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Serving Your Spouse in South Dakota You can't serve your spouse yourself; you must have someone who's at least 18 years of age and not a party to the case do it. If your spouse will agree to accept service, you can hand deliver the documents or mail them.
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.
You can't serve papers yourself. Ask another adult ? a server ? to deliver the papers.
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.
A party in the case can never serve legal papers, like a Summons and Complaint, a Notice of Petition and Petition, or a Motion, unless a Judge says it is o.k. A process server can be paid to serve the papers. Process servers are listed in the Yellow Pages or on the internet.
These types of separations are assessed on a case-by-case basis, and a judge will look at the couple's lifestyle and shared expenses to determine if the spouses are actually separated. South Dakota recognizes legal separations. To obtain a legal separation, the couple must file a petition with the court.