South Dakota Divorce Forms


File Your Own Divorce in South Dakota: Free Downloadable Divorce Forms

Sadly, over 50% of marriages fail. To add insult to injury, divorce proceedings can take years and cost thousands of dollars in legal fees. However, it is possible to file your own divorce in South Dakota for no more than the state divorce form filing fees. This page provides all of the forms you need to initiate your do-it-yourself divorce in South Dakota.


How to file for Divorce in South Dakota:

Note: At the top of EACH form is detailed instructions on completing the form. Remember to read the instructions BEFORE filling out the form. File a Complaint with Minor Children or a Complaint without Minor Children along with sending a Summons form to your spouse so that they can fill it out and turn it into the Court. Your spouse then must file an Answer quickly (within 30 days after receiving the form). If not answered quickly enough you must file an Affidavit of Military Status to let the Court know if Military duty was the reason or not for the lack of response. If not then the Divorce can enter into Default. If the Divorce is not entering Default, both you and your spouse must file a Written Civil Case Filing Statement. You then must also file a Financial Affidavit with your spouse. When agreements have been made with property and assets you can then file a Stipulation and Settlement Agreement (with Minor Children) or Stipulation and Settlement Agreement (without Minor Children). If you cannot reach an agreement then you must solve these issues in Court. If an agreement was reached you can have a JUDGE file a Judgment and Decree of Divorce (Stipulation and Agreement (with Children)) or Judgment and Decree of Divorce (Stipulation and Agreement (without Children)) to officially terminate the marriage. Remember only a judge can officially terminate your marriage.


South Dakota Divorce Forms


In South Dakota, Divorces are handled by the The Judicial Branch of South Dakota. It is quite possible to avoid lawyers' fees by filing for your own divorce in South Dakota. You can download 14 of the forms you need to petition for divorce here - see the "who must file" section to determine which forms are relevant in your situation.

Form Used For:
Divorce Filing
Form Name:
Complaint with Minor Children
Who Must File:
All individuals filing for divorce who have children under age 18.

This is the form necessary to file for Divorce if you have children under 18 years of age.

Form Used For:
Divorce Filing
Form Name:
Summons
Who Must File:
All individuals who have had divorce filed against them who have children under age 18.

This is a form for letting your spouse know that you received a Divorce complaint.

Form Used For:
Miscellaneous
Form Name:
Written Civil Case Filing Statement
Who Must File:
All individuals filing for divorce who have children under age 18.

This is a form for filing information related to your case.

Form Used For:
Answer
Form Name:
Answer
Who Must File:
All individuals whom a divorce has been filed against who have children under age 18

This is a form for replying to a Divorce complaint filed against you by your spouse.

Form Used For:
Child Custody
Form Name:
Admission of Service of Summons, SD Parenting Guidelines, and Complaint
Who Must File:
All individuals whom a divorce has been filed against who have children under age 18

This is a form stating that the one in the marriage whom the Divorce complaint was filed against was served a copy of their court summons.

Form Used For:
Property Division
Form Name:
Financial Affidavit
Who Must File:
All couples filing a divorce, legal separation, or nullification of marriage.

This is a form for giving the financial information to the Court.

Form Used For:
Judgment
Form Name:
Judgment and Decree of Divorce (Stipulation and Agreement (without Children))
Who Must File:
Some individuals filing for divorce who do not have children under age 18.

This form is completed by the JUDGE.

Form Used For:
Property Division
Form Name:
Stipulation and Settlement Agreement (without Minor Children)
Who Must File:
All individuals filing for divorce who do not have children under age 18.

This is a form for dealing with issues concerning the marriage.

Form Used For:
Child Custody
Form Name:
Stipulation and Settlement Agreement (with Minor Children)
Who Must File:
All individuals filing for divorce who have children under age 18.

This is a form for dealing with issues concerning children.

Form Used For:
Judgment
Form Name:
Judgment and Decree of Divorce (Stipulation and Agreement (with Children))
Who Must File:
Some individuals filing for divorce who have children under age 18.

This form is completed by the JUDGE.

Form Used For:
Child Custody
Form Name:
Child Support Filing Data Form
Who Must File:
Some individuals filing for divorce who have children under age 18.

This is a form for filing a child support order.

Form Used For:
Military Divorce
Form Name:
Affidavit of Military Status
Who Must File:
Some individuals filing for divorce.

This is a form that must be filed if the spouse of the one who filed the Divorce complaint is in the military.

Form Used For:
Divorce Filing
Form Name:
Complaint without Minor Children
Who Must File:
All individuals filing for divorce who do not have children under age 18.

This is the form necessary to file for Divorce if you do not have children under 18 years of age.

Form Used For:
Property Division
Form Name:
Stipulation and Settlement Agreement (without Children)
Who Must File:
All individuals filing for divorce who do not have children under age 18.

This is a form for dealing with issues concerning the financial information in the marriage.


These South Dakota divorce forms are sourced from the The Judicial Branch of South Dakota at http://ujs.sd.gov/Forms/divorce.aspx. Please note that while we do our best to ensure this list of forms is complete and up-to-date, we cannot be held responsible for omissions or errors in the information we provide. If you notice a mistake on this page, please let us know and we will fix it as soon as possible.