South Dakota Divorce Procedures

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A divorce affects a family in many ways- emotionally, financially, socially and psychologically. It brings a lot of changes in the lives of a man, woman and their children. The changes may be positive or negative. It is natural that every separating couple desire for the positive results and try their best to gain so. Life after this process can be a good experience when spouses fight the case in a right and wise manner. Taking some significant tips, knowing the basics of dissolution of marriage, hiring an efficient lawyer, etc. are some of the best ways to gain your rights. When you are in USA, you have to follow the divorce procedures of the state from where you have filed for the case. For example, a couple who is willing to fight their divorce case in South Dakota must undergo South Dakota divorce procedures.

It is really disheartening to know that almost 40-50% marriages in the US end up in divorce. The rates vary for first marriage, second marriage, and third marriage and also for childless marriages. The rate in South Dakota varies from 3.1 to 3.5 per 1000 population.

In South Dakota, a case begins with the filing of the case in the Circuit Court. The divorcing partner who files the action is named as the Plaintiff. The other divorcing partner is known as the Defendant. The action is filed in the Circuit Court that exists in the county of residence. From the filing date of the action, there is a 60 day waiting period on completion of which, a hearing can be held or a divorce can be granted.

Important Forms to initiate South Dakota Divorce Procedure

In order to initiate the divorce procedure, the Plaintiff must complete the some important forms that are mentioned below:

• A Complaint with Children (UJS 312) and a Summons with Children (UJS 311), or
• A Complaint without Children (UJS 310) and a Summons without Children (UJS 309)

As per the law in this state, after the receipt of the Summons and Complaint, the Defendant is allotted 30 days to file an Answer. This period is notified to the Respondent through the Summons. If the Defendant fails to file an Answer, a Default Judgment is executed.

The Complaint mentions the grounds for the dissolution of marriage. If there are fault grounds then the case will be contested. If irreconcilable differences are the grounds, then there is more possibility that the process would be uncontested.

The Defendant possesses the option of signing a Notice and Admission of Service of Summons and Complaint (UJS 315). After the signature is done, this form is forwarded to the Plaintiff. Then the Plaintiff files this form with the Clerk of Courts along with other case papers.

The Defendant has the option not to sign a Notice and Admission of Service of Summons and Complaint. Under such circumstances, the Plaintiff must serve the Complaint and Summons to the Defendant.

As per the laws in this state, the Plaintiff should not serve the divorce papers personally. The service must be generally done by a professional process server or a Sheriff. The individual who completes the service must fill in a notarized Affidavit of Personal Service (UJS 314) and return it to the Plaintiff. If the Plaintiff mails some other documents other than the Complaint and the Summons to the Defendant, then, the Plaintiff must ensure that a notarized Affidavit of Service by Mail (UJS 313) must be completed.

Some other documents to be filed during South Dakota Divorce Procedure are as follows.

• Financial Affidavit (UJS 304): contains detailed information about the debts and property of the divorcing party
• Child Support Filing Data (UJS / DSS 89)
• Civil Case Filing Statement (UJS 232)
• Affidavit of Non-Military Status (UJS 306): This is to be filed by the Plaintiff. This document is used to attest that the Defendant is not serving in the military and is not protected under the terms of the Service members Civil Relief Act.

It may happen that the Defendant does not accept the service or resides outside the state. Then, the Plaintiff must take the permission of the court to publish the notice of the action in the newspaper. In South Dakota, this notice can be published at most 4 times and after that it is considered that the Defendant has been served.

A small research on the South Dakota divorce tips will really prove helpful for the couples seeking divorce. They have to undergo many procedures; so it is better to have a beforehand idea of all these. Then the actual courtroom proceedings will appear much easier to handle.

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