Nationwide Uncontested Divorce Services
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Uncontested Divorce in South Dakota
Requirements for an Uncontested Divorce in South Dakota
South Dakota allows for uncontested divorces when both spouses agree on all major issues. This is typically filed as a no-fault divorce on the grounds of irreconcilable differences.
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Residency:
The person filing for divorce (the petitioner) must be a resident of South Dakota when the divorce is filed.
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Grounds for Divorce
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The most common no-fault ground is irreconcilable differences, meaning the marriage cannot be repaired.
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This ground allows for an uncontested divorce without proving fault like adultery or abandonment.
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Full Agreement:
To qualify as uncontested, both parties must agree on:
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Division of property and debts
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Spousal support (alimony), if any
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Child custody, parenting time, and child support (if applicable)
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Steps to File for an Uncontested Divorce:
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Prepare the Required Forms
Prepare the Required Forms
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Summons and Complaint for Divorce
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Stipulation and Settlement Agreement
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Affidavit of Plaintiff
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Child Support and Custody Forms (if applicable)
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Decree of Divorce
Forms available here:https://ujs.sd.gov/Legal_Self_Help/divorce.aspx
2. File with the Circuit Court
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File your completed forms in the Circuit Court in the county where either spouse resides.
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Filing Fee: Approximately $95
3. Serve Your Spouse
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If both parties signed a Stipulation and Settlement Agreement, formal service may not be necessary.
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If required, service can be completed via sheriff, process server, or by having your spouse sign an Admission of Service.
4.Wait for the Required Period
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South Dakota has no mandatory waiting period once all paperwork is filed and served in an uncontested case.
5.Submit Final Decree for Judge’s Review
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If all documents are in order, the judge may approve your divorce without a hearing.
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In some cases, a brief court appearance is required.
Cost Considerations
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Filing Fee: $95
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Attorney Flat Fee: $500–$1,000 (optional)
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Online Divorce Services: $150–$300
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Fee Waiver: Yes, through an Affidavit of Indigency
Important Considerations
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With Children:
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You must complete and file a Parenting Plan, Child Support Worksheet, and attend a Parenting Education Class (required in some counties)
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Child support must follow South Dakota guidelines
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Property Division:
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South Dakota is an equitable distribution state—marital assets and debts are divided fairly, not always equally
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Alimony:
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Can be included in your settlement if both parties agree
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Legal Review Recommended:
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Especially if children, property, or retirement benefits are involved
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