South Dakota Newly Divorced Individuals Package

A divorce or legal separation case begins when the plaintiff the party who starts the court case files a formal complaint at the courthouse. The defendant, the other party, may answer within 28 days. If an answer is filed, the case is contested. If the defendant does not file an answer, the case is uncontested.

You answer the divorce petition to let the court know your position in the divorce case.If you don't answer the divorce petition and you don't go to a hearing, it's still possible that the judge can grant the divorce. If that happens, the judge also can make other decisions in the divorce.

If you post the divorce documents, your spouse must sign and return to you the Acknowledgement of Service (Divorce) as proof of service. You will need to file this document at the court. If you post the documents but do not get the Acknowledgement of Service (Divorce), you must try to serve your spouse in another way.

You can still get a divorce even if your spouse does not want one. States do not force a couple to stay together if one person no longer wants to be married. However, it can definitely complicate the process if the other party does not want to go through with it.

Grounds are legally acceptable reasons for divorce. 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.

South Dakota Divorce Overview In South Dakota, a divorce can be completed on average in a minimum of 60 days, with court fees of $95.00. Unlike many states, South Dakota does not have any divorce residency requirements determining how long the appellant must have lived in South Dakota prior to filing for divorce.

Unlike some other states, South Dakota does not accept joint divorce petitions, even for uncontested divorces. Instead, the spouse who prepares and files the initial paperwork, the "plaintiff," must file the following documents with the court before the court proceeds with the case: Case Filing Statement.

South Dakota Divorce Overview In South Dakota, a divorce can be completed on average in a minimum of 60 days, with court fees of $95.00. Unlike many states, South Dakota does not have any divorce residency requirements determining how long the appellant must have lived in South Dakota prior to filing for divorce.