signature: [________________________________]

PART 4 — VERIFICATION

State of South Dakota, County of [____________________]

I, [PLAINTIFF NAME], being first duly sworn, state that I am the Plaintiff in this action, that I have read the foregoing Complaint, and that the matters stated are true to the best of my knowledge, information, and belief.

Plaintiff's Signature: [________________________________]

Subscribed and sworn to before me on [__/__/____].

Notary Public: [________________________________] My commission expires: [__/__/____]

PART 5 — SUMMONS

TO THE ABOVE-NAMED DEFENDANT:

You are summoned and required to serve upon the Plaintiff an Answer to the attached Complaint within thirty (30) days after service of this Summons upon you, exclusive of the day of service. If you fail to do so, judgment by default may be taken against you for the relief demanded in the Complaint.

Dated: [__/__/____] Plaintiff / Attorney: [________________________________]

PART 6 — ADMISSION OF SERVICE, APPEARANCE & CONSENT (Uncontested Path)

Because a divorce on irreconcilable differences requires the consent of both parties (S.D.C.L. § 25-4-17.2), the Defendant should sign an admission/appearance and consent.

ADMISSION OF SERVICE, ENTRY OF APPEARANCE, AND CONSENT

I, [DEFENDANT FULL NAME], acknowledge that I received a copy of the Summons and Complaint for Divorce in this action on [__/__/____].

☐ I admit service and waive further service of process.
☐ I enter my appearance in this action.
☐ I consent to the dissolution of the marriage on the ground of irreconcilable differences (S.D.C.L. § 25-4-17.2).
☐ I consent to the entry of judgment on the terms set forth in the Marital Settlement Agreement and Parenting Plan (if any).

Defendant's Signature: [________________________________] Date: [__/__/____]

PART 7 — FINANCIAL DISCLOSURE

Each party should complete a financial affidavit/disclosure of income, assets, debts, and expenses, especially where alimony or child support is at issue.

PART 8 — MARITAL SETTLEMENT AGREEMENT (MSA)

MARITAL SETTLEMENT AGREEMENT

This Agreement is made on [__/__/____] between [PLAINTIFF NAME] ("Plaintiff") and [DEFENDANT NAME] ("Defendant").

Recitals

1. The parties were married on [__/__/____] and separated on [__/__/____].
2. There ☐ are ☐ are no minor children of the marriage.
3. The parties consent to dissolution on the ground of irreconcilable differences and desire to settle all issues.
4. Each party has made full financial disclosure and has had the opportunity to consult independent counsel.

Article 1 — Division of Property (S.D.C.L. § 25-4-44)

To Plaintiff: [____________________________________________________________]
To Defendant: [____________________________________________________________]

Article 2 — Debts

Plaintiff shall assume and hold Defendant harmless from: [________________________________]
Defendant shall assume and hold Plaintiff harmless from: [________________________________]

Article 3 — Real Property

☐ The parties own no real property.
☐ The real property at [________________________________] shall be: ☐ awarded to Plaintiff ☐ awarded to Defendant ☐ sold and net proceeds divided [____]% / [____]%.

Article 4 — Retirement Accounts

☐ Each party retains his/her own retirement accounts.
☐ The [________________] account shall be divided by Qualified Domestic Relations Order (QDRO) [____]% / [____]%.

Article 5 — Spousal Support (S.D.C.L. § 25-4-41)

☐ Both parties waive spousal support.
☐ [Plaintiff/Defendant] shall pay $[__________]/month for [____] months, terminating [__/__/____].
☐ Spousal support is reserved.

Article 6 — Name Restoration

☐ Plaintiff's former name [________________________________] is restored.

Article 7 — Incorporation

This Agreement shall be incorporated into the Decree of Divorce and is a binding contract.

Plaintiff: [________________________________] Date: [__/__/____]
Defendant: [________________________________] Date: [__/__/____]

PART 9 — PARENTING PLAN & CHILD SUPPORT (if minor children)

A. Parenting Plan

• Legal custody (decision-making): ☐ Joint ☐ Plaintiff ☐ Defendant
• Primary physical custody: ☐ Plaintiff ☐ Defendant ☐ Shared
• Regular schedule: [____________________________________________________________]
• Holidays, school breaks, summer: [____________________________________________________________]
• ☐ Shared-parenting-time worksheet applies (180 or more overnights with the noncustodial parent).
• Transportation/exchange: [____________________________________________________________]

B. Child Support (S.D.C.L. § 25-7-6.1 et seq. — income shares)

• Combined monthly net income: $[__________]
• Obligor: ☐ Plaintiff ☐ Defendant
• Guideline obligation: $[__________] per month
• ☐ Conforms to the Obligation Schedule ☐ Deviation requested; reason: [________________________________]
• Health insurance for child(ren) provided by: ☐ Plaintiff ☐ Defendant
• Child-care and unreimbursed medical shared: [____]% Plaintiff / [____]% Defendant

☐ A completed Child Support Obligation Worksheet is attached.

PART 10 — DECREE OF DIVORCE (Proposed)

[Caption as in Part 2]

This matter came before the Court on the verified Complaint of Plaintiff and the consent of both parties. At least 60 days have elapsed from completed service as required by S.D.C.L. § 25-4-34. The Court FINDS:

1. The Court has jurisdiction; Plaintiff satisfies the residency requirement of S.D.C.L. § 25-4-30.
2. Irreconcilable differences exist that have caused the irremediable breakdown of the marriage, and both parties consent to dissolution on this ground (S.D.C.L. §§ 25-4-17.1, 25-4-17.2).
3. The Marital Settlement Agreement is fair and equitable and is approved.

IT IS ORDERED, ADJUDGED, AND DECREED:

1. Divorce Granted. The marriage is dissolved and the parties are restored to the status of unmarried persons.
2. Property and Debts. Divided per the Marital Settlement Agreement, incorporated by reference.
3. Spousal Support. ☐ Waived ☐ As set forth in the MSA ☐ Reserved.
4. Custody and Visitation. As set forth in the Parenting Plan.
5. Child Support. $[__________] per month, conforming to S.D.C.L. ch. 25-7, payable through the Department of Social Services.
6. Name Restoration. ☐ Plaintiff's former name [________________________________] is restored.
7. Other: [________________________________]

Dated: [__/__/____] Circuit Judge: [________________________________]

PART 11 — FILING CHECKLIST & PROCEDURE

1. Confirm residency — Plaintiff is a South Dakota resident at commencement (§ 25-4-30).
2. Prepare the package: Summons, Complaint (verified), and — if children — a Parenting Plan and Child Support Obligation Worksheet; financial disclosures. UJS Guide & File generates the required forms.
3. File with the Circuit Court Clerk in the proper county (§ 25-4-30.1); pay ~$97 (or move to proceed in forma pauperis).
4. Serve the Defendant, or obtain a signed Admission of Service, Appearance, and Consent (Part 6). The 60-day clock (§ 25-4-34) runs from completed service.
5. Obtain consent — confirm the Defendant's written consent to irreconcilable-differences grounds (§ 25-4-17.2), or proceed by default only if the Defendant has not made a general appearance.
6. Wait 60 days (§ 25-4-34) before the court may hear and grant the divorce. Complete any parenting course.
7. Submit the proposed Decree with the MSA, Parenting Plan, and child-support worksheet.
8. Court enters the Decree. Obtain certified copies.
9. Post-judgment: record deeds, process QDROs, update beneficiaries, change name with SSA/DMV, set up child-support withholding.

SOURCES AND REFERENCES

• South Dakota Codified Laws Chapter 25-4 (Divorce and Separate Maintenance) — https://sdlegislature.gov/Statutes/25-4
• S.D.C.L. §§ 25-4-2, 25-4-17.1, 25-4-17.2, 25-4-30, 25-4-30.1, 25-4-34, 25-4-41, 25-4-44
• South Dakota Codified Laws Chapter 25-7 (Child Support; Obligation Schedule § 25-7-6.1 et seq.)
• South Dakota Unified Judicial System — Self-Help / Guide & File (Divorce) — https://ujs.sd.gov

Disclaimer: This template is for general informational purposes only, is not legal advice, and does not create an attorney-client relationship. Use the current official South Dakota UJS forms. Consult a licensed South Dakota attorney for case-specific guidance.