South Dakota Answer or Response to Petition or Complaint for Dissolution of Marriage or Divorce

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Multi-State
Control #:
US-02179BG
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Word; 
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Description

In the answer to a civil lawsuit, the respondent/defendant tells his side of the story. He is supposed to admit facts that are true and deny allegations that are not true. This answer must be filed within 30 days in some state courts. Failure to file an answer can result in a default judgment against the respondent/defendant. A default judgment is a judgment for failure to defend that is entered against the respondent/defendant just like there had been a trial.


This form is a generic example of an answer that may be referred to when preparing such a pleading for your particular state.

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FAQ

South Dakota recognizes both ?fault" and ?no-fault" divorce. A fault divorce action places blame for the divorce on one party while a no-fault divorce claims ?irreconcilable differences" between two spouses justify a divorce.

Under South Dakota law a divorce may be granted for any of these grounds: adultery, extreme cruelty (including bodily injury or grievous mental suffering), willful desertion, willful neglect, habitual intemperance, conviction of a felony, chronic mental illness or irreconcilable differences.

The basic forms you'll need to begin your South Dakota uncontested divorce include: Civil Case Filing Statement. Summons. Complaint. Financial Affidavit. Stipulation and Settlement Agreement, and. Affidavit of Plaintiff and Defendant as to Jurisdiction and Reason for Divorce.

Jurisdiction to grant a divorce is usually based on domicile. Most states require that only one of the parties be domiciled in the state in order to file for divorce.

Venue of action--Change by defendant. An action for divorce or separate maintenance may be commenced in the county of residence of either party, subject to the right of the defendant to have the place of trial changed to the county where the defendant resides.

You can get a divorce in South Dakota without claiming that your spouse is at fault (a ?no-fault? divorce). The judge can grant you a no-fault divorce if the judge finds that there are irreconcilable differences between you and your spouse.

The "waiting period" refers to the time between the start of the divorce proceedings and the court decree granting the final divorce. The waiting period in a South Dakota divorce is a minimum sixty (60) days after your spouse is served with the divorce papers.

South Dakota law requires courts to make an ?equitable division of property? during a divorce. This applies to all property owned by a married couple, both joint property and the individual property belonging to each spouse. It doesn't necessarily mean a split either.

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South Dakota Answer or Response to Petition or Complaint for Dissolution of Marriage or Divorce