Rev. 11/2010

INDEX TO SOUTH DAKOTA UNIFIED JUDICIAL SYSTEM PRO SE DIVORCE FORMS – FOR COUPLES WITH CHILDREN

Each case is different; you will not use all of these forms. Print All Pro Se Divorce Forms (With Children) UJS-300 Brochure – A Guide for Representing Yourself in South Dakota Courts UJS-301 General Definitions UJS-302 Parenting Time Guidelines UJS-303A Pro Se Divorce Checklist UJS-304 Instructions and Financial Affidavit Form UJS-305 Instructions and Affidavit of Indigency Form UJS-305A Order Waiving Filing Fee and Service of Process Fee UJS-306 Instructions and Affidavit of Defendant’s Non-Military Status Form UJS-307A Instructions for Plaintiff with Children UJS-308A Instructions for Defendant with Children UJS-232 Civil Case Filing Statement (2-party case) UJS-089 Child Support Filing Data Form UJS-311 Instructions and Summons with Children Form UJS-312 Instructions and Complaint with Children Form UJS-313 Instructions and Affidavit of Service by Mail Form UJS-314 Instructions and Affidavit of Personal Service Form UJS-315 Instructions and Notice and Admission of Service of Summons and Complaint Form UJS-317 Instructions and Answer and Counterclaim with Children Form UJS-318 Instructions and Answer UJS-319 Affidavit of Jurisdiction and Grounds for Divorce Form UJS-320 Instructions and Affidavit of Default Form UJS-321 Instructions and Notice of Intent to take Default Judgment Form UJS-322A Instructions and Decree of Divorce Form (Default) with Children Form UJS-323A Stipulation Instructions with Children Form UJS-325 Stipulation and Settlement Agreement with Children Form UJS-326A Instructions and Judgment and Decree of Divorce (Stipulation and Agreement with Children) Form UJS-327 Instructions and Notice of Entry of Decree of Divorce Form UJS-328 Instructions and Stipulation and Order for Dismissal Form

Going Solo:Representing Yourself

in the South Dakota Courts

A Guide to Understanding

This information was provided by the South Dakota Unified Judicial System.

Introduction

Some day you may find you need to go to court – to settle a dispute witha business or a neighbor, to get a divorce, or collect child support. Many peoplehire a lawyer to take their case to court. It’s a good idea. A lawyer has trainingand experience – and knows how the system works. Even if you end uprepresenting yourself in court, it’s good to start by talking to a lawyer about yourproblem. Find out if your case is a simple matter or one that could getcomplicated. Ask what it would cost to hire a lawyer to handle it for you.

Of course, not everyone can afford a lawyer. And others may decide totake their chances and go at it alone. Going solo in the courthouse can be veryscary. Especially if everything you know about the law is from watchingtelevision. Going to court isn’t as simple as they make it seem on TV. That’swhy the South Dakota Unified Judicial System has published this brochure foryou.

In this booklet you will learn how the South Dakota court system works.You will learn the process – step by step. Take it home and read it. It couldsave you time and headaches later.

Keep in mind that this is a guide meant to give you helpful information,not legal advice. Additional helpful information about the court system and itsprocesses is available on the South Dakota Unified Judicial System’s website atwww.sdjudicial.com and at the Frequently Asked Questions sections available ateach Circuit’s webpage which can also be accessed through a link from the UJShomepage.

The South DakotaUnified Judicial System

MAKING THE DECISION

Can I go to court without a lawyer?

Yes. You have the right to represent yourself in state courts. In

fact, many people in South Dakota go to court without a lawyer.

Some people can’t afford to hire a lawyer. Others decide that they

would rather handle their legal problem on their own.

Should I go to court without a lawyer?

That is your decision to make. This guide was developed by the

South Dakota Unified Judicial System to help you make that

decision. Some cases are fairly simple and can be handled without a lawyer. Others involve

complicated procedures and legal issues that require the experience and training of a lawyer. It is

a good idea to talk to a lawyer about your case if possible. Whether you decide to hire a lawyer or to

go to court on your own, it helps to know how the court system works.

Can I get help with my case if I need it?

Yes. There is a list of services on page 11 of this guide

that may help you. You might want to take a moment

now, before you begin your case, to find out where you can

get information or advice.

What if I need extra help because of a disability

or language barrier?

Everyone has a right to come to court and participate in the

legal system. This includes people who are disabled, people

who are hearing or vision impaired, and people who don’t speak English. If you or anyone

participating in your case needs special arrangements, first contact the Clerk of Court or Circuit

Administrator where you filed the case. They should be able to make proper arrangements for a

courtroom that is accessible, a sign language interpreter, or a translator. It is important to contact

the Clerk of Court or Circuit Administrator just as soon as possible, so they have time to make the

arrangements.

Is there a way to solve my problems without going to court?

It’s possible. You may be able to resolve your dispute through mediation

without filing a lawsuit. Mediation gives people a chance to sit down with a

mediator in an informal setting to try and work out their conflicts. The

mediator is a trained problem-solver who will help the parties come to an

agreement. Mediators usually charge a fee for their services, but mediation

could save you time and money in the long run.

3

“Can I get

help with

my case if

I need it?”

SOUTH DAKOTA JUDICIAL SYSTEM

Circuit CourtOriginal jurisdiction

in most actions; appellatejurisdiction over Magistrate Court

decisions, except small claims decisions.

Magistrate CourtConducts preliminary hearings for all

criminal cases and trials for criminal misdemeanorcases, civil actions that involve property of $12,000 orless, and small claims proceedings of $12,000 or less.

There are two kinds of legal cases: criminal and civil. A criminal case is when the state charges a person with a crime. A civil case is when someone sues an individual or a business. There aremany kinds of civil cases. Some examples of a civil problem that could end up in court are: adivorce, a dispute with a landlord, a boundary disagreement with a neighbor, or a problem with astore that sold you a faulty product. This guide covers only civil cases.

Do I file my case where I live?

It depends. You must decide which county or state is right for your case. This is called finding the right venue. The case is usually filed where you live or where the action took place, but notalways. Where you file your case could affect the outcome especially in divorce and child custody cases. See SDCL ch. 15-5 for statutes on venue of actions.

How do I know which kind of court to go to?

That will depend on the type of case and the amount of money involved. If it is a family law matter,like divorce, child support, or custody, your case belongs in Circuit Court. If it is another kind of civil case, you will need to go to Magistrate Court if the amount of the money involved does notexceed $12,000. If it is more than $12,000, then you need to go to Circuit Court.

4

SDSupreme

Court

How is the court system set up inSouth Dakota?

The court system is like a pyramid. At thebottom of the pyramid are the MagistrateCourts, which are like a small claims court.That is where many court cases take place.Next in the pyramid are the trial courtscalled Circuit Courts. The highest courtin the state is the South Dakota SupremeCourt. If someone loses a case in the circuit court, they can appeal to the SouthDakota Supreme Court.

BASIC STEPS IN A LAWSUIT1. File the Summons and Complaint. The person starting thecase is called the Petitioner or Plaintiff. That person files a written statement, called the Complaint, telling the court what the case is about. Then they arrange to have the Summons and Complaint delivered to theother side.2. File the Answer. The person being sued is either called the Defendant or the Respondent. That person files a written responsetelling their side of the story and delivers a copy to the plaintiff. This iscalled an Answer.

3. Prepare the case. Both sides have time to gather evidence to prove their case. Evidence could include papers, photographs or the testimony of witnesses.4. The judge holds a hearing. This is when both sides appear before the judge to presenttheir evidence to prove their case.5. The judge makes a decision.

FILING THE SUMMONS AND COMPLAINTIs there a Summons and Complaint form I can use? TheClerk of Court office can give you a packet of forms for divorce cases only or you may download the forms on the South Dakota Unified JudicialSystem’s webpage at www.sdjudicial.com under the Forms tab. Formsfor service by mail are available at SDCL 15-6-4(j).

Does it cost to file a lawsuit?

Yes. The court will charge a fee to file your case. See SDCL 16-2-29, 16-2-45. There are additional fees for copying and/or certifying copies, or issuing subpoenas. There is also a $10.00 charge for a divorce forms packet if obtained from the Clerk of Court office, or you may download divorce forms from the UJS website for free and print them yourself.

How do I make sure I’ve done everything right?

Take it one step at a time and don’t be afraid to ask for help. The courthouse staff cannot give you legal advice about your specific case, but they will answer your questions about court procedure. If you decide that there is too much at stake or your case is too difficult to handle on your own, youcan always contact a lawyer at any time.

5

The following are two scenarios that we would like to provide relating to filing a case:

Angela wanted to get a divorce because her husband left her. She went to the Clerk of Court Office to get a “Divorce Packet”which contains most of the forms she needs to fill out to file for divorce. There is a charge for the divorce packet. The Clerkexplained that she needed to read the instructions carefully before starting to fill out the forms. She suggested she practice in pencilbefore making a final copy.

Bob was sued by his landlord. The landlord filed a Summons and Complaint stating that Bob had not paid his rent. The landlordasked the court to force Bob to move out. Bob received a copy of the Complaint and a Summons telling how long he had torespond. Bob went to the Clerk of Court Office and was told that he needed to file anAnswer. If Bob did not file an answer by thedeadline, his landlord could have asked the court to rule against him right away. This is a called a default judgment. Bob filed ananswer stating “A pipe broke in my basement. The landlord told my wife that we should get a plumber to fix it, pay himanddeduct it from the rent, so we did. The plumber cost more than the rent so that’s why the landlord didn’t get a check from us lastmonth.” When the pipe broke in Bob’s basement, it also damaged a rug. Bob filed a counterclaim to ask the court to order hislandlord to pay him for it. Answer and counterclaim forms are not available for non-divorce actions.

If I have trouble reading, is there someone who

can help me with the forms?Yes, you can ask someone in the Clerk’s office to help you

or contact your local library. You may also contact the

South Dakota Literacy Council at 1-800-484-6690 Code

8585 or (605) 224-8212. You have to tell the person

helping you what to write. The person helping you can

only write down what you say. You can also take the

forms home and get a friend to read them to you.

How do I notify the other person that I have

filed a Summons and Complaint against them? Whenever you file a lawsuit, including a

divorce, you have to arrange to have the Summons and Complaint delivered to the other side and

provide the court with proof of how, when and where the papers were received. This is called

service of process. There are several ways that you can legally serve someone. The most

common methods are listed below and are addressed in SDCL 15-6-4(a) – (j) and SDCL 15-6-5(a) –

(i). See also SDCL ch. 15-39 for small claims procedures.

Personal Service: The papers are hand delivered to the defendant or respondent. This is

often done by the sheriff’s office or, in some larger communities, a private process server. Personal service can

also be done by any credible person over the age of eighteen who is not involved in the case. An Affidavit or

Certificate of Service form proving that the person received the papers must be filled out and filed at the Clerk’s

office. See SDCL 15-6-4(g) for proof of service requirements.

Acceptance of Service: If the other side is willing to accept the papers, you can give them a copy, have them sign

a form saying that he received them, and file that form with the Clerk.

Service by Publication: This method is used only if the person you’re suing lives out of state or you don’t know

how to locate them. Putting an ad in the newspaper usually does it but it can be a little tricky. Service by

publication is explained in greater detail in SDCL 15-9-7 – 15-9-22. A court order is needed before you may serve

someone by publication. Proof of such service is described in SDCL 15-6-4(g)(4).

Do I serve the papers the same way when filing an Answer?You can serve an Answer by mailing it to the person who sued you. You will still need to file an affidavit of

service with the court showing where you sent the papers.

PREPARING FOR THE HEARING

My papers have been filed and served. What do I do

to get ready for the hearing? Now is the time to prepare

your case. You need to gather the evidence that will help prove

your case to the judge. The evidence could be papers, like

receipts or bills that you bring to court with you. You could

also use witnesses to tell the court what they know about your

case. Let’s look at how Angela and Bob prepared for their

hearing.

6

…. is there

someone who

can help me

with the forms?

Can I find out what the other side is going to say and bring to the

hearing?It is possible to find out what evidence the other side is going to present

through a process called discovery. In civil cases, you have the right to get

information about witnesses and copies of documents before the hearing.

There are complicated rules about what you can get through discovery and

strict time limits apply. In South Dakota, discovery rules are generally

located at SDCL 15-6-26 through 15-6-37. If you need to use discovery, you

may want to talk to a lawyer.

Can I try to settle my case before the hearing?Absolutely. Many cases settle out of court without a hearing. For example:

Bob’s case might be just a simple misunderstanding and could be settled with

a phone call to his landlord or the landlord’s lawyer. He might also want to

use a mediator to help Bob and his landlord reach a settlement or an

agreement.

In Angela’s case, it will be better for everyone if they can agree on the

parenting plan before the hearing. If the parents can’t agree on how the

children will be cared for, what arrangements will be made for custody and

visitation, the Circuit Court Judge may appoint a mediator. See SDCL 25-4-

56 through 25-4-62. The mediator will sit down with both parents in an

informal setting and help them resolve some or all of their differences in

caring for the children. The UJS Circuit Administrator maintains a list of

court-approved mediators; contact the Circuit Administrator in your circuit

for this list or find this list for your circuit on the UJS website,

www.sdjudicial.com. These mediators do charge a fee for their services.

7

Angela received a Divorce Packet by the Clerk of Court. There are specific things that Angela

needs to do before the hearing. These are spelled out in a divorce packet and include:

Filling out a Financial Affidavit to help the judge make decisions about dividing property and

providing child support and setting alimony. The Court will need copies of financial records, like

income tax statements, pay check stubs, monthly bills, deeds to property, bank accounts, and

pension plans.

Filling out a Stipulation and Settlement Agreement, if children are involved. This spells out

plans to care for the children and is completed if both parents agree. It is good if both parents can

agree on the parenting plan.

Attending Parent Education Class, where required.

Bob needs to figure out what evidence he needs to prove his case. The kinds of things he

should consider are:

The receipt from the plumber or a copy of his cancelled check. The plumber’s testimony

might also be helpful. He could testify that he did the repair and identify the bill.

Testimony from Bob’s wife. She can testify that the landlord told her to hire a plumber

and deduct the cost from their rent.

A receipt showing what Bob paid for the rug. If Bob uses receipts or checks as evidence, he

should make sure that he has three copies: one for the court, one for the landlord, and one to

keep for his own records.

If his wife or the plumber is going to testify, Bob needs to write out his questions and go over

them with each witness before the hearing. If the plumber does not want to come to court, Bob

can get a subpoena forcing him to come to court. The Clerk’s office can provide Bob with a

subpoena form that includes instructions for service. But he should be careful - a witness who

doesn’t want to testify may hurt his case more than he helps it.

THE HEARING

How do I get a hearing? Will the court just schedule one?Ask the clerk of the court where your case was filed whether you need to request a hearing or

whether the court will schedule one on its own. In most Magistrate and small claims court cases,

the court will send both sides a notice of hearing telling them when and where the hearing will

take place. In Circuit Court cases, the hearing will be scheduled only upon request. In that case, it’s

up to you to contact the Clerk of Court’s office to request that a hearing be scheduled. Then, you

must send out a notice to the other side telling them the time and date of the hearing. If you are

handling your own divorce action without a lawyer you must schedule a hearing before the judge.

I’ve never been to court. What should I expect?Each court is a little different. Some courts use formal rooms like the ones you see on television.

But some hearings may be held in a small room or the judge’s office, called the judge’s chambers.

In general, this is what you can expect to see at your hearing.

Magistrate Court

Magistrate Judge or Clerk

May be less formal setting

Court reporter and/or

taped recording of

proceeding

Clerk of Court, who keeps

track of official court file

Circuit Court

Judge in robe on bench

More formal

Court reporter and/or taped

recording of proceeding

Clerk of Court, who keeps

track of official court file

What will happen at the hearing?That will also depend on the kind of court and the judge. The chart below describes what you can usually expect

to happen in each of these kinds of courtrooms.

Magistrate Court: The judge will probably start off by asking you to tell the court what

your case is about. It will also be up to you to question your witnesses and present your

evidence. The judge will probably ask questions and each side has the right to question the

other’s witnesses.

Circuit Court: There are strict rules for presenting evidence and questioning witnesses in

Circuit Court. You will be expected to know what those rules are and follow them. The other

side is more likely to be represented by a lawyer. In cases tried without a jury, the judge

decides the case. In cases tried before a jury, the judge rules on what evidence may be

considered by jurors in reaching their verdict. The judge also instructs the jury on points of

law pertaining to the case.

When will the judge decide my case?The judge may make a decision at the hearing. But often judges will take additional time to consider the evidence

and the law before deciding.

8

MAKE AN INFORMED CHOICE

The South Dakota Unified Judicial System hopes that this guide

has given you a better idea of how the court system works. If you

ever decide to go to court, you’ll know the basic steps. You can

decide whether to hire a lawyer or you can do it on your own. You

also understand the risks you are taking if you go to court without

a lawyer. Some cases work fine with a “do-it-yourself” approach.

Some don’t. Keep in mind that some cases are better left to a

trained professional – if you can possibly afford it. Just be smart.

Decide what is best for you.

9

when representing yourself in court

1. Make a good impression. If you dress nicely, it tells the judge that you

respect the courtroom and care about your case.

2. Be respectful. Be respectful to everyone in court, including

the other side – and don’t argue with the judge. Try to stay

calm.

3. Know what to ask. You can ask court officials for information

about the process and what type of information to put on the

forms. But remember, court employees cannot tell you

what to write on the forms or what to say at the hearing.

4. Arrive early. Arrive early. Most judges like to start on time.

But some cases take longer than expected, so be prepared to

wait.

5. Tell your story. Tell the judge in a few brief sentences what

your case is about and how you plan to prove the facts of

your case. Lawyers call this an opening statement.

6. Come prepared. Bring at least three copies of any evidence you

plan to use. Write out the questions you plan to ask and go

over them with your witnesses before the hearing.

7. Use a lawyer Most important of all, you can use a lawyer if

if you need help. you need help. You may start this case on your own, but

later realize that you need the help of an attorney.

Affidavit of Indigency – a sworn statement used to

determine if someone meets the income guidelines so

that they are not required to pay court fees

Agreement – an oral or written promise to do

something

Answer – The defendant’s written response to

allegations in the case

Certificate of Service – Form filed with the Clerk’s

office stating that the opposing party in a lawsuit

received the papers filed in the case

Circuit Court – Original jurisdiction in most actions,

appellate jurisdiction over Magistrate Court decisions,

except small claims decisions. South Dakota’s 66

counties are divided into 7 circuits

Civil Case – an action brought by a person, company,

or other entity to protect some right or to help recover

money or property from another person or company

Complaint – (civil) written statements by the plaintiff

setting forth the claims against the defendant

Counterclaim – a claim filed by the Defendant or

Respondent in a legal action

Criminal Case - a criminal lawsuit filed by the State of

South Dakota against a defendant for violation of a

criminal law

Default – failure to act, appear or perform an act or

obligation that is legally required

Default Judgment – when a party who has been sued

fails to answer, either the Clerk or the court may enter a

judgment by default against that party

Defendant – the person against whom a civil lawsuit is

brought. In divorce cases, the person against whom the

divorce is being filed

Discovery – a pretrial proceeding where a party to an

action may be informed of the facts known by other

parties or witnesses

Divorce Packet - a series of forms and instructions

developed by the South Dakota Unified Judicial System

to assist persons filing for divorce

Evidence – any presented proof, which may be

established by witnesses, testimony, records,

documents, etc.

Interrogatory – a written question or set of questions

submitted (with the court’s permission) by one party to

a civil suit to the opposing party on any matter relevant

to the case

Lawyer – a person licensed and authorized to practice

law, conduct lawsuits, or give legal advice

Magistrate Court – may hear small claims and

uncontested civil cases and minor misdemeanor

criminal cases

Mediation – a method of solving problems without

going to court

Notice of Hearing – an official notice telling the parties

when a hearing is scheduled

Opening Statement – summary of the case and the

evidence that will be presented given at the beginning

of the trial

Petitioner – in a civil case, the person or other entity

who files a claim against another person; may be called

Plaintiff depending on type of action (see Plaintiff)

Plaintiff – in a civil case, the person or other entity who

files a claim against another person. In divorces, this is

the person who files or starts the divorce

Respondent – the person against whom a civil lawsuit

is being brought; may be called Defendant depending

on type of action (see Defendant)

Service of Process – legal methods of delivering the

papers to the other side in a lawsuit and proving to the

court (by filing an affidavit of service or a certificate of

service) that they were received

Settlement – an oral or written promise to resolve a

problem, especially before going to court

Subpoena – a written legal notice requiring a person to

appear in court and give testimony or produce

documentary evidence

Summons – a writ notifying the person named that an

action has been filed against the person

Testimony – a solemn statement made under oath

Venue – The specific county, city or geographical area

in which a court has jurisdiction

South Dakota Supreme Court – South Dakota’s

highest court where five Supreme Court Justices hear

appeals of circuit court decisions and interpret the laws

and constitutions of South Dakota and the United States10

The State Bar of South DakotaPublic Service – Lawyer Referral – Help Line

1-800-952-2333Internet Home Pages

www.sdbar.org orwww.sdbar.net

The State Bar of South Dakota offers a listing of lawyers and firms along with what types of matters they handle.The attorneys have agreed to provide you with your first half-hour consultation for a reasonable fee. You shoulddiscuss any additional fees with the attorney during your first visit.

If you feel you can afford an attorney, the lawyers and firms in the lawyer referral listing are private practitioners who will charge for their services. If you don't think you can afford a private lawyer, you should contact the legalaid services offices to inquire whether you qualify for representation under that office's income guidelines. Legalservices offices, telephone numbers and addresses also can be found under “Attorneys” in the yellow pages of yourtelephone book.

Attorney General’s Office Consumer HotlineDivision of Consumer Protection500 East Capitol AvenuePierre, SD 57501-5070

Phone: (605) 773-4400Consumer Help Line: 1-800-300-1986 (SD only) E-Mail: consumerhelp@state.sd.us

****

Legal Aid Services of South Dakota:Dakota Plains Legal ServicesMain Office: P.O. Box 727Mission, SD 57555Phone: (605) 856-4441-800-658-2297

East River Legal ServicesMain Office: 335 N. Main Ave., #300Sioux Falls, SD 57104Phone: (605) 336-92301-800-952-3015

****

Mediation/Arbitration ServicesContact the South Dakota State Bar Office for a listof mediators and arbitrators in South Dakota.Contact UJS Circuit Administrators for a list ofapproved mediators in your circuit.Pro Bono Coordinator

Access to Justice, Inc., provides free legal assistance to eligible clients and coordinatesattorneys who provide pro bono legal services.This program was created by the South Dakota Bar Association in 2005. Clients are responsible forpaying case costs. To obtain information send email to access.to.justice@sdbar.net or call (605)791-4147 or visit www.HelpSouthDakota.com.

****

The Internet has many good sources ofinformation, but be careful. Laws and procedures vary from state to state. Not all of the informationyou find on the web will apply in South Dakota.

Keywords: Pro Se litigantsSelf-represented litigantsLegal information

****Some public libraries and courthouses may havebooks for research, computers to law and lawlibrarians that can help you.

****

For further information regarding the courtsystem in South Dakota please visit the SouthDakota Unified Judicial System’s Webpage atwww.sdjudicial.com

11

Are You Being Served?

The court staff can give information.

The court staff CAN answer:Has a complaint (or petition, motion, response, answer, certificate of service,objection, etc.) been filed?I just got this summons and complaint. It says I have to file an “answer” or I will besubject to default. What is an “answer”? What does it say? When is my “answer”due?I got a summons for jury service. What happens if I don’t show up? Can I beexcused?When are the court deadlines and due dates?What does the court ask for in complaints and motions?Can I get information from a specific case file?Can I get criminal and/or civil history information on myself or someone else?Do you suggest, if I have other questions, that I seek legal advice?

A lawyer can give legal advice.

The court staff CANNOT:

Advise you whether to bring your problems before the court or what remedy to seek.Give advice or information to one party over another or take sides in a case.Give information when they are unsure of the correct answer.Advise you whether to take a particular course of action.Disclose the outcome of a matter until the outcome is part of public record.Give information that must be kept confidential, by statute, rule, or case law, such asdomestic relations or juvenile.Tell you whether or not to bring a case to court.Give an opinion about what will happen if a case is brought to court.Recommend a lawyer, but can refer to the State Bar of South Dakota and the LawyerReferral Help Line (1-800-952-2333).Talk to the judge for you about what will happen in your case.Let you talk to the judge outside of court.

The South DakotaUnified Judicial

System(605) 773-3474

3,000 copies wereprinted at a cost of

$.53 each.Rev. November

2009

The South DakotaUnified Judicial

System(605) 773-34744,000 copies wereprinted at a cost of

$.52 eachRev. October

2010Recommend a lawyer, but can refer to the StateBar of SouthDakota and theLawyerReferralHelpLine (1-800-952-2333), or for income eligible people contactAccess to Justice (605-791-4147).

GENERAL DEFINITIONS

Alimony (also known as spousal support): SDCL 25-4-40. Action for separate maintenance without divorce--Alimony and support. An action for separate maintenance may be maintained without request for divorce, upon any grounds which would be grounds for divorce, and in such cases the court shall have power to award temporary alimony, suit money, and permanent support for a spouse and the children of the parties, or any of them, by the other spouse. SDCL 25-4-41. Allowance for support when divorce granted. Where a divorce is granted, the court may compel one party to make such suitable allowance to the other party for support during the life of that other party or for a shorter period, as the court may deem just, having regard to the circumstances of the parties represented; and the court may from time to time modify its orders in these respects. Grounds for divorce.: Grounds for divorce in South Dakota are set forth in SDCL 25-4-2 as follows: 1) adultery – the voluntary sexual intercourse of a married person with one of the opposite sex to whom he or she is not married. SDCL 25-4-3. 2) extreme cruelty – the infliction of grievous bodily injury or grievous mental suffering upon the other, by one party to the marriage. SDCL 25-4-4 3) willful desertion – the voluntary separation of one of the married parties from the other with intent to desert. SDCL 25-4-5. See also SDCL 25-4-8 to 25-4-14 for special conditions or circumstances applicable to willful desertion. 4) habitual intemperance – that degree of intemperance from the use of intoxicating drinks which disqualifies the person a great portion of the time from properly attending to business, or which would reasonably inflict a course of great mental anguish upon the innocent party. 5) conviction of felony 6) irreconcilable differences – those grounds which are determined by the court to be substantial reasons for not continuing the marriage and which make it appear that the marriage should be dissolved. Minor children; parental duty to support child: SDCL 25-5-18.1. Parental duty to support child. The parents of any child are under a legal duty to support their child in accordance with the provisions of § 25-7-6.1, until the child attains the age of eighteen, or until the child attains the age of nineteen if the child is a full-time student in a secondary school. If it is determined by the court that the child support obligation survives the death of the parent, the amount due may be modified, revoked, or commuted to a lump sum payment by the court, taking into consideration all factors deemed relevant, including the financial resources of the child and the other parent and the needs of the decedent's family.

Form UJS-301 Rev. 11/2010

South Dakota Parenting Time Guidelines A powerful cause of stress, suffering, and maladjustment in children of divorce is not simply divorce itself, but continuing conflict between parents, before, during, and after divorce. Similar conflicts can occur between parents who were never married. To minimize harm to their children, parents should agree on a parenting arrangement that is most conducive to frequent and meaningful contact for the children with both parents, with as little conflict as possible. When parental maturity, personality, and communication skills are adequate, the ideal arrangement is reasonable time with the non-custodial parent on reasonable notice, since that provides the greatest flexibility. The next best arrangement is a detailed parenting time agreement made by the parents to fit their particular needs and, more importantly, the needs of the children. If the parents are unable to agree, however, the following guidelines will be used, unless a different schedule is court ordered. For most parents, these guidelines should be considered as only a minimum direction for interaction with the children.

1. GENERAL RULES Parents should always avoid speaking negatively about one another and should firmly discourage such conduct by relatives or friends. In fact, the parents should speak in positive terms about the other parent in the presence of the children. Each parent should encourage the children to respect the other parent. Children should never be used by one parent to spy or report on the other. The basic rules of conduct and discipline established by the custodial parent should be the base-line standard for both parents and any step-parents, and consistently enforced by all, so that the children do not receive mixed messages about appropriate behavior.

Children will benefit from continued contact with all relatives and family friends on both sides of the family for whom they feel affection. Such relationships should be protected and encouraged. But relatives, like parents, need to avoid being critical of either parent in front of the children. Parents should have their children maintain ties with both the maternal and paternal relatives. In South Dakota, grandparents have a legal right to reasonable parenting time with their grandchildren, if it is in the best interests of the grandchildren. Usually the children will visit with the paternal relatives during times the children are with their father and with the maternal relatives during times they are with their mother. It is recommended that the parents prepare an annual calendar of agreed dates so that both the parents and the children know where the children will be during the coming year. In cases where both parents reside in the same community at the time of separation, and then one parent leaves the area, thus changing the parenting time pattern, the court will consider apportioning between the parents the children's travel costs necessary to facilitate parenting time with the non-custodial parent. In apportioning these costs, the court will consider such factors as the economic circumstances of the parents and the reasons prompting the move. 1.1 Parental communication. Parents should always keep each other advised of their home and work addresses and telephone numbers. Whenever feasible, all communication concerning the children shall be conducted between the parents themselves in person, or by telephone, at their residences, and not at their places of employment.

1.2 Grade Reports and Medical Information. The custodial parent shall provide the non-custodial parent with grade reports and notices from school as they are received and shall authorize the non-custodial parent to communicate concerning the child directly with the daycare, the school, and the children's doctors and other professionals outside the presence of the custodial parent. Unless there are abuse, neglect, criminal, or protection orders to the contrary, the non-custodial parent shall also be listed as the children’s parent and as an emergency contact with the daycare, the school, and all health professionals. Each parent shall immediately notify

Form UJS-302 Rev. 11/2010 1

the other of any medical emergencies or serious illnesses of the children. The custodial parent shall, as soon as reasonably possible, notify the non-custodial parent of all school or other events (for example, church or sports) involving parental participation. If the child is taking medications, the custodial parent shall provide a sufficient amount and appropriate instructions to the non-custodial parent.

1.3 Parenting Time Clothing. The custodial parent shall send an appropriate supply of children's clothing with them, which shall be returned clean (when reasonably possible), with the children, by the non-custodial parent. The non-custodial parent shall advise, as far in advance as possible, of any special activities so that the appropriate clothing belonging to the children may be sent.

1.4 Withholding Support or Parenting Time. Neither parenting time nor child support is to be withheld because of either parent's failure to comply with a court order. Only the court may enter sanctions for non-compliance. Children have a right both to support and to parenting time, neither of which is dependent upon the other. In other words, no support does not mean no parenting time and no parenting time does not mean no support. If there is a violation of either a parenting time or a support order, the exclusive remedy is to apply to the court for appropriate sanctions.

1.5 Adjustments in this Parenting Time Schedule. This schedule is to be understood as imposing specific requirements and responsibilities; however, when family necessities, illnesses, or commitments reasonably so require, the parents are expected to modify parenting time fairly. The parent requesting modification shall act in good faith and give as much notice as circumstances permit.

1.6 Custodial Parent's Vacation. Unless otherwise specified in a court order or agreed by the parents, the custodial parent is entitled to a vacation with the children for a reasonable period of time, usually equal to the vacation time the non-custodial parent takes with the children. The custodial parent should plan a vacation during the time when the non-custodial parent is not scheduled to spend time with the children.

1.7 Insurance Forms. The parent who has medical insurance coverage on the children shall supply to the other parent an insurance card and, as applicable, insurance forms and a list of insurer-approved or HMO-qualified health care providers in the area where the other parent is residing. A parent who, except in an emergency, takes the children to a doctor, dentist, or other provider not so approved or qualified should pay the additional cost thus incurred. When there is a contemplated change in insurance which requires a change in medical care providers and a child has a chronic illness, thoughtful consideration should be given by the parents to what is more important, i.e., allowing the child to remain with the original provider or taking advantage of economic or medical benefits offered by the new carrier. When there is an obligation to pay medical expenses, the parent responsible therefore shall be promptly furnished with the bill by the other parent. The parents shall cooperate in submitting bills to the appropriate insurance carrier. Thereafter, the parent responsible for paying the balance of the bill shall make arrangements directly with the health care provider and shall inform the other parent of such arrangements. Insurance refunds should be promptly turned over to the parent who paid the bill for which the refund was received.

1.8 Child support abatement. Unless a court order otherwise provides, support shall not abate during any period when the children are with the non-custodial parent.(South Dakota law allows for support abatement. See SDCL 25-7-6.14. However, no abatement may be taken unless there is a court order authorizing it.) .

1.9 Missed Parenting Time. When events beyond either parent's control, such as illness, prevent a scheduled parenting time, a mutually agreeable substituted parenting time date shall be arranged, as quickly as feasible. Each parent shall timely advise the other when a particular

Form UJS-302 Rev. 11/2010 2

parenting time cannot be exercised. Missed parenting time should not be unreasonably accumulated.

1.10 Parenting Time - A Shared Experience. Except with infants and adolescents, it usually makes sense for all the children to share the same schedule. Having brothers and sisters along may provide an important support for children. Infants have special needs that may well prevent a parent from being with both infants and older children at the same time. Adolescents have special needs for peer involvement and for some control in their own lives that may place them on different schedules from their younger brothers and sisters. Because it is intended that parenting time be a shared experience between siblings and, unless these guidelines, a court order, or circumstances, such as age, illness, or a particular event suggest otherwise, all the children should spend time together with the non-custodial parent.

1.11 Telephone Communication. Telephone calls between parent and child shall be liberally permitted at reasonable hours and at the expense of the calling parent. The custodial parent may call the children at reasonable hours when the children are with the non-custodial parent. The children may, of course, call either parent, though at reasonable hours and frequencies, and at the cost of the parent called if it is a long distance call. During long vacations the parent with whom the child is on vacation should make the child available for telephone calls every three days. At all other times, the parent with whom the child is staying shall not refuse to answer the phone or turn off the phone in order to deny the other parent telephone contact. If a parent uses an answering machine, messages left on the machine for the child should be returned. Parents should agree on a specified time for calls to the children so that the children will be made available. A parent may wish to provide a child with a telephone calling card to facilitate communication with that parent.

1.12 Mail and E-mail Contact. Parents have an unrestricted right to send cards, letters, packages, and audio and video cassettes or CDs to their children. Children also have the same right to send items to their parents. Neither parent should interfere with this right. A parent may wish to provide a child with self-addressed, stamped envelopes for the child’s use in corresponding with that parent. If the child and the parent have Internet capability, communication through e-mail should be fostered and encouraged.

1.13 Privacy of Residence. A parent may not enter the residence of the other except by express invitation of the resident parent, regardless of whether a parent retains a property interest in the residence of the other parent. Accordingly, the children shall be picked up and returned to the front entrance of the appropriate residence. The parent dropping off the children should not leave the premises until the children are safely inside. Parents should refrain from surprise visits to the other parent's home. A parent's time with the children is his or her own, and the children's time with that parent is equally private.

1.14 Special Considerations for Adolescents. Generally, these guidelines apply to adolescents as well as younger children. Nonetheless, within reason, the parents should honestly and fairly consider the wishes of their teenagers on parenting time. Neither parent should attempt to pressure their teenager to make a parenting time decision adverse to the other parent. Teenagers should explain the reasons for their wishes directly to the affected parent, without intervention by the other parent.

1.15 Day Care Providers. When parents reside in the same community, they should use the same day care provider. To the extent feasible, the parents should rely on each other to care for the children when the other parent is unavailable.

1.16 Special circumstances. A. Child Abuse. When child abuse has been established against the non-custodial parent and a continuing danger is shown to exist, all parenting time should cease or be allowed only under

Form UJS-302 Rev. 11/2010 3

supervision, depending on the circumstances. Court intervention is usually required in child abuse cases, if either parent abuses a child. B. Spouse Abuse. Witnessing spouse abuse has long-term, emotionally detrimental effects on children. Furthermore, a person who loses control and acts impulsively with a spouse may be capable of doing so with children. Depending on the nature of the spouse abuse and the time and circumstances of its occurrence, the court may require that an abusive spouse successfully complete appropriate counseling before being permitted unsupervised time with the children.

C. Substance Abuse. The children should not be with a parent who is abusing substances. D. Long Interruption of Contact. In those situations where the non-custodial parent has not had a continuing relationship the child for an extended period, parenting time should begin with brief visits and a very gradual transition to the parenting time in these guidelines. E. Kidnapping Threats. Non-custodial parents who have threatened to kidnap or hide the children should have no parenting time or only supervised visits. F. Breast Feeding Child. Forcibly weaning a child, whether breast feeding or bottle feeding, during the upheaval of parental separation is not appropriate for the physical health or emotional well-being of the child. Until weaning has occurred without forcing, a nursing infant should have visits of only a few hours with the father. A mother should not use breast feeding beyond the normal weaning age as a means to deprive the father of parenting time. G. A Parent's New Relationship. Parents should be sensitive to the danger of exposing the children too quickly to new relationships while they are still adjusting to the trauma of their parents’ separation and divorce. H. Religious Holidays and Native American Ceremonies. Parents should respect their children's needs to be raised in their faith and in keeping with their cultural heritage and should cooperate with each other on parenting time to achieve these goals. These goals should not be used to deprive the non-custodial parent of parenting time. I. Other. The court will consider limiting or denying parenting time or changing custody of parents who show neglectful, impulsive, immoral, criminal, assaultive, or risk-taking behavior with or in the presence of the children.

2. NON-CUSTODIAL PARENT PARENTING TIME WHEN CHILDREN ARE UNDER AGE FIVE.

2.1 Children Under Age Five Generally. Infants (children under eighteen months of age) and toddlers (eighteen months to three years) have a great need for continuous contact with the primary caretaker who provides a sense of security, nurturing, and predictability. Generally, overnight visits for infants and toddlers are not recommended unless the non-custodial parent is very closely attached to the child and is personally able to provide primary care. Older preschool age children (three to five) are able to tolerate limited separations from the primary caretaker. The following guidelines for children under age five are designed to take into account children's developmental milestones as a basis for time with the non-custodial parent. Since children mature at different rates, these may need to be adjusted to fit the child's individual circumstances. These guidelines may not apply the parents equally share caretaking responsibilities for the child and the child is equally attached to both parents. Yet in the majority of situations, those in which the custodial parent has been the primary caretaker and the non-custodial parent has maintained a continuous relationship with the child, but has not shared equally in child caretaking, the following guidelines should generally apply.

2.2 Infants - Birth to Six Months. Alternate parenting plans: (1) Three, two-hour visits per

Form UJS-302 Rev. 11/2010 4

week, with one weekend day for six hours; or (2) Three, two-hour visits per week, with one overnight on a weekend for no longer than a twelve-hour period, if the child is not breast feeding and the non-custodial parent is capable of providing primary care.

2.3 Infants - Six to Eighteen Months. Alternate parenting plans: (1) Three, three-hour visits per week with one weekend day for six hours; or (2) Same as (1), but with one overnight not to exceed twelve hours, if the child is not breast feeding and the non-custodial parent is capable of providing primary care; or (3) Child spends time in alternate homes, but spends significantly more time at one of them and no more than two twelve-hour overnights per week at the other. This arrangement should be considered only for mature, adaptable children and very cooperative parents.

2.4 Toddlers - Eighteen to Thirty-six Months. Alternate parenting plans: (1) The non-custodial parent has the child up to three times per week for a few hours on each visit, on a predictable schedule; or (2) Same as (1) but with one overnight per week; or (3) Child spends time in alternate homes, but with more time in one than the other with two or three overnights spaced regularly throughout the week. This arrangement requires an adaptable child and cooperative parents.

2.5 Preschoolers - Three to Five-Years-Old Alternate parenting plans: (1) One overnight visit (i.e., Saturday morning to Sunday evening) on alternate weekends and one midweek visit, at the conclusion of which the child is returned to the custodial parent's home at least one-half hour before bedtime; or (2) Two or three nights at one home, spaced throughout the week, the remaining time at the other home. In addition, for preschoolers, a vacation of no longer than two weeks with the non-custodial parent.

2.6 Children in Day Care. In families where a child has been in day care before the parental separation, the child may be able to tolerate flexible visits earlier because the child is more accustomed to separations from both parents. The non-custodial parent who exercises parenting time of a child under age five should not during the visits place the child with a baby-sitter or day care provider. If the non-custodial parent cannot be with the child personally, the child should be returned to the custodial parent. Visiting for short periods with relatives may be appropriate, if the relatives are not merely serving as baby-sitters.

2.7 Holidays. For toddlers and preschool age children, when the parents live in the same or nearby communities, the parents should alternate each year Christmas Eve and Christmas Day, so that the children spend equal time with each parent during this holiday period. Other major holidays should also be divided between the parents.

3. NONCUSTODIAL PARENT PARENTING TIME WHEN CHILDREN ARE OVER AGE FIVE AND THE PARENTS RESIDE NO MORE THAN 200 MILES APART

3.1 Weekends. Alternate weekends from Friday at 5:30 P.M. to Sunday at 7:00 P.M.; the starting and ending times may change to fit the parents' schedules. Or an equivalent period of time if the non-custodial parent is not available on weekends and the child does not miss school. In addition, if time and distance allow, one or two midweek visits of two to three hours. All transportation for the midweek visits are the responsibility of the non-custodial parent.

3.2 Mother's Day - Father's Day. The alternate weekends will be shifted, exchanged, or arranged, so that the children are with their mother each Mother's Day weekend and with their father each Father's Day weekend. Conflicts between these special weekends and regular parenting time shall be resolved under Paragraph 1.9.

Form UJS-302 Rev. 11/2010 5

3.3 Summer Parenting Time. One-half of the school summer vacation. At the option of the non-custodial parent, the time may be consecutive or it may be split into two blocks of time. If a child goes to summer school and it is impossible for the non-custodial parent to schedule this parenting time other than during summer school, the non-custodial parent may elect to take the time when the child is in summer school and transport the child to the summer school session at the child's school or an equivalent summer school session in the non-custodial parent's community.

3.4 Winter (Christmas) Vacation. One-half the school winter vacation, a period which begins the evening the child is released from school and continues to the evening of the day before the child will return to school. If the parents cannot agree on the division of this period, the non-custodial parent shall have the first half in even-number years. Holidays, such as Christmas, are extremely important as times of shared enjoyment, family tradition, and meaning. Families living in the same or nearby communities should work out ways for the children to spend part of each important holiday at both homes. If the parents are unable to work out a sharing arrangement for Christmas and they live in the same or nearby communities, in those years when Christmas does not fall in a parent's week, that parent shall have from 2:00 P.M. to 9:00 P.M. on Christmas Day.

3.5 Holidays. Parents shall alternate the following holiday weekends: Easter, Memorial Day, the 4th of July, Labor Day and Thanksgiving. Thanksgiving will begin on Wednesday evening and end on Sunday evening; Memorial Day and Labor Day weekends will begin on Friday and end on Monday evening; Easter weekend will begin on Thursday evening and end on Sunday evening; the 4th of July, when it does not fall on a weekend, shall include the weekend closest to the 4th. Holiday weekends begin at 5:30 P.M. and end at 7:00 P.M. on the appropriate days.

3.6. Children's Birthdays. Like holidays, a child's birthday shall be alternated annually between the parents. If the birthday falls on a weekend, it shall extend to the full weekend, and any resulting conflict with regular parenting time shall be resolved under Paragraph 1.9. If the birthday falls on a weekday, it shall be celebrated from 2:00 P.M. to 8:00 P.M. (or so much of that period as the non-custodial parent elects to use).

3.7. Parents' Birthdays. The children should spend the day with the parent who is celebrating his or her birthday, unless it interferes with a non-custodial parent's scheduled time during a holiday or vacation.

3.8. Conflicts between Regular and Holiday Weekends. When there is a conflict between a holiday weekend and the regular weekend parenting time, the holiday takes precedence. Thus, if the non-custodial parent misses a regular weekend because it is the custodial parent's holiday, the regular alternating parenting time schedule will resume following the holiday. If the non-custodial parent receives two consecutive weekends because of a holiday, the regular alternating weekend schedule will resume the following weekend with the custodial parent. The parents are to make up missed weekends resulting from holiday conflicts.

3.9. Parenting Time Before and During Vacations. The custodial parent will have the weekend before the beginning of the non-custodial parent's summer extended parenting time period(s) with the children, regardless of whose weekend it may be. Similarly, the non-custodial parent's alternating weekend schedule shall resume the second weekend after each extended summer parenting time period. Weekend parenting time "missed" during the summer vacation period will not be "made up." During any extended summer parenting time of more than three consecutive weeks, it will be the non-custodial parent's duty to accommodate, at a mutually convenient time, a 48-hour continuous period of parenting time for the custodial parent, unless impractical because of distance.

Form UJS-302 Rev. 11/2010 6

Form UJS-302 Rev. 11/2010 7

3.10. Notice of Canceled Parenting Time. Whenever possible, the non-custodial parent shall give a minimum of three days notice of intent not to exercise all or part of the scheduled parenting time. When such notice is not feasible, the maximum notice permitted by the circumstances, and the reason therefore shall be provided to the other parent. Custodial parents shall give the same type of notice when events beyond their control make the cancellation or modification of scheduled parenting time necessary. If the custodial parent cancels or modifies the non-custodial parent's time with a child because the child has a scheduling conflict, the non-custodial parent should be given the opportunity to take the child to the scheduled event or appointment.

3.11. Pick Up and Return of Children. When the parents live in the same community, the responsibility of picking up and returning the children should be shared. Usually the non-custodial parent will pick up and the custodial parent will return the children to that parent's residence. The person picking up or returning the children during times of parenting time has an obligation to be punctual, arriving at the agreed time, not substantially earlier or later. Repeated, unjustified violations of this provision may subject the offender to court sanctions.

3.12. Additional Parenting Time. The children's time with the non-custodial parent should be liberal and flexible. For most parents, these guidelines should be considered as only the minimum and are not meant to foreclose the parents from agreeing to such time-sharing with the children as the parents find reasonable and in the best interests of their children at any given time.

4. NONCUSTODIAL PARENT PARENTING TIME WHEN CHILDREN ARE OVER AGE FIVE AND THE PARENTS RESIDE MORE THAN 200 MILES APART

4.1 Extended parenting Time. All but three weeks of the school summer vacation period and, on an alternating basis, the school winter (Christmas) vacation and spring break.

4.2 Priority of Summer Parenting time. Summer parenting time with the non-custodial parent takes precedence over summer activities (such as sports), when the parenting time cannot be reasonably scheduled around such events. Even so, the conscientious non-custodial parent will often be able to enroll the child in the same or similar activity in the non-custodial parent's community.

4.3 Notice. At least 60 days advance written notice should be given by the non-custodial parent of the date for commencing extended summer parenting time, so that the most efficient means of transportation may be obtained and the parents and the children may arrange their schedules. Failure to give the precise number of days notice does not give the custodial parent the right to deny parenting time.

4.4 Additional Parenting Time. Where distance and finances permit, additional parenting time, such as for holiday weekends or special events, is encouraged. When the non-custodial parent is in the area where the children reside, or the children are in the area where the non-custodial parent resides, liberal parenting time shall be accommodated. Because the non-custodial parent does not get weekly time with the children, the children can miss some school to spend time with the non-custodial parent, so long as it does not substantially impair the children's scholastic progress.

PRO SE DIVORCE CHECKLIST This Checklist must be completed and signed by the Plaintiff and submitted along with the Final Judgment and Decree of Divorce to the Court: 1. Plaintiff’s Name: ________________________________________________________ Address: ________________________________________________________ ________________________________________________________ Phone: ________________________________ Social Security Number:___________________________________________ 2. Defendant’s Name: ________________________________________________________ Address: ________________________________________________________ ________________________________________________________ Phone: ________________________________ Social Security Number:___________________________________________ 3. Is the Plaintiff a resident of ____________ County, South Dakota? Yes _____ No ____ 4. Is the Defendant a resident of ___________ County, South Dakota? Yes ____ No _____ 5. Have you filed a Summons and Complaint? Yes ______ No ______ 6. Have the Summons and Complaint been served on the other party?

Yes ______ No ______

* You must either file a Sheriff’s Return of Service showing proof of service upon the opposing party OR an Admission of Service signed by the opposing party.

7. Are there any minor children involved? Yes _____ No _____ 8. Is the wife pregnant? Yes _____ No ______ 9. If your answer to either No. 7 or 8 is “Yes”, is there a current child support order in place? Yes

____ No _____. If “Yes”, please provide a copy of the order attached to this form. ***** If a child is involved, you must complete a Child Support Order Filing Data

form (Form 089) which can be obtained from the Office of the Clerk of Court. Is child support set in the statutory amount? (See SDCL §25-7-6.2) Yes ___ No ___

Does your Stipulation or proposed Judgment and Decree address custody? Yes ____ No _____

Does your Stipulation or proposed Judgment and Decree address visitation?

Yes _____ No _____

Form UJS-303A Rev. 11/2010

10. Has it been 60 days since the other party was served the Summons and Complaint? Yes _____ No ______

11. Did the other party file a response to the Summons and Complaint? Yes _____ No _____

12. If children are involved, have both parties completed the SMILE program? Yes _____ No _____ 13. You must have filed the following documents before submitting a proposed Final Judgment

and Decree of Divorce to the Court for consideration:

√

a. Summons signed by Plaintiff ___

b. Complaint signed by Plaintiff ___

c. Admission of Service signed by the other party ___

OR

Sheriff’s Return of Service ___

d. Stipulation/Agreement signed by both parties ___ OR Motion for Default Judgment AND Affidavit of Default (must be notarized) ___

e. Affidavit of Jurisdiction and Grounds ___ (See SDCL § 25-4-17.3)

* (If you wish to use Irreconcilable Difference as grounds, both parties must sign an Affidavit which must be notarized.) f. Affidavit of Defendant’s Non-Military Status ___

I have reviewed the documents filed in this matter and verify that the information is complete and correct. DATE: __________________ ____________________________________ PLAINTIFF’S SIGNATURE *** If there are children involved, the Visitation Officer must review the proposed Judgment and Decree before the Court will grant your Judgment and Decree of Divorce (If there is no Visitation Officer in your circuit or no children are involved, write “not applicable.”) If there are children involved, has the Visitation Officer reviewed the proposed Judgment and Decree of Divorce? Yes _____ No_____ (To be completed by the Visitation Officer who will indicate status and approval)

Form UJS-303A Rev. 11/2010

Instructions for Financial Affidavit Form

The Financial Affidavit is a sworn statement about the financial situation of the party completing the form. It is meant to give the judge and the parties accurate information about the property and debts involved in the divorce. The values used should be as of the day the party completes the Financial Affidavit. • Complete the top portion of the Financial Affidavit (the “caption”).

o Fill in the name of the county in which you are filing for divorce. This must be the county in which either you or your spouse live.

o Fill in the name of the Judicial Circuit that the county in which you are filing for divorce is located. (Ex. First, Second, Third, etc.) If you do not know, contact the Clerk of Courts in your county.

o Fill in your full legal name where it says “Plaintiff” and your spouse’s name where it says “Defendant.”

o When you file your papers, the Clerk of Court will assign a case number which you will insert in the space following “DIV.” For example, if your case number is 011234, your form should show DIV.: 01-1234. This case number should appear on all your papers.

• Fill in the personal information in paragraphs (1)-(8). You may want to have a copy of your last tax

return to help you. If you do not know an answer then place a question mark (“?”) in the blank. If you know for certain that you don’t have or receive the item in a paragraph then enter a zero (0).

• Fill in the blanks for sections I, II, and III. Values should be an actual amount (if known) or an

estimate of what the property is worth. If you don’t have something listed in those sections, enter a zero (0).

• Make at least 2 photocopies of the signed Summons; one for you and one to be served on your spouse.

The original copy will be filed with the Clerk of Courts. • You must sign and date the Affidavit in the presence of a notary public or clerk of court. Make

sure to bring identification to show the notary public or clerk of court. A notary public can usually be found at the bank and sometimes at the courthouse.

WARNING: By signing your name, you are telling the court that you are telling the truth and that you have a good faith reason for your requests. If you are not telling the truth, if you are misleading the court, or if you are serving or filing this document for an improper purpose, the court could find you in contempt or you could be prosecuted for not telling the truth.

Form UJS-304 Rev. 11/2010

STATE OF SOUTH DAKOTA) IN CIRCUIT COURT :SS COUNTY OF______________) ___________ JUDICIAL CIRCUIT _____________________,

DIV _____

Plaintiff, vs.

FINANCIAL AFFIDAVIT

_____________________, Defendant.

I, ________________________________, hereby swear on oath and under penalty of law that the following is true. (Name of party completing affidavit) (1) My address is ______________________________________________________ (2) My telephone number is ( ) _______________________________________ (3) I am (check one) _____ EMPLOYED _____ UNEMPLOYED _____ SELF-EMPLOYED (4) (If employed) my weekly take home pay is: $_____________________________. (5) Retirement, disability, or insurance benefits: $________________ per ______________. (6) My total income before deductions for year _________ was $______________________. (7) My total income before deductions for year _________ was $______________________. (8) Including myself, I have the following number of dependants: _____________________. (10) The following amounts accurately represent my assets and liability:

I. ASSETS (things I own or am buying)

a. CASH (on hand or in banks) ……………………………………………………………..$_____________ b. ACCOUNTS and NOTES RECEIVABLE (IOU’s and other money payable to me)…...$_____________ c. INVESTMENTS (stocks, bonds, savings bond, etc.)…………………………………….$_____________ d. REAL ESTATE (house, land, tribal lease land, rental property, etc.)…………………….$_____________ e. AUTOMOBILE(S) make, model, year: ________________________________________________________________________ $_____________ f. HOUSEHOLD GOODS (furniture, appliances, TV, stereo, etc.)…………………………$_____________ g. OTHER PERSONAL PROPERTY (tools, sports equipment, etc.)………………………$_____________ h. ANY OTHER ASSETS (anything else I could sell or borrow money on)……………….$_____________ TOTAL ASSETS………….$_____________

II. LIABILITIES (money that I owe)

a. My regular monthly expenses are: (housing, utilities, food, etc.)…………………….….$_____________ b. DEBTS: I owe_______________________________ this amount……………….$_____________ I owe_______________________________ this amount……………….$_____________ I owe_______________________________ this amount……………….$_____________ TOTAL LIABILITIES …..$_____________

Form UJS-304 Rev. 11/2010

Form UJS-304 Rev. 11/2010

III. ANTICIPATED INCOME (money or property you are expecting)

a. Total monies or income from sale of house or land, gifts, inheritance, allotments, trust funds, lease money, etc………………………………………………………………$______________ Dated: Signature of Person Completing Affidavit

(Sign only in front of notary public or clerk of courts.)

Sworn/affirmed before me this

day of , .

Notary Public \ Clerk of Courts (SEAL)

Instructions for Affidavit of Indigency Form (Waiver of Filing Fees)

An Affidavit for Indigency is a request to the Court asking it not to charge you the fee for filing a divorce and to direct the Sheriff not to charge you for service of process. The affidavit is a statement that you are making to the Judge explaining your financial situation and help the Judge decide whether to waive the fees in your case. You are telling the Judge that you cannot afford to pay the filing fee and the service of process fee. • Complete the caption at the top of the Affidavit. • Read paragraphs 1 and 2. You do not need to fill in anything in these paragraphs, but you must agree with what

they say. • Fill in the blanks for paragraphs 3-8. You may want to have a copy of your last tax return to help you. If you do

not know an answer then place a question mark (“?”) in the blank. If you know for certain that you don’t have or receive the item in a paragraph then enter a zero (“0”).

• Fill in the blanks for sections I, II, and III. If you don’t have something listed in those sections enter a zero (“0”) • Make a photocopy of the Affidavit for you own records and file the original with the Clerk of Courts. • You must sign and date the Affidavit in the presence of a notary public or clerk of court. Make sure to bring

identification to show the notary public or clerk of court. A notary public can usually be found at the bank and sometimes at the courthouse.

WARNING: By signing your name, you are telling the court that you are telling the truth and that you have a good faith reason for your requests. If you are not telling the truth, if you are misleading the court, or if you are serving or filing this document for an improper purpose, the court could find you in contempt or you could be prosecuted for not telling the truth. GIVE THE COMPLETED AND SIGNED AFFIDAVIT TO THE CLERK OF COURTS WHEN YOU FILE YOUR DIVORCE.

Form UJS-305 Rev. 11/2010

STATE OF SOUTH DAKOTA ) IN CIRCUIT COURT :SS COUNTY OF _______________) ________ JUDICIAL CIRCUIT _________________________, DIV _______ Plaintiff, vs. AFFIDAVIT OF INDIGENCY _________________________, Defendant Comes now the Plaintiff named above, and after first being duly sworn on oath states and alleges as follows:

1. I am the Plaintiff named above; and I make this affidavit pursuant to and in accordance with SDCL 16-2-29.2 and 16-2-29.3 for the purposes of supporting my request to waive the filing fee in my action for divorce.

2. I do solemnly swear that I am unable to pay the filing fee and the service of process fee of the legal proceedings which I am about to commence for the following reasons; and that I verily believe I am justly entitled to the relief sought by such legal proceedings.

3. I am (check one): ______ Employed ______ Unemployed ___ Self-employed.

4. If employed, my weekly take-home pay is $_____________. 5. Retirement, disability, or insurance benefits: $____________ per ____________. 6. Total income before deductions for 20____ was $____________ (prior). 7. Total income before deductions for 20____ is $____________ (current). 8. Including myself, I have the following number of dependents: __________. 9. The following amounts accurately represent my assets and liabilities:

I. ASSETS (Things I own or am buying):

A. CASH (on hand or in banks) ................. $_________ B. ACCOUNTS AND NOTES RECEIVABLE

(IOUs and other money payable to me) ....... $_________

C. INVESTMENTS (Stock, bonds, savings bonds, etc.) ............................... $_________

D. REAL ESTATE (Houses, land, tribal lease land, real property, etc.) ................. $_________

Form UJS-305 Rev. 11/2010

Form UJS-305 Rev. 11/2010

E. AUTOMOBILE(S) - make, model, & year: ________________________________________ ________________________________________

________________________________________ $_________

F. HOUSEHOLD GOODS (Furniture, appliances,

TV, stereo, etc.) .......................... $_________

G. OTHER PERSONAL PROPERTY (Tools, sports equipment, etc.) ........................... $_________

H. ANY OTHER ASSETS (Anything else I could

sell or borrow money on) ................... $_________

TOTAL ASSETS ......................... $_________ II. LIABILITIES (Money that I owe):

A. REGULAR MONTHLY EXPENSES: (Housing, utilities, food, etc.) ..................... $_________

B. LOANS: Amounts owed to:

______________________________________ ..... $_________

______________________________________ ..... $_________

______________________________________ ..... $_________ ______________________________________ ..... $_________

______________________________________ ..... $_________

TOTAL LIABILITIES .................... $_________ III. ANTICIPATED INCOME (Money or property

I expect to receive from sale of house or land, alimony, gifts, inheritances, allotments, trust funds, lease money, etc.) ................ $_________

WHEREFORE, based upon the foregoing statements and allegations, I respectfully request that the Court enter its Order to waive payment of the filing fee and the fees for service of process upon the Defendant in this matter, pursuant to SDCL 16-2-29.2. If this Application for Indigent Waiver of Filing Fee is denied by the judge, you must pay the filing fee in order to proceed with the case. If the filing fee isn’t paid within 30 days, your case will be dismissed.

Dated this _______ day of __________________, 20___.

_________________________________________ Plaintiff

Name: (Printed) ___________________________

Address: _________________________________

City/State/Zip: ____________________________

Telephone: (_____)_________________________

Subscribed and sworn to before me this _________ day of _______________________, 20___. _________________________________________ Notary Public/Clerk of Courts If Notary, my commission expires: (SEAL)

Form UJS-305 Rev. 11/2010

STATE OF SOUTH DAKOTA ) IN CIRCUIT COURT :SS COUNTY OF _______________) ________ JUDICIAL CIRCUIT _________________________, DIV _______ Plaintiff, vs. ORDER WAIVING FILING FEE AND SERVICE OF PROCESS FEE _________________________, Defendant The Plaintiff named above having moved the Court to enter its order to waive payment of

the filing fee and service of process fee of Divorce action; the Court having reviewed and

considered said motion and the Plaintiff's supporting affidavit attached hereto; the Court being

satisfied that the Plaintiff is unable to pay the filing fee and service of process fee herein based upon

circumstances of poverty; and good cause having been shown; now, therefore, it is hereby

ORDERED that payment of the filing fee by the Plaintiff in the action herein be and is

hereby waived. It is further

ORDERED that the Sheriff in the County in which the Defendant is served shall waive the

fees charged for service of process in this matter.

Dated this ________ day of _____________________, 20___.

BY THE COURT: _________________________________________ CIRCUIT COURT JUDGE ATTEST: _____________________________________ CLERK OF COURTS _____________________________________ DEPUTY (SEAL)

Form UJS-305A Rev. 11/2010

Instructions for Affidavit of Non-Military Status Form Before a default judgment may be entered by the court the plaintiff is required to file an affidavit stating whether the defendant is in the military service and show necessary facts to support the affidavit. If the defendant is only a business entity this affidavit is not required. Complete the top portion of the Affidavit (the caption). Verify that Paragraphs 1-3 are correct. In completing paragraph 4, the military status of a defendant may be determined by conducting an on-line search through the Department of Defense Manpower Data Center (DMDC) search engine at http://www.defenselink.mil/faq/pis/PC09SLDR.html. A plaintiff using the DMDC must attach a printed copy of the certificate generated by the search. The military status of a defendant may be determined by contacting each branch of the military. A plaintiff using this method must attach a response from each branch. The plaintiff, or his or her agent, may also determine a defendant’s military status by personally asking the defendant or another individual that has sufficient reason to know the defendant’s military status. The plaintiff is not limited to the options discussed above, and may have other reason to know the defendant’s military status. Any additional reasons should be explained for review by the court. You must date and sign the Affidavit of Non-Military Status in front of a Notary Public or Clerk of Courts. You must file the original Affidavit of Non-Military Status with the Clerk of Courts before a default judgment may be entered. If you have any additional questions about how to fill out the form or complete a search to determine the military status of a litigant please consult an attorney.

Form UJS-306 Rev. 11/2010

Form UJS-306 Rev. 11/2010

STATE OF SOUTH DAKOTA ) _________________ JUDICIAL CIRCUIT ) SS COUNTY OF ______________________ ) ) ________________________________, Plaintiff vs ________________________________, Defendant

FILE #: ______________________

******************************************************************************** AFFIDAVIT OF NON-MILITARY STATUS

I, being first duly sworn on my oath, depose and state: 1. I am over the age of eighteen years and am competent to make this affidavit. 2. I am the plaintiff or plaintiff’s agent in the above-entitled matter. 3. That I have either made a personal investigation or personally reviewed the business

records of the defendant. 4. As a result of the investigation or review:

it is my belief that the above-named defendant is not in the military services on active duty;

it is my belief that the above-named defendant is in the military service on active duty; I have been unable to determine whether or not the defendant is in the military service

on active duty. My information and belief is based on the following: __________________________________________________________________ __________________________________________________________________ __________________________________________________________________

I understand that any false statements in this document are made under perjury, and that making a false statement is a violation of Federal Law and is subject to both fine and imprisonment. Dated this _______ day of _____________________, ________ ____________________________________________________ Signature Subscribed and sworn to before me this _______ day of _______________, ________ __________________________________________ Notary Public/Clerk of Court

If Notary, my commission expires: ______________

(SEAL)

Instructions for Plaintiff in Pro Se Divorce with Children PLEASE READ ALL INSTRUCTIONS BEFORE BEGINNING TO FILL OUT ANY DOCUMENTS. IT IS IMPORTANT TO FOLLOW ALL INSTRUCTIONS ACCURATELY.

1. Complete Case Filing Statement (UJS-232) available in this packet. 2. Read and follow instructions for Summons with Children Form (UJS-311).

3. Read and follow instructions for Complaint with Children Form (UJS-312).

4. Read and follow instructions for Financial Affidavit (UJS-304).

5. Read and follow instructions for Affidavit of Non-Military Status (UJS-306).

6. Read and follow instructions for Child Support Order Filing Data Form (UJS-

089).

7. Make at least two photocopies of all documents, one for you and one to serve on your spouse.

8. Take the original completed Case Filing Statement, Complaint, Summons, Financial Affidavit, Affidavit of Non-Military Status, and Child Support Order Filing Data (documents in paragraphs 1-6) to the Clerk of Court and tell the Clerk you are filing for divorce. There is a $95.00 filing fee that must be paid to begin your divorce. If you cannot afford the filing fee, read and follow the instructions for the Affidavit of Indigency (Form UJS-305). The Clerk will present the Affidavit to the Judge before any filing and you will be notified if the fee has been waived or if you must pay. If the waiver is accepted, you will not be charged the filing fee and the Sheriff will not charge you for service of process. If the Application for Indigent Waiver of Filing Fee is denied by the judge, you must pay the filing fee in order to proceed with the case. If the filing fee isn’t paid within 30 days, your case will be dismissed.

9. Copies of the following documents shall be served on the defendant: Complaint, Summons, including a copy of the South Dakota Parenting Time Guidelines, Financial Affidavit, Affidavit of Non-Military Status, Child Support Order Filing Data Form, and Civil Case Filing Statement. Additionally, service should include the following blank documents for the defendant’s use: Answer (With Children), Answer and Counterclaim with Children, Stipulation and Settlement With Children, and Affidavit as to Jurisdiction and Grounds for Divorce.

Form UJS-307A Rev. 11/2010 1

10. Service may be accomplished by either:

a. Reading and following the instructions for Notice and Admission of Service of Summons and Complaint, which should be used if you believe the defendant will sign and return within 20 days OR

b. Reading and following the instructions for Affidavit of Personal Service, which is service by Sheriff, constable, or other office process server

11. Upon receipt of proof of service by either method, make a copy of proof of

service for you and file the original proof of service with the Clerk of Court. Filing proof of service starts the 30 days for the Answer and the 60 days for finalization of the divorce.

12. “Answer With or Without Children (UJS-318)” or “Answer and Counterclaim with Children (UJS-317)” must be filed within 30 days after service of the Summons and Complaint. If an “Answer” or “Answer and Complaint” are filed continue to (14). If no Answer or Answer and Complaint are filed, continue to (17)

13. Parties may reach an agreement before a court hearing. If an agreement can be reached, the parties should follow the instructions for Stipulation and Settlement Agreement with Children (UJS-325) and Affidavit of Plaintiff and Defendant as to Jurisdiction and Grounds for Divorce. After sixty days, read and follow the instructions for Judgment and Decree of Divorce Form (UJS-326A).

14. If the parties are unable to reach an agreement, a hearing will be scheduled and

both parties will receive a Notice of Hearing from the Clerk of Courts.

15. If the judge signs the Decree of Divorce, the Clerk of Courts will send you a copy of the signed Judgment and Decree of Divorce. You then must read and follow the Instructions for Notice of Entry of Decree of Divorce

16. In the event the defendant does not file an Answer or Answer and Complaint within thirty days, read and follow instructions for Affidavit of Default Form (UJS-320) and Instructions for Notice of Intent to Take Default Judgment (UJS-321). Make at least two photocopies of these documents, one for you and one to be served on the defendant. File the original documents with the Clerk of Court.

17. Service may be accomplished by reading and following the instructions for Affidavit of Service by Mail Form.

18. Read and follow the instructions for Judgment and Decree of Divorce (Default) Form (UJS-326A) and Pro Se Divorce Checklist (UJS-303A).

Form UJS-307A Rev. 11/2010 2

Form UJS-307A Rev. 11/2010 3

19. File the original Notice of Intent to Take Default Judgment (UJS-321), Affidavit of Default (UJS-320), Affidavit of Service by Mail (UJS-313), Judgment and Decree of Divorce (UJS-326A) and Pro Se Checklist (UJS-303A) with the Clerk of Court.

20. If the judge signs the Decree of Divorce, the Clerk of Courts will send you a copy of the signed Judgment and Decree of Divorce. You must then read and follow the Instructions for Notice of Entry of Decree of Divorce (UJS-327).

21. If at any time the parties reconcile their differences and wish to dismiss the divorce, read and follow the directions for Stipulation and Order for Dismissal Form (UJS-328).

Instructions for Defendant in Pro Se Divorce with Children IF YOU HAVE RECEIVED SERVICE OF DIVORCE, YOU MUST READ AND FOLLOW THESE INSTRUCTIONS WITHIN THIRTY DAYS OF RECEIPT. PLEASE READ ALL INSTRUCTIONS BEFORE BEGINNING TO FILL OUT ANY DOCUMENTS. IT IS IMPORTANT TO FOLLOW ALL INSTRUCTIONS ACCURATELY.

1. Complete Case Filing Statement, available from the Clerk of Courts or the UJS website.

2. If you agree with everything stated in the Complaint, you are not required to file

an answer, however, the court may grant the Plaintiff everything requested in the Complaint and the judge will enter a Decree of Divorce in Default.

3. If you agree with everything state in the Complaint, but wish to prevent the court

from entering a Decree of Divorce in Default, you must read and follow the directions for Answer.

4. If you and your spouse do not agree to the use of irreconcilable differences as

grounds for divorce, read and follow the Instructions for Answer and Counterclaim With Minor Children.

5. Make at least 2 copies of your response, one for you own file and one to serve on

the Plaintiff.

6. Service on the Plaintiff may be completed by mail. Read and follow the instructions for Affidavit of Service by Mail Form.

7. File the Case Filing Statement, your response (either the Answer or Answer and

Complaint) and Affidavit of Service by Mail with the Clerk of Court.

8. Parties may reach an agreement before a court hearing. If an agreement can be reached, the parties should follow the instructions for Stipulation and Settlement Agreement with Children and Affidavit of Plaintiff and Defendant as to Jurisdiction and Grounds for Divorce.

9. If the parties are unable to reach an agreement, or if you fail to file and answer, a

hearing will be scheduled and both parties will receive a Notice of Hearing from the Clerk of Courts.

10. If at any time the parties reconcile their differences and wish to dismiss the

divorce, read and follow the directions for Stipulation and Order for Dismissal.

Form UJS-308A Rev. 11/2010

Revised 1-03 UJS Form 232

CASE FILING STATEMENT (Two-Party Cases)

Please check the case type you are filing:

CIV: Tort Contract Name Change Paternity Quiet Title Claim and Delivery Foreign Judgment Administrative Appeal Condemnation Forcible Entry & Detainer Habeas Corpus Other Writ Other DIV: Divorce Annulment Separate Maintenance SMC: Small Claims

Complete a form for each additional Plaintiff or Defendant

Plaintiff: _________________________________ ______________________ _________ ______ Last/*Business name First Middle Suffix

Address:_______________________________________________________________________ City: ________________________________________ State: __________ Zip: _____________ Date of Birth: _____ ____ ______ mm dd yyyy Social Security #: _____ - ____ - ______ and/or Drivers license # _____________State ____ *Employer ID (if Plaintiff is a business) _________________________ Attorney: ____________________________ ____________________ _________ _______ Last First Middle Suffix

Address: _______________________________________ Phone: _______________________ City: _______________________________________ State: __________ Zip: _____________

Defendant: __________________________________ __________________ _________ _______ Last/*Business name First Middle Suffix

Address:_______________________________________________________________________ City: ________________________________________ State: __________ Zip: _____________ Date of Birth: _____ ____ ______ mm dd yyyy Social Security #: _____ - ____ - ______ and/or Drivers license #______________ State ___ *Employer ID (if Defendant is a business) _________________________ Attorney: ____________________________ ____________________ ________ ________ Last First Middle Suffix

Address: _______________________________________ Phone: _______________________ City: _______________________________________ State: __________ Zip: _____________

INSTRUCTIONS FOR CHILD SUPPORT ORDER FILING DATA FORM

(UJS/DSS FORM 089)

PLEASE READ THE FOLLOWING INSTRUCTIONS CAREFULLY. COMPLETE ALL SECTIONS OF THIS FORM AND FILE THE FORM WITH THE CLERK OF COURT’S OFFICE IN WHICH YOUR CASE IS BEING HANDLED.

As a result of federal welfare reform, effective October 1, 1998, new procedures apply to child support cases in South Dakota. The most significant changes are:

The Department of Social Services will be the central case registry for the state. The Department of Social Services will be the central payment center for the state and will handle all disbursements.

Your failure to update certain information on file with the Department of Social Services and the court by using this Child Support Order Filing Data Form can have serious legal consequences regarding your legal right to be notified of enforcement actions regarding your child support obligations.

INSTRUCTIONS

1. Upon entry of any new or modified court order for child support, the parties in the

case must personally, or through their attorney, file a completed Child Support Order Filing Data Form with the clerk of court.

2. Whenever any information on the form changes (for example, you change jobs or

place of residence), you must complete a new form and file it with the clerk of court’s office.

PLEASE NOTE: You are responsible for ensuring that all information is accurate and

current. If you fail to keep the information current, you may be served with future notices and orders of enforcement actions regarding your child support obligation at the last residential or employer address provided. Failure to appear in court when so notified may result in a default judgment being entered against you.

3. If a protection order for domestic violence against a spouse or abuse of a child is in

effect (whether temporary or permanent), check the appropriate box on the form and attach a copy of the order to the form.

4. Keep the pink copy for your records and file the remaining copies with the clerk of

court’s office. THIS FORM WILL BE TREATED AS A CONFIDENTIAL DOCUMENT BY THE COURT (This means the information will not be released to the public as defined by SDCL 15-15A-2(1)-(3)).

Keep the pink copy for your records; file white and yellow copies with clerk of court UJS/DSS Form 089 (12/07)

To be completed by clerk of court: CONFIDENTIAL Please type or print. County: _________________________________ FORM □ Original Court Order __ __ __ __ __ __ __ __ __ __ __ __ __

(Docket Number) □ Modification Change Date______________ Clerks Initials_________ □ Information Change Child Support Order Filing Data

PLAINTIFF/PETITIONER DEFENDANT/RESPONDENT (Circle one) (Circle one) Name: _____________________________________ Name: ______________________________________ SSN: ___________________________ SEX: M F SSN: ___________________________ SEX: M F Driver’s License # : __________________________ Driver’s License # : ___________________________ Date of Birth:______________ Race:____________ Date of Birth:______________ Race:______________ Residential Address: _________________________ Residential Address __________________________ ____________________________________________ _____________________________________________ Mailing Address (if different from above)_______________ Mailing Address (if different from above)________________ ____________________________________________ _____________________________________________ Phone No. __________________________________ Phone No. ___________________________________ Attorney Name______________________________ Attorney Name ______________________________ Attorney Phone No.__________________________ Attorney Phone No.___________________________ Employer ___________________________________ Employer ____________________________________ Employer Address ___________________________ Employer Address ____________________________ ____________________________________________ _____________________________________________ Employer Phone No. _________________________ Employer Phone No. __________________________ Second Employer ____________________________ Second Employer _____________________________ Second Employer Address ____________________ Second Employer Address _____________________ ____________________________________________ _____________________________________________ Second Employer Phone No.__________________ Second Employer Phone No. ___________________

Full names, sex of child, dates of birth, and social security numbers of the children involved in this proceeding (if more than six, write on back of form): ________________________________ SEX: M / F DOB: _____________ SSN: ______-_____-_______ ________________________________ SEX: M / F DOB: _____________ SSN: ______-_____-_______ ________________________________ SEX: M / F DOB: _____________ SSN: ______-_____-_______ ________________________________ SEX: M / F DOB: _____________ SSN: ______-_____-_______ ________________________________ SEX: M / F DOB: _____________ SSN: ______-_____-_______

Is a protection order for domestic violence against a spouse or abuse of a child currently in effect? Yes No Unknown If yes, please attach a copy of the order.

I certify that the above information is true and accurate concerning Plaintiff/Petitioner Defendant/Respondent and is accurate to the best of my knowledge as to the other party, or is

unavailable. The information is unavailable because ___________________________________________ __________________________________________________________________________________________

__________________________________________ I hereby certify that the information required by SDCL 25-7A-56.7 is not available. _______________________ Circuit Judge

Signature Date

Instructions for Summons With Minor Children Form

• Complete the top portion of the Summons. (NOTE: The top portion of each form is called the “caption” and the

information will be the same on every form you fill out.)

o Fill in the name of the county in which you are filing for divorce. This must be the county in which either you or your spouse live.

o Fill in the name of the Judicial Circuit that the county in which you are filing for divorce is located. (Ex. First,

Second, Third, etc.) If you do not know, contact the Clerk of Courts in your county.

o Fill in your full legal name where it says “Plaintiff” and your spouse’s name where it says “Defendant.”

o When you file your papers, the Clerk of Court will assign a case number which you will insert in the space following “DIV.” For example, if your case number is 011234, your form should show DIV.: 01-1234. This case number should appear on all your papers.

• You must date and sign the Summons at the bottom. You must also include your address and telephone number. You must

also attach a copy of the South Dakota Parenting Time Guidelines to each copy of the Summons. • Make at least 2 photocopies of the signed Summons; one for you and one to be served on your spouse. The original will

be filed with the Clerk of Courts. • It is very important that you read and follow the Temporary Restraining Order that becomes automatic when you file for

divorce. Both parties are required to obey the Temporary Restraining Order. Violation of any of these terms could subject you to penalties and delay you divorce. Read it carefully.

Form UJS-311 Rev. 11/2010 1

STATE OF SOUTH DAKOTA ) IN CIRCUIT COURT :SS COUNTY OF _______________ ) ________ JUDICIAL CIRCUIT _________________________, DIV _______ Plaintiff,

vs. SUMMONS (WITH CHILDREN)

_________________________, Defendant

TO THE ABOVE-NAMED DEFENDANT: YOU ARE HEREBY SUMMONED and required to answer the Complaint of the Plaintiff, a copy of which is herewith served upon you, and to serve the undersigned a copy of your Answer or other proper response within thirty (30) days from the date of the service of the Summons upon you, exclusive of the day of service. IF YOU FAIL TO DO SO, judgment by default may be taken against you for the relief demanded in the Complaint 60 days after service of this Summons and Complaint.

NOTICE OF TEMPORARY RESTRAINING PROVISIONS South Dakota law provides that upon the filing and service of the Summons and Complaint on the Defendant, a Temporary Restraining Order shall be in effect against both parties until the final decree is entered or until further order of the court.

TEMPORARY RESTRAINING ORDER BY ORDER OF COURT, YOU AND YOUR SPOUSE ARE: (1) Restrained from transferring, encumbering, concealing or in any way dissipating or

disposing of any marital assets, without the written consent of the other party or an order of the Court, except as may be necessary in the usual course of business or for the necessities of life. You are to notify the other party of any proposed extraordinary expenditures and to account to the Court for all extraordinary expenditures made after the temporary restraining Order is in effect;

(2) Restrained from molesting or disturbing the peace of the other party; and (3) Restrained from removing any minor child of the parties from the state without the written

consent of the other party or an order of the court.

Form UJS-311 Rev. 11/2010 2

Form UJS-311 Rev. 11/2010 3

INITIAL CUSTODY ORDER Pursuant to SDCL 25-4A-11 et seq., upon service of this Summons the attached visitation guidelines become an Order of this Court. Any minor children of this marriage shall remain in the custody of the parent who has been the primary caregiver for the minor children for the majority of time in the 30 days preceding the filing of this Summons and Complaint, unless the parties otherwise agree. The guidelines are subject to any provisions established by a South Dakota Court in a temporary or permanent domestic protection order, an order arising out of an abuse or neglect proceeding, as bond condition arising out of a criminal case, and an order in any other proceeding affecting child custody or support. The attached guidelines shall apply and continue in effect unless the parties agree or the Court otherwise orders. The imposition of these standard guidelines create no presumption as to who shall be awarded custody at any hearing. An agreement by the parties for visitation other than the standard guidelines must be in writing, signed by both parties, and filed with the Court. If either party objects to this initial custody order, the Court shall order a hearing which shall be held not later than 30 days after the date of the objection. The Court shall then issue its temporary custody and visitation order after considering the best interest of the child(ren) consistent with the provisions of SDCL 25-4-45. IF EITHER SPOUSE VIOLATES ANY OF THESE PROVISIONS, THAT SPOUSE MAY BE IN CONTEMPT OF COURT. Dated this _____ day of ______________, 20___.

________________________________________ ______________________________________ Plaintiff’s Signature Print or Type Name ________________________________________ ______________________________________ Street Address City, State, Zip ______________________________________ Telephone Number

Instructions for Complaint With Minor Children Form

CAUTION: THIS FORM IS DESIGNED FOR DIVORCES WITH MINOR

CHIDREN WHERE THE PHYSICAL CUSTODY (WHERE THE CHILDREN WILL LIVE) IS NOT IN DISPUTE. DISPUTED CHILD

CUSTODY CASES ARE VERY COMPLICATED AND VERY EXPENSIVE. YOU ARE STRONGLY ADVISED TO MEET WITH AND HIRE AN ATTORNEY TO PROTECT YOUR RIGHTS AND INTERESTS

IN A DISPUTED CHILD CUSTODY CASE.

A Complaint is required to begin a divorce action. A Complaint tells your spouse (and the court) what you are asking for and why. Please note that you are not divorced until a Judgment and Decree of Divorce has been signed by the Judge. This is merely the start of your divorce action. • Complete the top portion of the Complaint. (NOTE: The top portion of each form is

called the “caption” and the information will be the same on every form you fill out)

o Fill in the name of the county in which you are filing for divorce. This must be the county in which either you or your spouse live.

o Fill in the name of the Judicial Circuit that the county in which you are filing for divorce is located. (Ex. First, Second, Third, etc.) If you do not know, contact the Clerk of Courts in your county.

o Fill in your full legal name where it says “Plaintiff” and your spouse’s name where it says “Defendant”

o When you file your papers, the Clerk of Court will assign a case number which you will insert in the space following “DIV.” For example, if your case number is 011234, your form should show DIV.: 01-1234. This case number should appear on all your papers.

• Answer or complete the paragraphs according to the following directions:

1. Fill in the name of the county and state in which you live. 2. Fill in the name of the county and state in which your spouse lives. 3. Fill in the information regarding date and location of your marriage. If the

parties are living apart, the date they began to do so.

4. Check the appropriate grounds for divorce in the event that you and your spouse do not agree to use of irreconcilable differences. Please understand that

Form UJS-312 Rev. 11/2010 1

seeking a divorce for other than irreconcilable differences is likely to result in a contested divorce which is both costly and complex. In those circumstances, you are strongly advised to meet with and hire and attorney to fully protect your interests. You are not required to check other grounds for divorce.

5. Indicate the number of children born of your relationship/marriage or adopted into it

6. Fill in the children’s names and dates of birth, and, if adopted, adoption dates. Advise if you have other children that are not involved in this divorce

action because they have a parent other than the Defendant Ask the Clerk of Courts whether you are required to attend a parenting

class, a SMILE class or other such class prior to the Judge signing a final Judgment and Decree of Divorce.

• For the Court to have the power to make custodial/parenting time orders, certain

information must be provided.

1. Indicate where the children have lived during the past five years and who they lived with and the date they lived in each location. If the children have not lived with anyone but the parents, please write out in the lines provided: “With the parents only” and then simply provide the county/state information for the past five years.

2. Indicate whether there have been previous court hearings concerning the custody of the children. If so, indicate in which county, state and year those proceedings happened.

3. Indicate whether anyone other than the parents has ever had legal custody (court-ordered) of any of the children.

4. This paragraph presumes there is no custody fight and asks the Court to award legal custody to both parents and grant physical custody to one parent, or as otherwise agreed between the parties. Circle Plaintiff or Defendant to indicate which parent you think the children should live with most of the time.

5. You need to nothing. This paragraph simply informs the Court that you have some marital property and some marital debts that need to be divided between you.

6. This paragraph informs the Court whether the parties can support themselves following a divorce and indicates whether the Plaintiff is seeking alimony. Circle the appropriate words in each sentence.

• Answer or complete set of paragraphs telling the Court what you want:

1. You do not need to write anything for this paragraph. It tells the court that you are asking for a divorce from your spouse.

2. You do not need to write anything for this paragraph. It tells the court that you are asking the court to equitably divide your property and debts.

3. Indicate if either party wishes to have his/her former last name restored. Insert their date of birth.

Form UJS-312 Rev. 11/2010 2

4. You do not need to write anything for this paragraph. It tells the court that you are requesting any other relief that is equitable and just.

• You must date and sign the Complaint and fill in your address and phone number. • Make at least two photocopies of the signed Summons; one for you and one to be

served on your spouse. The original copy will be filed with the Clerk of Courts. • Complete the Verification portion: Do not fill out the verification until you are in

the presence of a notary public or clerk of court. Make sure to bring identification to show the notary public or clerk of court. A notary public can usually be found at the bank and sometimes at the courthouse.

WARNING: By signing your name, you are telling the court that you are telling the truth and that you have a good faith reason for your requests. If you are not telling the truth, if you are misleading the court, or if you are serving or filing this document for an improper purpose, the court could find you in contempt or you could be prosecuted for not telling the truth.

Form UJS-312 Rev. 11/2010 3

STATE OF SOUTH DAKOTA ) IN CIRCUIT COURT :SS COUNTY OF _______________) ________ JUDICIAL CIRCUIT _________________________, DIV _______ Plaintiff, vs. COMPLAINT WITH MINOR CHILDREN _________________________, Defendant

1. Plaintiff is a resident of ________________ County, State of ________________. 2. Defendant is a resident of ______________ County, State of ________________. 3. Plaintiff and Defendant were married on ______________________ (date) in

_______________________________________ (city and state). If the parties are living apart, the date upon which they began to do so is ___________________.

4. Irreconcilable differences have arisen between the Plaintiff and Defendant which

necessitates the dissolution of the marriage. Alternatively further grounds for dissolution of marriage exist under SDCL 25-4-2, subsection: ___ (1) Adultery; ___ (2) Extreme cruelty; ___ (3) Willful desertion; ___ (4) Willful neglect; ___ (5) Habitual intemperance; ___ (6) Conviction of felony;

5. We have ______ minor children together, born or adopted. The Wife is/is not

(circle one) pregnant. 6. The children’s names and dates of birth are:

___________________________ __________________________

___________________________ __________________________

___________________________ __________________________

___________________________ __________________________

Form UJS-312 Rev. 11/2010 4

7. During the past five years the children have lived with the following persons at the times and places indicated below:

Caretaker=s Name County/State Dates

______________________ _________________ ______________________

______________________ _________________ ______________________

______________________ _________________ ______________________

8. There have/have not (circle one) been prior court proceedings regarding the custody of

the children. If so, that action took place in ___________County, ___________ State in the year ____________.

9. Other than the parties, no one has ever had legal custody of any of these children except

________________________ (if none, so state). 10. Both parties are fit and proper persons to share the joint legal custody of the child or

children. Physical custody should be vested in the Plaintiff/Defendant (circle one) subject to the visitation established in the South Dakota Guidelines or set by court order,

OR, in the alternative, Plaintiff seeks sole legal and physical custody for the following

reasons: _________________________________________________________________ _________________________________________________________________ 11. The parties have accumulated property and debts during the course of the marriage which

must be equitably divided. 12. Plaintiff seeks spousal support (alimony). Yes ________ No _________

WHEREFORE, Plaintiff prays for Judgment as follows: 1. For a decree of divorce dissolving the marriage of the parties. 2. For an equitable division of the marital property and debts. 3. That Plaintiff’s / Defendant’s (circle one) last name be restored to:

________________________________. Date of birth:_____________________. 4. That custody of the child or children be established as set out above. 5. That child support be set by the Referee.

Form UJS-312 Rev. 11/2010 5

6. For alimony, if requested above. 7. For such other and further relief as may be equitable and just.

Dated ___________________, 20____.

_______________________________________ Plaintiff=s Signature

_______________________________________ Print or type name

_______________________________________ Street Address

________________________________________ City/State/Zip ________________________________________ Phone Number

VERIFICATION

STATE OF SOUTH DAKOTA )

: SS COUNTY OF ________________ )

Plaintiff, being first duly sworn, deposes and states that he or she verifies the facts expressed within the Complaint are true. Dated ___________________, _______. __________________________________________ Plaintiff’s Signature Subscribed and sworn to before me this ______ day of ______________, ______. _________________________________________ Notary Public/Clerk of Courts (SEAL) If Notary, my commission expires:_____________

Form UJS-312 Rev. 11/2010 6

Instructions for Affidavit of Service by Mail Form The Affidavit of Service by Mail is the sworn statement that the party serving papers, other than the Summons and Complaint, actually mailed those papers to the other party on the date indicated at the correct address with the correct postage. • The Affidavit of Service by Mail may only be completed after the papers/documents listed are placed in the United

States Mail. • Complete the top portion of the Affidavit of Service by Mail (the “caption”). This information will be the same as

on the other documents, i.e. Summons, Complaint, etc. • Fill in the blanks as indicated on the Affidavit. • Make a photocopy of the Affidavit for your file. The original will be filed with the Clerk of Courts. • You must sign and date the Affidavit in the presence of a notary public or clerk of court. Make sure to bring

identification to show the notary public or clerk of court. A notary public can usually be found at the bank and sometimes at the courthouse.

Form UJS-313 Rev. 11/2010 1

STATE OF SOUTH DAKOTA ) IN CIRCUIT COURT :SS COUNTY OF _______________) ________ JUDICIAL CIRCUIT _________________________, DIV _______ Plaintiff,

vs. AFFIDAVIT OF SERVICE BY MAIL _________________________, Defendant I, ____________________________________________, being sworn, state that on (Name of person who mailed documents) __________________________________, 20_____, I served the following papers: _____________________________________________________________________________ (List all papers mailed to the other party) by placing true copies of the documents in an envelope addressed to: ___________________________________ at _______________________________________ (Name of other party) (Other party’s address) in the City of _________________________, State of _______________, Zip Code _________ and depositing the envelope, with sufficient postage, in the United States Mail at _________________________________. (Place mailed from)

Dated __________________, 20___. _________________________________________ Signature of Person Who Mailed Documents (Sign only in front of a Notary or Clerk of Courts) Name: (Printed) _______________________________ Sworn/affirmed before me this Address: _________________________________ _______ day of _____________, _____. City/State/Zip: ____________________________ ________________________________ Telephone: (_____)________________________ (Notary Public/Clerk of Courts) If Notary, my commission expires:_____________________ (SEAL)

Form UJS-313 Rev. 11/2010 2

Instructions for Affidavit of Personal Service Form

The Affidavit of Personal Service is the sworn statement of the person serving papers that he or she actually handed those papers to the other party. Under state law, a party (the plaintiff or defendant) to the divorce is not allowed to personally serve the other party. You must have the other party served by someone who is not involved in the divorce such as a sheriff or process server. Private citizens can serve papers if they meet the qualifications of process servers in the state where the service is made. It is safer to have a sheriff, constable, or other official process server serve the documents. • Complete the top portion of the Affidavit of Personal Service (the “caption”). This information will be the same as

on the Summons and Complaint • The Affidavit of Personal Service may only be completed after the papers/documents listed are actually handed to

the opposing party. • The blanks should be filled in with the appropriate information. • The person who served the documents must sign and date the Affidavit in the presence of a notary public or

clerk of court. Make sure to bring identification to show the notary public or clerk of court. A notary public can usually be found at the bank and sometimes at the courthouse.

• Upon receipt of proof of service, make a copy for you and file the original with the Clerk of Court. Filing proof of

service starts the 30 days for the Answer and the 60 days for finalization of the divorce.

Form UJS-314 Rev. 11/2010 1

STATE OF SOUTH DAKOTA ) IN CIRCUIT COURT :SS COUNTY OF _______________ ) ________ JUDICIAL CIRCUIT _________________________, DIV _______

Form UJS-314 Rev. 11/2010 2

Plaintiff, vs. AFFIDAVIT OF _________________________, PERSONAL SERVICE Defendant I, ____________________________________________, being sworn, state that I am (Name of person who served documents) registered or eligible to register as a voter in the State of _______________, and that on ______________________, 20____, I served ________________________________________ _____________________________________________________________________________ (List all papers handed to the other party) on ___________________________________ by handing a true and correct copy of each of the (Name of other party) documents to him/her. Dated __________________, 20___.

_________________________________________ Signature of Person Who Served Documents (Sign only in front of a Notary or Clerk of Courts) Name: (Printed) _______________________________

Sworn/affirmed before me this Address: _________________________________

_______ day of _____________, _____. City/State/Zip: ____________________________

________________________________ Telephone: (_____)________________________

(Notary Public/Clerk of Courts)

If Notary, my commission expires:______________________ (SEAL)

Instructions for Notice and Admission of Service of Summons and Complaint Form

The Notice and Admission of Service of Summons and Complaint asks the Defendant to admit that he or she has received a copy of the Summons and Complaint. You should use this form only if you think the Defendant will sign and return it promptly. Otherwise, you should have the Summons and Complaint served by the sheriff or process server. In that case, only use the Affidavit of Personal Service Form. The Defendant is not required to sign the Notice and Admission of Service of Summons and Complaint, but not signing it and mailing it back to you can result in the Defendant having to reimburse you for the cost of service by the sheriff or other process server. If the Defendant chooses to sign the Notice and Admission of Service of Summons and Complaint, he/she should complete the form and return it to you. If the Defendant refuses to sign and return the Notice and Admission of Service, you must have the Summons and Complaint served by the sheriff’s office or another qualified person. • Complete the top portion of the Notice and Admission of Service of Summons and Complaint (the “caption”). This

information will be the same as on the Summons and Complaint. • Fill in the date the Summons and Complaint were sent and the address of the Defendant where the documents were

sent. • Sign and date the Notice and Admission, including your telephone number. • Upon receipt, the Defendant shall enter the date the copy of the Summons and Complaint were received and sign

and date the Admission, including mailing address and telephone number. • The Defendant should make a copy of the completed Notice and Admission forms for his/her own records and

return the original document to the Plaintiff. • Plaintiff should also make a copy for his/her own records and then file the original Notice and Admission of

Service of Summons and Complaint with the Clerk of Court. • The divorce may not be finalized until sixty days after the day of service. (The day of service is not counted.)

Form UJS-315 Rev. 11/2010 1

STATE OF SOUTH DAKOTA ) IN CIRCUIT COURT

:SS COUNTY OF _______________ ) ________ JUDICIAL CIRCUIT _________________________, DIV _______ Plaintiff, vs. NOTICE AND ADMISSION OF SERVICE OF SUMMONS _________________________, AND COMPLAINT Defendant TO THE ABOVE NAMED DEFENDANT: The enclosed Summons and Complaint are sent to you pursuant to SDCL § 15-6-4. You must complete the admission part of this form and return the original to the sender within 20 days. In completing the form, you must sign and date it. If you do not complete and return the form within 20 days, you may be required to pay any expenses incurred in having the papers delivered to you personally. After you complete and return this form, you must then answer (respond to) the complaint within 30 more days. If you fail to answer in time, judgment may be entered against you by default as requested in the complaint. I hereby certify that this Notice and Admission of Service was mailed on ________________ (date) to the Defendant at the following address: ________________________________ ________________________________ ________________________________ _________________________________________ Plaintiff’s Signature _________________________________________ Printed or typed name _________________________________________ Date of Signature _________________________________________ Telephone Number

Form UJS-315 Rev. 11/2010 2

Form UJS-315 Rev. 11/2010 3

ADMISSION OF SERVICE OF SUMMONS AND COMPLAINT I admit receiving a copy of the Summons and Complaint in this matter. This admission merely acknowledges receipt of the papers; it does not admit or deny any of the statements contained in those papers. Dated ________________________, _______. _________________________________________ Signature of Defendant _________________________________________ Typed or Printed Name _________________________________________ Mailing address _________________________________________ City, State and Zip Code _________________________________________ Telephone Number

Instructions for Answer and Counterclaim With Minor Children

***This form may be completed by the Defendant in a divorce action***

An Answer is a written response by the Defendant to the Complaint to protect the Defendant’s rights. A Counterclaim is the way a Defendant informs the court and the Plaintiff that he or she also wants a divorce and upon what grounds. It tells the Plaintiff (and the court) what the Defendant is asking for and why. If the Defendant files and Answer and Counterclaim, he/she must file the Answer and Counterclaim with the Clerk of Courts and serve it on the Plaintiff within thirty days after Defendant is served with the Summons and Complaint. Service of the Answer and Counterclaim may be made by mail. If an Answer is not filed, the court may grant the Plaintiff everything requested in the Complaint and the Judge will enter a Decree of Divorce in Default. The Defendant is not required to file an Answer and Counterclaim if he or she agrees with everything in the Complaint. • Complete the top portion of the Answer (the “caption”) just as it appears in the Summons and Complaint. • Answer or complete paragraphs 1-4. You must respond to each and every paragraph of the Complaint for

Divorce. (You must Admit, Deny, Partially Admit or Deny, or state you Do Not Have Enough Information to Answer.)

• Complete the “Counterclaim” section:

1. Fill in the name of the county in which you reside 2. Fill in the name of the county in which your spouse resides. 3. Fill in the information regarding the date of your marriage. If the parties are living apart, the date they began to

do so. 4. Check the appropriate grounds for divorce in the event that you and your spouse do not agree to the use of

irreconcilable differences. Please understand that seeking a divorce for other than irreconcilable differences is likely to result in a contested divorce which is both costly and complex. In those circumstances, you are strongly advised to meet with and hire an attorney to fully protect your interests. You are not required to check other grounds for divorce.

5. Indicate the number of children born of your relationship/marriage or adopted into it. 6. Fill in the children’s names and dates of birth, and, if adopted, adoption dates.

• For the Court to have the power to make custodial/visitation orders, certain information must be provided.

7. Indicate where the children have lived during the past five years and who they lived with and the date they lived in each location. If the children have not lived with anyone but the parents, please write out in the lines provided: “With the parents only” and then simply provide the county/state information for the past five years.

8. Indicate whether there have been previous court hearings concerning the custody of the children. If so, indicate in which county, state and year those proceedings happened.

9. Indicate whether anyone other than the parents has ever had legal custody (court-ordered) of any of the children. 10. This paragraph presumes there is no custody fight and asks the Court to award legal custody to both parents and

grant physical custody to one parent. Circle Plaintiff or Defendant to indicate which parent you think the children should live with most of the time. If you and your spouse do not agree on custody and visitation, then you should seek the advice of an attorney immediately.

11. You do not need to write anything for this paragraph. It tells the court that you and your spouse own property and have debts which need to be divided.

12. Circle or otherwise indicate the correct information in this paragraph so that the court knows how to handle support issues.

• Answer or complete the last four paragraphs which tell the court what you are asking for in the divorce:

1. You do not need to write anything for this paragraph. It tells the court that you are asking for a divorce from your spouse.

2. You do not need to write anything for this paragraph. It tells the court that you are asking the court to equitably divide your property and debts.

Form UJS-317 Rev. 11/2010 1

3. Indicate if either party wishes to have his/her former last name restored. Insert their date of birth. 4. You do not need to write anything for this paragraph. It tells the court that you are requesting any other relief

that is equitable and just. • You must date and sign the Answer and Counterclaim and provide your address and telephone number. • Complete the Verification portion: Do not fill out the verification until you are in the presence of a notary public

or Clerk of Court. Make sure you bring identification to show the notary or Clerk of Court. A notary public can usually be found at the bank and sometimes at the courthouse.

WARNING: By signing your name, you are swearing to the court that you are telling the truth and that you have a good faith reason for your requests. If you are not telling the truth, if you are misleading the court, or if you are serving or filing this document for an improper purpose, the court could find you in contempt or you could be prosecuted for not telling the truth.

Form UJS-317 Rev. 11/2010 2

STATE OF SOUTH DAKOTA ) IN CIRCUIT COURT :SS COUNTY OF _______________ ) ________ JUDICIAL CIRCUIT _________________________, DIV _______ Plaintiff, vs. ANSWER AND COUNTERCLAIM WITH _________________________, MINOR CHILDREN Defendant Defendant answers the Complaint as follows: 1. I AGREE with the following paragraphs of the Complaint for Divorce:

________________________________________________________________________________________________________________________________________________________ ____________________________________________________________________________

2. I DISAGREE with the following paragraphs of the Complaint for Divorce: ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________

3. I either PARTIALLY Agree or Disagree with the following paragraphs of the Complaint for

Divorce: _____________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________

4. I DO NOT HAVE ENOUGH INFORMATION to either agree or disagree with the following paragraphs of the Complaint for Divorce:

____________________________________________________________________________ ________________________________________________________________________________________________________________________________________________________

Form UJS-317 Rev. 11/2010 3

If you wish to explain your answers to the previous statements please use the space below. If you do not wish to explain your answers further omit this page when you submit your Answer to the Clerk of Courts.

1. ______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ 2. __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ 3. __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________

4. __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ ____________________________________________________________________________________________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________

Form UJS-317 Rev. 11/2010 4

Form UJS-317 Rev. 11/2010 5

COUNTERCLAIM

1. Plaintiff is a resident of ________________ County, State of ________________. 2. Defendant is a resident of ______________ County, State of ________________. 3. Plaintiff and Defendant were married on ____________________________ . If the parties are

currently living apart, the date upon which they started living apart is __________________. 4. Irreconcilable differences have arisen between the Plaintiff and Defendant which necessitates

the dissolution of the marriage. Further grounds for dissolution of marriage exist under SDCL 25-4-2, subsection: ___ (1) Adultery; ___ (2) Extreme cruelty; ___ (3) Willful desertion; ___ (4) Willful neglect; ___ (5) Habitual intemperance; ___ (6) Conviction of felony;

5. We have ______ minor children together, born or adopted. The Wife is/is not (circle one)

pregnant. 6. The children=s names and dates of birth are:

___________________________ __________________________

___________________________ __________________________

___________________________ __________________________

___________________________ __________________________

7. During the past five years the children have lived with the following persons at the times and

places indicated below:

Caretaker=s Name County/State Dates ______________________ _________________ ______________________

______________________ _________________ ______________________

______________________ _________________ ______________________

8. There have/have not (circle one) been prior court proceedings regarding the custody of the

children. If so, that action took place in ___________County, ___________ State in the year ____________.

9. Other than the parties, no one has ever had legal custody of any of these children except ________________________ (if none, so state).

10. Both parties are fit and proper persons to share the joint legal custody of the child or children.

Physical custody should be vested in the Plaintiff/Defendant (circle one) subject to the visitation established in the South Dakota Guidelines or set by court order.

11. The parties have accumulated property and debts during the course of the marriage which must

be equitably divided. 12. I request/do not request support (alimony) be paid by Plaintiff.

WHEREFORE, Defendant prays for Judgment as follows: 1. For a decree of divorce dissolving the marriage of the parties. 2. For an equitable division of the marital property and debts. 3. That Plaintiff’s / Defendant’s (circle one) last name be restored to:

_____________________________. 4. That custody of the child or children be established as set out above. 5. That child support be set by the Referee. 6. For alimony, if requested above. 7. For such other and further relief as may be equitable and just.

Dated ___________________, 20____.

_________________________________________ Defendant’s Signature _________________________________________ Print or type name _________________________________________ Street Address _________________________________________ City, State, Zip _________________________________________ Telephone Number

Form UJS-317 Rev. 11/2010 6

Form UJS-317 Rev. 11/2010 7

VERIFICATION STATE OF SOUTH DAKOTA )

: SS COUNTY OF ________________ )

Defendant, being first duly sworn, deposes and states that he or she verifies the facts expressed within the Answer are true. Dated ___________________, _______. __________________________________________ Defendant’s Signature Subscribed and sworn to before me this ______ day of ______________, ______. _________________________________________ Notary Public/Clerk of Courts (SEAL) If Notary, my commission expires: __________________

Instructions for Answer

***This form may be completed by the Defendant in a divorce action*** An Answer is a written response by the Defendant to the Complaint to protect the Defendant’s rights. If the Defendant chooses to file an Answer, he/she must file the Answer with the Clerk of Courts and serve it on the Plaintiff within 30 days after Defendant is served with the Summons and Complaint. If an Answer is not filed, the court may grant the Plaintiff everything requested in the Complaint and the judge will enter a decree of divorce in default. The Defendant is not required to file an Answer if he or she agrees with everything in the Complaint.

• Complete the top portion of the Answer (the “caption”) just as it appears in the Summons and Complaint.

• Answer or complete paragraphs 1-4. You must respond to each and every paragraph

of the Complaint for Divorce. (You must Admit, Deny, Partially Admit or Deny, or state you Do Not Have Enough Information to Answer.)

• You must date and sign the Answer and provide your address and telephone number.

• Complete the Verification portion. Do not fill out the verification until you are in the

presence of a notary public or clerk of court. Make sure to bring identification to show the notary public or clerk of court. A notary public can usually be found at the bank and sometimes at the courthouse.

WARNING: By signing your name, you are telling the court that you are telling the truth and that you have a good faith reason for your requests. If you are not telling the truth, if you are misleading the court, or if you are serving or filing this document for an improper purpose, the court could find you in contempt or you could be prosecuted for not telling the truth.

Form UJS-318 Rev. 11/2010 1

STATE OF SOUTH DAKOTA ) IN CIRCUIT COURT :SS COUNTY OF _______________ ) ________ JUDICIAL CIRCUIT _________________________, DIV _______ Plaintiff, vs. ANSWER _________________________, Defendant Defendant answers the Complaint as follows: 1. I AGREE with the following paragraphs of the Complaint for Divorce:

________________________________________________________________________________________________________________________________________________

2. I DISAGREE with the following paragraphs of the Complaint for Divorce: ________________________________________________________________________________________________________________________________________________

3. I either PARTIALLY Agree or Disagree with the following paragraphs of the Complaint

for Divorce: _____________________________________________________________ _______________________________________________________________________ 4. I DO NOT HAVE ENOUGH INFORMATION to either agree or disagree with the

following paragraphs of the Complaint for Divorce: _____________________________ _______________________________________________________________________

Dated __________________________, ________ _________________________________________ Defendant’s Signature _________________________________________ Print or type name _________________________________________ Street Address _________________________________________ City, State, Zip _________________________________________ Telephone Number

Form UJS-318 Rev. 11/2010 2

Form UJS-318 Rev. 11/2010 3

If you wish to explain your answers to the previous statements please use the space below. If you do not wish to explain your answers further, omit this page when you submit your Answer to the Clerk of Courts.

1. ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ 2. ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 3. _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________

4. _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________

Form UJS-318 Rev. 11/2010 4

VERIFICATION STATE OF SOUTH DAKOTA )

: SS COUNTY OF ________________ )

Defendant, being first duly sworn, deposes and states that he or she verifies the facts expressed within the Answer are true. Dated ___________________, _______. __________________________________________ Defendant’s Signature Subscribed and sworn to before me this ______ day of ______________, ______. _________________________________________ Notary Public/Clerk of Courts (SEAL) If Notary, my commission expires: __________________

STATE OF SOUTH DAKOTA ) IN CIRCUIT COURT :SS COUNTY OF _______________) ________ JUDICIAL CIRCUIT _________________________, DIV _______ Plaintiff, AFFIDAVIT OF PLAINTIFF AND vs. DEFENDANT AS TO JURISDICTION AND GROUNDS FOR DIVORCE _________________________, Defendant ____________________________________, Plaintiff and ___________________________, Defendant, being first duly sworn upon their oath, depose and state as follows:

1. That they are the Plaintiff and the Defendant in the above-entitled divorce action.

2. This Affidavit is made pursuant to SDCL 25-4-17.3 so that the divorce action may be submitted to the Court without the personal appearance of either party.

3.

That the Plaintiff, at the time of the commencement of this divorce action was, and at all

times material herein is, a bona fide resident of _______________________________ of the State

of South Dakota (or stationed in the State of South Dakota while a member of the armed forces) and

has continued to reside in said state from the commencement of this divorce action to the present

time.

Form UJS-319 Rev. 11/2010 1

Form UJS-319 Rev. 11/2010 2

4.

Plaintiff and Defendant agree by execution of this Affidavit that there are irreconcilable differences between the parties which have caused the irremediable breakdown of their marriage and consent to the Court’s entry of a Decree of Divorce to both parties on the grounds of irreconcilable differences. Dated this ________________day of _________________________, 2_____. _________________________________________ (Signature of Plaintiff SUBSCRIBED AND SWORN to before me this ______ day of _______________, 2_______. _________________________________________ Notary Public/Clerk of Court If notary, my commission expires: Dated this _________________day of ___________________________, 2_______. __________________________________________ (Signature of Defendant) SUBSCRIBED AND SWORN to before me this ______ day of ________________, 2_______. __________________________________________ Notary Public/Clerk of Court If notary, my commission expires: (SEAL)

Instructions for Affidavit of Default Form An Affidavit of Default is a sworn statement telling the court that you served the Summons and Complaint on the Defendant and that he/she has not responded within thirty days after the completed service. Once sixty days have passed after service of the Summons and Complaint, an Affidavit of Default is filed with the Clerk of Court. • Complete the top portion of the Affidavit of Default (the “caption”) as it appears on the Summons and Complaint. • Complete paragraph 2 by inserting the date that Defendant was served with the Summons and Complaint. • Read the other paragraphs carefully as you are signing this document under oath and the statements made in all the

paragraphs MUST BE TRUE. • Make two copies of the Affidavit of Default, one for you and one to mail to the Defendant. The original document

will be filed with the Clerk of Court. • You must sign and date the Affidavit in the presence of a notary public or clerk of court. Make sure to bring

identification to show the notary public or clerk of court. A notary public can usually be found at the bank and sometimes at the courthouse.

Form UJS-320 Rev. 11/2010

STATE OF SOUTH DAKOTA ) IN CIRCUIT COURT :SS COUNTY OF _______________ ) ________ JUDICIAL CIRCUIT _________________________, DIV _______

Form UJS-320 Rev. 11/2010

Plaintiff, vs. AFFIDAVIT OF DEFAULT _________________________, Defendant STATE OF SOUTH DAKOTA ) :SS COUNTY OF ________________ ) Plaintiff, being first duly sworn on oath, states: 1. That I am the Plaintiff in this action.

2. That the Summons and Complaint were served on the Defendant on ________________, ________.

3. That more than 60 days have passed since service of the Summons and Complaint.

Defendant has made no answer, appearance or pleading and is in default.

_________________________________________ Plaintiff’s Signature

(Sign only in front of a Notary or Clerk of Courts) Name: (Printed) _______________________________ Address: _________________________________ City/State/Zip: ____________________________ Telephone: (_____)________________________ Sworn/affirmed before me this _______ day of _____________, _____. ________________________________ (Notary Public/Clerk of Courts) If Notary, my commission expires:_____________ (SEAL)

Form UJS-321 Rev. 11/2010

Instructions for Notice of Intent to Take Default Judgment and Motion for Judgment and

Decree of Divorce (Default) The Notice of Intent to Take Default Judgment is notice to the Defendant that a date has been set for trial in the divorce case and that he/she is in default for not responding to the Summons and Complaint within thirty days after the completed service. Once sixty days have passed after service of the Summons and Complaint, Notice of Intent to Take Default Judgment is filed with a Motion for Judgment & Decree of Divorce (Default). • Complete the top portion of the Notice of Intent to Take Default Judgment (the “caption”) as it appears on the

Summons and Complaint. • Obtain a trial date from the Court Administrator’s office or the Clerk of Court (depending upon which county

your action is filed in). Mark the appropriate box and fill in the blanks. • Date and sign the Notice of Intent to Take Default Judgment. • Make two copies of the Notice of Intent to Take Default Judgment, one for you and one to mail to the

defendant. The original will be filed with the Clerk of Court. • Mail a copy of the Notice of Intent to Take Default Judgment and Motion for Judgment and Decree of Divorce

(Default) to Defendant by first class mail, properly addressed, with sufficient postage at least seven (7) days prior to the hearing.

• The Affidavit of Service by Mail may only be completed after the Notice and Motion are placed in the United

States Mail. • Complete the top portion of the Affidavit of Service by Mail (the “caption”). This information will be the same

as on the other documents, i.e. Summons, Complaint, etc. • Fill in the blanks as indicated on the Affidavit of Service by Mail. • Make a photocopy of the Affidavit of Service by Mail for your file. The original will be filed with the Clerk of

Court. • You must sign and date the Affidavit in the presence of a notary public or clerk of court. Make sure to

bring identification to show the notary public or clerk of court. A notary public can usually be found at the bank and sometimes at the courthouse.

• File the original Motion for Judgment & Decree of Divorce (Default), Notice of Intent to Take Default

Judgment, and Affidavit of Service by Mail with the Clerk of Court.

STATE OF SOUTH DAKOTA ) IN CIRCUIT COURT :SS COUNTY OF _______________ ) ________ JUDICIAL CIRCUIT _________________________, DIV _______ Plaintiff, vs. NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT _________________________, Defendant TO: THE DEFENDANT IN THE ABOVE CAPTIONED MATTER: PLEASE TAKE NOTICE that on the ________ day of ________________, _______, at

___________ __.m. trial for Decree of Divorce (Default) will be held:

□ In the courtroom of the Honorable ______________________, Circuit Court Judge of the

_____________ Judicial Circuit, presiding, located at the _______________ County Courthouse,

in _________________ County, _________________, South Dakota.

OR

□ At the Court Administrator’s office, ________________ County Courthouse,

_________________, South Dakota.

More than sixty (60) days have elapsed since the service of the Summons and Complaint

upon you and you have made no response to the Complaint, therefore you are in default.

Plaintiff is entitled to judgment against you as requested in the Complaint. The judgment will be

based on the Complaint of the Plaintiff, and on all records, files and proceedings in this case,

along with any additional testimony and evidence produced at trial.

Form UJS-321 Rev. 11/2010

Form UJS-321 Rev. 11/2010

Dated this _______ day of __________________, _______, at _________________

County, South Dakota.

_________________________________________ Plaintiff’s Signature

Name: (Printed) _______________________________ Address: _________________________________ City/State/Zip: ____________________________ Telephone: (_____)________________________

STATE OF SOUTH DAKOTA ) IN CIRCUIT COURT :SS COUNTY OF _______________ ) ________ JUDICIAL CIRCUIT _________________________, DIV _______ Plaintiff, vs. AFFIDAVIT OF SERVICE BY MAIL _________________________, Defendant I, ____________________________________________, being sworn, state that on (Name of person who mailed documents) __________________________________, 20_____, I served the Affidavit of Default and the Notice of Intent to Take Default Judgment, by placing true copies of the documents in an envelope addressed to: ___________________________________ at (Name of other party) _______________________________________, in the City of ________________________, (Other party’s address) State of _________________________, Zip Code __________, and depositing the envelope, with sufficient postage, in the United States Mail at _________________________________. (Place mailed from) Dated __________________, ________. _________________________________________ Signature of Person Who Mailed Documents (Sign only in front of a notary or clerk of courts) Name: (Printed) _______________________________ Sworn/affirmed before me this Address: _________________________________ _______ day of _____________, _____. City/State/Zip: ____________________________ ________________________________ Telephone: (_____)________________________ (Notary Public/Clerk of Courts) (SEAL)

Form UJS-321 Rev. 11/2010

STATE OF SOUTH DAKOTA ) IN CIRCUIT COURT :SS COUNTY OF _______________ ) ________ JUDICIAL CIRCUIT _________________________, DIV _______

Form UJS-321 Rev. 11/2010

Plaintiff, vs. MOTION FOR JUDGMENT & DECREE OF DIVORCE (DEFAULT) _________________________, Defendant STATE OF SOUTH DAKOTA ) :SS COUNTY OF ________________ ) Plaintiff, being first duly sworn on oath, states:

1. That I am the Plaintiff in this action;

2. That the Summons and Complaint were served on the Defendant on

________________;

3. That more than 60 days have passed since service of the Summons and

Complaint;

4. That this motion is supported by Plaintiff’s Affidavit of Default and Notice of

Intent to Take Default Judgment.

5. Defendant has made no answer, appearance, or pleading and is in default.

I hereby request the court grant a Judgment and Decree of Divorce (Default).

Dated this ______ day of _________________, _______. _________________________________________

Plaintiff’s Signature

Form UJS-322A Rev. 11/2010 1

Instructions for Judgment and Decree of Divorce (Default) Form (With Children)

(*** Use this form only if the Defendant has not responded to the Complaint, you have served the Defendant with a Notice of Intent to Take Default Judgment and Affidavit of Default, and you have filed the necessary default forms, and asked for a Default Decree of Divorce.) The Judgment and Decree of Divorce is signed by the Judge. You must wait at least sixty (60) days after serving the Defendant before submitting your Decree of Divorce to the judge.

• Complete the top portion of the Judgment and Decree of Divorce (the “caption”) the same as on the other documents you have filed in this divorce.

• In the second paragraph, insert the date on which the Defendant was served with the

Summons and Complaint. • Indicate whether the either party has requested in the Complaint that their former name be

restored.

• YOU DO NOT SIGN THIS FORM – THE JUDGMENT AND DECREE OF DIVORCE IS SIGNED BY THE JUDGE.

• Submit the Judgment and Decree of Divorce to the court. If the judge signs the judgment

and decree, the Clerk of Courts will send you a copy of the signed Judgment and Decree of Divorce. You will need to send a copy of the Judgment and Decree of Divorce to the Defendant.

STATE OF SOUTH DAKOTA ) IN CIRCUIT COURT :SS COUNTY OF _______________ ) ________ JUDICIAL CIRCUIT _________________________, DIV________________ Plaintiff, vs. JUDGMENT AND DECREE OF DIVORCE (DEFAULT) _________________________, Defendant The above-entitled matter came before this Court on Plaintiff’s Motion for Default

Judgment. It satisfactorily appearing to the Court from the records and files herein that the

Defendant was duly served with the Summons and Complaint on the _______ day of

___________________, _______. Parties were married on ____________________ (date) and at

____________________________________________ (city and state). It further appearing to the

Court by virtue of the Affidavit of Default signed by Plaintiff and filed herein that said Defendant

has failed to plead, to otherwise defend, or make any appearance in this action and that said

Defendant is in default; Findings of Fact and Conclusions of Law having been waived by virtue of

Defendant’s failure to appear in this action; the Court having jurisdiction over the parties and the

subject matter herein, now therefore,

IT IS HEREBY ORDERED, ADJUDGED AND DECREED AS FOLLOWS:

1. Plaintiff is granted a Judgment and Decree of Divorce on the grounds of ________________________________, and the parties hereto are restored to the status of single persons.

2. a) Legal custody is awarded to: __________________________________________________

b) Primary physical custody is awarded to: _________________________________________ c) Visitation: _________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________

3. Child support payments in the amount of _____________ shall be made payable to the Department of Social Services and mailed to the Child Support Payment Center, Suite 84, 700 Governor’s Drive, Pierre, SD 57501. Child support payment shall be payable on or before the first day of each month beginning the first day of the first month following entry of the Judgment and Decree of Divorce.

Form UJS-322A Rev. 11/2010 2

Form UJS-322A Rev. 11/2010 3

4. Neither party shall pay alimony to the other or ______________________________________ ____________________________________________________________________________

5. The parties shall retain as their separate property all of the vehicles, personal clothing and

effects, all household goods, appliances and such other items and personal property as are currently in their respective possessions.________________________________________

________________________________________________________________________ 6. Any encumbrances or debts relating to or accompanying an item of personal property shall be the sole responsibility of the party retaining such property. All other debts shall be paid by the party incurring such debt.

7. □ Plaintiff’s □ Defendant’s name shall be changed to: __________________________. His/Her date of birth is _______________________________.

8. Each party shall, at the request of the other, execute and deliver any such instruments as may

be required in order to carry out the intentions and provisions of this Judgment and Decree of Divorce. In the event either party shall fail to execute deeds, titles, or other documents of transfer as required by this Judgment and Decree of Divorce, this Judgment and Decree shall operate as an effective transfer of that party’s interest in said property as set forth herein.

9. Additional order: _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________

Dated this ________ day of _____________________, _______.

BY THE COURT: _________________________________________ CIRCUIT COURT JUDGE ATTEST: Clerk of Courts By______________________________ Deputy Clerk of Courts

Instructions for Stipulation and Settlement Agreement and Affidavit of Plaintiff and Defendant as to Jurisdiction and Grounds for Divorce * * * These forms must be reviewed and signed by both

the Plaintiff and the Defendant in the divorce action * * *

The Stipulation and Settlement Agreement is the contract between the husband and wife relating to all matters in their divorce. There are two sets of forms - one with children and one without children. You will need to select the proper Agreement depending upon whether or not you have children with the spouse whom you are divorcing. The Affidavit is required for the court to grant the divorce without either of you appearing in court. • Complete the top portion of the Stipulation and Settlement Agreement and the Affidavit as to

Jurisdiction and Grounds for Divorce (the Caption) just as it appears in the Summons and Complaint.

• Insert in the document the parenting plan for your children. Be specific as to dates, times

and places to avoid misunderstandings. Matters relating to the children are subject to the court’s jurisdiction until the children are 18 years of age or 19 years of age if the children are full-time students in a secondary school.

• Divide all property. A property settlement is final. • Allocate all debt. If debt is joint, the creditor can seek payment from either party even if you

or your spouse agree to pay the debt. A debt division is final. • If you or your spouse are dividing retirement plans, it is highly recommended that you

consult with an attorney as there are specific legal documents that need to be completed to divide retirement plans.

• You must initial every page of the Stipulation verifying that you have read and agree to what

is contained on the page. • If there are children, you must attach a copy of the Report of the Child Support Referee,

along with the Certificate of Parenting Education, if required in your circuit. • The Stipulation and Affidavit must be signed by both parties in the presence of a Notary

Public.

Form UJS-323A Rev. 11/2010

STATE OF SOUTH DAKOTA ) IN CIRCUIT COURT :SS COUNTY OF _______________) ________ JUDICIAL CIRCUIT _________________________, DIV _______ Plaintiff, STIPULATION AND SETTLEMENT vs. AGREEMENT (WITH CHILDREN) _________________________, Defendant Come now the parties above-named, and for the purpose of aiding the Court in the

disposition of the divorce action pending before it, hereby stipulate and agree as follows:

PARTIES

The parties to this Agreement are , hereinafter

referred to as “Wife” or “Mother” and , hereinafter

referred to as "Husband” or “Father.”

MARRIAGE

The parties were married in , State of __ ,

on the day of , _______, and are now and have been ever

since, (husband and wife) or (wife and husband). (Circle one)

DIVORCE ACTION

Defendant was served with a true and correct copy of the Summons and Complaint on the

________ day of ___________________, ________, as reflected by the Proof of Service filed

with the Court.

________________ ________________ Plaintiff’s Initials Defendant’s Initials

Form UJS-325 Rev. 11/2010

1

________________ ________________ Plaintiff’s Initials Defendant’s Initials

Form UJS-325 Rev. 11/2010

2

RESIDENCY

Wife resided at , County, South

Dakota, at the time of the commencement of this divorce action and presently resides at

County, South Dakota. Husband resided at

, _________________ County, South Dakota, at the time of the

commencement of this divorce action and presently resides at ,

_________________ County, ____________________. Wife has continued to live in South

Dakota since the divorce action was started. Both parties agree that venue and jurisdiction in the

_________ Judicial Court, _________________ County, South Dakota is appropriate and

consent to such jurisdiction and venue.

CHILDREN

There have been children born to or adopted by the parties during the course of their

relationship/marriage.

PURPOSE

During the course of their marriage, the parties have accumulated certain real [land]

and/or personal property and have incurred certain debts and obligations, all of which is listed in

this agreement. The purpose of this Agreement is to set forth the terms and conditions upon

which the parties agree to compromise and settle the controversies arising out of their marital

relationship and to aid the Court in disposing of this matter. The parties hereby request the Court

approve this Stipulation entered into between the parties and to grant the divorce to both parties

on the grounds of irreconcilable differences pursuant to SDCL §25-4-17.3, based on the

________________ ________________ Plaintiff’s Initials Defendant’s Initials

Form UJS-325 Rev. 11/2010

3

Affidavits of the parties as to jurisdiction and grounds for divorce without the necessity of a

court hearing.

This Agreement is made and entered into freely and voluntarily by both parties. The

parties represent to the court that each has been advised of the importance of consulting an

attorney prior to the execution of this agreement and acknowledge that it is a legal document and

binding upon them.

NOW, THEREFORE, in consideration of the mutual promises and covenants herein

contained, the parties hereby agree as follows:

(1) Waiver of Notice: The parties waive notice of trial, findings of fact and

conclusions of law and agree that Husband/Wife (circle one) may forthwith submit this

Stipulation and Settlement Agreement together with the parties’ Affidavit to the Court for entry

of a Decree of Divorce, without further notice to either party, provided that the terms of this

Stipulation and Settlement Agreement are incorporated by reference into the Decree of Divorce

entered by the Court.

(2) Children: We have the following children born to us or adopted during our

relationship/marriage:

Name Date of Birth Date of Adoption Age Sex

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

A. Legal Custody: We shall share joint legal custody of our children.

________________ ________________ Plaintiff’s Initials Defendant’s Initials

Form UJS-325 Rev. 11/2010

4

B. Physical Custody: The children shall be in the primary physical custody

of Mother\Father (circle). The parties agree that the non-custodial parent shall have parenting

time consistent with this agreement and\or the South Dakota Visitation Guidelines. Failure to

allow parenting time consistent with this agreement may subject the party failing to following

the agreement to punishment by the Court, including attorney fees of the other party and possible

fine, and jail time.

At this time, Mother shall have the children during the school week as follows

(including pick-up and return times and location): _____________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

At this time, Father shall have the children during the school week as follows

(including pick-up and return times and location): ____________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

Mother shall have the children for the following parenting time during the

Summer: _____________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

Father shall have the children for the following parenting time during the

Summer: _____________________________________________________________________

________________ ________________ Plaintiff’s Initials Defendant’s Initials

Form UJS-325 Rev. 11/2010

5

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

The parties shall alternate the following holidays: Easter/Spring Break, Memorial

Day, Labor Day and Thanksgiving.

Mother shall have Easter/Spring Break and Thanksgiving in even-numbered years

and Memorial Day and Labor Day in odd-numbered years, unless the parties agree otherwise, in

writing.

Father shall have the Easter/Spring Break and Thanksgiving in odd-numbered

years and Memorial Day and Labor Day in even-numbered years, unless the parties agree

otherwise, in writing.

Christmas vacation (winter break) shall be divided equally with Mother to get the

first half in odd-numbered years and the second half in even-numbered years. Father shall

receive the first half of Christmas in even-numbered years and the second half of Christmas in

odd-numbered years. If the parties are celebrating Christmas in the same area, then the parent

not having the first half of Christmas shall have the children from 10:00 a.m. to 8:00 p.m. on

Christmas Day. The parties may alter the holiday schedule, by mutual agreement which

will be in writing and signed by both parties.

Mother shall have the children on their birthday in even-numbered years and

Father shall have the children on their birthday in odd-numbered years.

The children shall be with Mother every Mother’s Day weekend and with Father

every Father’s Day weekend.

The transportation between the parents shall be handled equally. One parent shall

________________ ________________ Plaintiff’s Initials Defendant’s Initials

Form UJS-325 Rev. 11/2010

6

pick up the children at the beginning of the visit and the other parent shall pick up the children at

the end of the visit, unless the parties agree otherwise.

If either party decides to move, they must provide at least 45 days advance

written notice to the other parent, and such other information as required by law.

C. Child Support: Child Support must be addressed in the Stipulation

Agreement or the court will not grant a divorce. Please attach to the Stipulation Agreement either

a print out of child support calculations or a report from a Child Support Referee. For

information and assistance with child support calculations, parties may visit the Child Support

Obligation Worksheet page found on the Department of Social Services website at

http://dss.sd.gov/childsupport/services/obligationsdetermined.asp.

For additional help, parties may hire an attorney or contact the State Bar's Access to Justice

lawyer referral program or other Legal Aid programs throughout the state.

Attached are child support calculations prepared by:

Parties

Licensed Attorney: __________________________________ (Print name of attorney)

Child Support Referee Report

______________________________ (name of non-custodial parent) shall pay current

support in the amount of $ ____________ per month on behalf of the child(ren) named above

with the first payment to be due on the _______ day of ___________________, 20______ and

thereafter on the 1st day of each month until the child(ren) attains the age of eighteen, or until the

________________ ________________ Plaintiff’s Initials Defendant’s Initials

Form UJS-325 Rev. 11/2010

7

child(ren) attain the age of nineteen if a full-time student in a secondary school, or until further

order of a court of competent jurisdiction. Until otherwise notified, all payments shall be made

payable to the Division of Child Support and mailed to:

CHILD SUPPORT PAYMENT CENTER 700 GOVERNORS DR STE 84 PIERRE, SD 57501 ______________________________ (name of non-custodial parent) payer of income

shall be directed to withhold amounts for current support and arrearages effective upon entry of

this order.

______________________________ (name of parent) currently provides health

insurance coverage for the minor child(ren) at a costs of $ ___________ per month and shall

continue to do so. Pursuant to SDCL 25-7-6.16, the cost attributable to the child(ren) shall not

exceed $ ___________ per month and ______________________________ (name of parent) is

required to pay a pro rata share of the cost of this health insurance coverage. Therefore, _____%

of the cost, or $ ___________ per month has been added to/subtracted from the basic child

support obligation and is reflected in ______________________________ (name of parent)

$ ___________ monthly child support obligation as stated above.

______________________________ (name of custodial parent) shall be solely responsible for

the first two hundred fifty dollars ($250) per year of uncovered medical expenses per child. Any

additional, reasonable medical costs, including optometric, dental, orthodontic, counseling, or

other health care costs not covered by insurance shall be apportioned between the parties with

______________________________ (name of custodial parent) paying _____% and

________________ ________________ Plaintiff’s Initials Defendant’s Initials

Form UJS-325 Rev. 11/2010

8

______________________________ (name of noncustodial parent) paying _____%.

Or

______________________________ (name of parent) shall provide health insurance

coverage for the minor child(ren). Pursuant to SDCL 25-7-6.16, the costs of the insurance

attributable to the child(ren) shall not exceed $ ___________ per month and

______________________________ (name of parent) is required to pay a pro rata share of the

cost of this health insurance coverage. Therefore, _____% of the cost, or $ ___________ per

month has been added to/subtracted from the basic child support obligation and is reflected in

______________________________ (name of parent) $ ___________ monthly child support

obligation as stated above after the insurance coverage cost is provided to the Divison of Child

Support.

______________________________ (name of custodial parent) shall be solely responsible for

the first two hundred fifty dollars ($250) per year of uncovered medical expenses per child. Any

additional, reasonable medical costs, including optometric, dental, orthodontic, counseling, or

other health care costs not covered by insurance shall be apportioned between the parties with

______________________________ (name of custodial parent) paying _____% and

______________________________ (name of noncustodial parent) paying _____%.

D. Parent Education Certificate: Each of the parties has attended a parent education course

[if required] and attached hereto their certificates of completion. [Please check with your local

clerk of court to determine if attendance is required in your circuit prior to the granting of the

divorce.]

(3) Property Settlement:

A. Real Property (land and buildings): The parties have an interest in the

________________ ________________ Plaintiff’s Initials Defendant’s Initials

Form UJS-325 Rev. 11/2010

9

following real property:

Address:

______________________________________________________________________________

______________________________________________________________________________

Legal description:

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

________________ ________________ Plaintiff’s Initials Defendant’s Initials

Form UJS-325 Rev. 11/2010

10

□ Wife/Husband (circle one) will receive the land and all improvement

thereon. The party not receiving the land shall sign a quit claim deed releasing all interest in the

property.

OR

□ The land shall be sold with the net sale proceeds to be divided equally

between the parties. The parties agree to use __________________________ as a realtor and to

mutually agree on the selling price. Husband/Wife (circle one) shall remain in the residence

until sold. Until sold, the expenses relating to the marital residence shall be divided as follows:

______________________________________________________________________________

______________________________________________________________________________

B. Vehicles:

Husband shall receive the following vehicle(s):

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

free and clear of any claim by Wife.

________________ ________________ Plaintiff’s Initials Defendant’s Initials

Form UJS-325 Rev. 11/2010

11

Wife shall receive the following vehicle(s):

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

free and clear of any claim by Husband.

Each shall transfer the title to the party receiving the vehicle.

C. Personal Property: The parties have divided their personal property by

agreement and represent to the court that such division is equitable. Wife shall retain as her sole

and separate property all of her personal clothing and effects and all personal property in her

possession, free and clear of any claim by Husband. Husband shall retain as his sole and

separate property all of his personal clothing and effects and all personal property in his

possession, free and clear of any claim by Wife. Any property purchased by a party since their

separation shall belong to the party purchasing same.

If either party has property to be given to the other, then Wife shall give to

Husband the following personal property items: _______________________________________

______________________________________________________________________________

______________________________________________________________________________

and Husband shall give to Wife the following personal property items: _____________________

______________________________________________________________________________

______________________________________________________________________________

D. Checking and Savings Accounts: The parties represent that they have

________________ ________________ Plaintiff’s Initials Defendant’s Initials

Form UJS-325 Rev. 11/2010

12

separated their bank accounts including checking and/or savings, and each shall keep the cash

balance in any bank accounts in his/her name, free and clear of any claim by the other. The

parties shall immediately close all joint accounts with the proceeds to be divided equally.

E. Investments and Retirement Funds and Pension Plans: Retirement and

investments are considered property and must be divided in the divorce. There are additional

legal documents necessary to accomplish a transfer of certain retirements and investments and

you are strongly advised to consult an attorney if you are dividing this type of property.

Wife shall receive the following investments and retirement accounts:

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

Husband shall receive the following investments and retirement accounts:

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

F. Life Insurance:

Wife shall receive the following (term/whole life) life insurance policy(ies):

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

________________ ________________ Plaintiff’s Initials Defendant’s Initials

Form UJS-325 Rev. 11/2010

13

Husband shall receive the following (term/whole life) life insurance policy(ies):

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

G. Debts:

Wife shall be responsible for payment of the following debts and shall indemnify

and hold Husband harmless therefrom:

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

and any undisclosed debt that she has incurred in her name or against property awarded to her.

Husband shall be responsible for payment of the following debts and shall

indemnify and hold Wife harmless therefrom:

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

and any debt that he has incurred in his name or against property awarded to him.

________________ ________________ Plaintiff’s Initials Defendant’s Initials

Form UJS-325 Rev. 11/2010

14

We understand that with regard to any debt in the name of the other, that if our

spouse does not pay the debt, the creditor can make a claim against us. However, we understand

that we have a claim against our spouse for his/her refusal to pay the debts assumed herein.

Except as otherwise expressly provided herein, the parties further agree that each

party shall pay his or her own bills incurred from and after the commencement of this divorce

proceeding. Each of the parties agrees not to contract any debt, charge or liability whatsoever

for which the other or his or her property or estate shall or may become liable or answerable in

the future.

Except as otherwise expressly provided, it is further agreed that any and all

unpaid debts not otherwise addressed in this document, incurred by the parties during the course

of their marriage shall be the responsibility of the person who incurred it. Each party shall

indemnify and hold harmless the other therefrom.

(4) Military Benefits (If one of the parties is a military member):

Husband/Wife (choose one) may be entitled, as a spouse of a servicemember, to

insurance coverage due to his/her spouse’s service in the military past or present. The military

member shall take the necessary action to ensure his/her spouse all benefits to which he/she is

entitled as the former spouse of a military member. Husband/Wife shall retain all rights of a

former spouse including a military identification card and commissary privileges. This includes

National Guard Service. You should seek legal advice to understand and protect your benefits

and you are strongly encouraged to do so.

________________ ________________ Plaintiff’s Initials Defendant’s Initials

Form UJS-325 Rev. 11/2010

15

If the Plaintiff or Defendant is a member of the military service, past or present, please

list rank, branch of service, and number of years in service during the marriage.

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

(5) Alimony (Spousal Support): Please check the appropriate box and fill in where

necessary:

□ Wife/Husband (circle one) shall receive alimony in the sum of $__________ each

month for a period of __________ months, or until remarriage of the recipient or death of either

party. Alimony is tax-deductible to the spouse paying it and taxable income to the spouse

receiving it.

OR

□ Each party waives any claim for alimony from the other and accepts this

Stipulation and Settlement Agreement in full and final satisfaction of all marital claims.

(6) Former Name: (Optional if desired):

Wife/husband (circle one), DOB ___________, will be restored to her/his former or

maiden name of “ ” and be known hereafter as _________________________.

________________ ________________ Plaintiff’s Initials Defendant’s Initials

Form UJS-325 Rev. 11/2010

16

(7) Attorney’s Fees: (Check the appropriate box and fill in where necessary):

□ Each party shall pay his/her own attorney’s fees incurred in this proceeding

OR

□ Husband/Wife (circle one) will pay the sum of $_____________ towards the

attorney’s fees of his/her spouse.

(8) Interference: The parties hereafter shall live separate and apart. Each party shall

be free from interference, authority or control, direct or indirect, of the other party. The parties

agree not to molest, annoy, harass, stalk, or interfere with each other in any aspect of their

personal or professional lives.

(9) Except as herein provided, neither party shall have any other or further claim in or

to the property, estate or earnings of the other.

(10) Modification and Performance of Agreements: This Stipulation shall not be

modified unless in writing and approved by the Court.

DATED this ________ day of ________________________, _______. ______________________________________ Plaintiff’s Signature DATED this ________ day of ________________________, _______. ______________________________________ Defendant’s Signature STATE OF SOUTH DAKOTA )

________________ ________________ Plaintiff’s Initials Defendant’s Initials

Form UJS-325 Rev. 11/2010

17

)SS COUNTY OF )

On this the _________ day of , ________, before me, the undersigned officer, personally appeared , Plaintiff, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument and acknowledged that he/she executed the same for the purposes therein contained.

IN WITNESS WHEREOF, I hereunto set my hand and official seal. __________________________________________

Notary Public My Commission Expires: ____________________

(SEAL) STATE OF SOUTH DAKOTA )

)SS COUNTY OF )

On this the _________ day of , _______, before me, the undersigned officer, personally appeared , Defendant, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument and acknowledged that he/she executed the same for the purposes therein contained.

IN WITNESS WHEREOF, I hereunto set my hand and official seal. __________________________________________

Notary Public My Commission Expires: ____________________

(SEAL)

Instructions for Judgment and Decree of Divorce (Stipulation and Agreement with Children) Form

(*** Use this form only if you and the Defendant have signed a Stipulation and Settlement Agreement with Children and you want to court to incorporate that agreement in your Judgment and Decree of Divorce.) The Judgment and Decree of Divorce is signed by the Judge. You must wait at least sixty (60) days after serving the Defendant before submitting your Judgment and Decree of Divorce to the judge.

• Complete the top portion of the Judgment and Decree of Divorce (the “caption”) the same as on the other documents you have filed in this divorce.

• In the second paragraph, insert the date and place that you were married. Also insert the

date on which the Defendant was served with the Summons and Complaint.

• Indicate whether the Plaintiff or Defendant has requested in the Complaint that her former name be restored.

• YOU DO NOT SIGN – THE JUDGMENT AND DECREE OF DIVORCE IS

SIGNED BY THE JUDGE.

• Submit the Judgment and Decree of Divorce to the court. If the judge signs the decree, the Clerk of Courts will send you a copy of the signed Judgment and Decree of Divorce. You will need to send a copy of the Judgment and Decree of Divorce to the Defendant.

Form UJS-326A rev. 11/2010

STATE OF SOUTH DAKOTA ) IN CIRCUIT COURT :SS COUNTY OF _______________ ) ________ JUDICIAL CIRCUIT _________________________, DIV _______ Plaintiff, JUDGMENT AND vs. DECREE OF DIVORCE (STIPULATION AND AGREEMENT _________________________, WITH CHILDREN) Defendant

The above-entitled matter came before this Court on the _______ day of _____________,

20___. It satisfactorily appearing to the Court from the records and files herein that the

Defendant was duly served with the Summons and Complaint on the _______ day of

______________, 20___, and that the parties thereafter entered into the Stipulation and

Agreement on file herein. Parties were married on ____________________________(date) at

_____________________________________________(city and state). After due consideration

of the same and on the matters of record herein the Court finds and concludes that it has

jurisdiction over the parties and the subject matter herein, and that the parties having expressly

waived entering of Findings of Fact and Conclusions of Law. Now therefore,

IT IS HEREBY ORDERED, ADJUDGED AND DECREED AS FOLLOWS:

1. Plaintiff is granted a Decree of Divorce on the grounds of __________________________, and the parties hereto are restored to the status of single persons.

2. That the Stipulation and Agreement on file between the parties is hereby approved and by

this reference made a part hereof merged and incorporated herein. 3. ______________________ (Non-Custodial parent) shall pay child support for the minor

child(ren) in the amount of $__________ per month commencing ____________ 1, 20____.

4. □ Plaintiff’s □ Defendant’s name shall be changed to: __________________________.

Dated this ________ day of _____________________, ________.

BY THE COURT: _________________________________________ ATTEST: CIRCUIT COURT JUDGE Clerk of Courts By______________________________ Deputy Clerk of Courts

Form UJS-326A rev. 11/2010

Instructions for Notice of Entry of Judgment & Decree of Divorce (Default)

A Notice of Entry of Judgment & Decree of Divorce (Default) is a document that notifies the other party that the Judge has signed a Judgment & Decree of Divorce (Default). This document must be sent to the other party and the Affidavit of Service filed with the Clerk of Courts. • Complete the top portion of the Notice of Entry (the “caption”) just as it appears on the Judgment & Decree of Divorce

(Default). • Fill in the blanks on the Notice of Entry with the Judge’s name (you can find this on the Judgment & Decree of

Divorce-Default), the date that the Judge signed the Judgment & Decree of Divorce (Default), and the City where the Courthouse is located.

• Date and sign the Notice of Entry. Make two copies of the Notice of Entry, one for you and one to mail to the

defendant. The original will be filed with the Clerk of Courts. • Mail copies of the Notice of Entry, Judgment & Decree of Divorce (Default), and Stipulation and Agreement, if there

is one, to the Defendant. • The Affidavit of Service may only be completed after the documents are placed in the United States Mail. • Complete the top portion of the Affidavit of Service (the “caption”). This information will be the same as the Notice of

Entry. • Fill in the blanks as indicated on the Affidavit. • Make at photocopy of the Affidavit for your file. The original will be filed with the Clerk of Courts. • You must sign and date the Affidavit in the presence of a notary public or clerk of court. Make sure to bring

identification to show the notary public or clerk of court. A notary public can usually be found at the bank and sometimes at the courthouse.

• File the original Notice of Entry of Judgment & Decree of Divorce (Default) and the Affidavit of Service with the

Clerk of Courts. Failing to file the Notice of Entry of Judgment & Decree of Divorce (Default) may extend the time an appeal may be filed.

Form UJS-327 Rev. 11/2010 1

STATE OF SOUTH DAKOTA ) IN CIRCUIT COURT :SS COUNTY OF _______________ ) ________ JUDICIAL CIRCUIT _________________________, DIV _______

Form UJS-327 Rev. 11/2010 2

Plaintiff, vs. NOTICE OF ENTRY OF JUDGMENT AND DECREE _________________________, OF DIVORCE (DEFAULT) Defendant PLEASE TAKE NOTICE that the Judgment and Decree of Divorce (Default) was entered in

the above-entitled matter on _____________________, 20___, by the Honorable

__________________________ and duly filed by the County Clerk of Courts at

___________________, South Dakota. A certified copy of said Judgment and Decree of Divorce

(Default) is attached hereto and served upon you.

Dated this ________ day of _____________________, 20___.

_________________________________________ Plaintiff / Defendant (Circle One)

Name: (Printed) ___________________________

Address: _________________________________

City/State/Zip: ____________________________

Telephone: (____)__________________________

STATE OF SOUTH DAKOTA ) IN CIRCUIT COURT :SS COUNTY OF _______________ ) ________ JUDICIAL CIRCUIT _________________________, DIV _______ Plaintiff, vs. AFFIDAVIT OF SERVICE _________________________, Defendant I, ____________________________________________, being sworn, state that on (Name of person who mailed documents) __________________________________, 20_____, I served the following papers: _____________________________________________________________________________ (List all papers mailed to the other party) by placing true copies of the documents in an envelope addressed to: ___________________________________ at _______________________________________ (Name of other party) (Other party’s address) in the City of _________________________, State of _______________, Zip Code _________ and depositing the envelope, with sufficient postage, in the United States Mail at _________________________________. (Place mailed from) Dated this ______ day of __________________, 20___. _________________________________________ Signature of Person Who Mailed Documents (Sign only in front of a notary or clerk of courts) Name: (Printed)_____________________________

Sworn/affirmed before me this Address: _________________________________

_______ day of _____________, _____. City/State/Zip: ____________________________

________________________________ Telephone: (_____)________________________

(Notary Public/Clerk of Courts) If Notary, my commission expires:_________________________

(SEAL)

Form UJS-327 Rev. 11/2010 3

Instructions for Stipulation and Order for Dismissal

In the event the parties reconcile their differences within sixty days of service of Summons and Complaint, they may file the Stipulation and Order for Dismissal to move the Court for an Order dismissing the divorce action without prejudice. Use this form only if both parties have reached a mutual agreement to dismiss the divorce action. • Complete the top portion of the Stipulation and Order for Dismissal (the “caption”) just as it appears on the Summons

and Complaint. • Both parties, as well as a witness for each party must sign the stipulation. The date of the signatures must also be

included. • Do NOT fill out anything below the Order section. The Judge will enter the date the Order will be entered into and

sign at the bottom.

Form UJS-328 Rev. 11/2010

STATE OF SOUTH DAKOTA ) IN CIRCUIT COURT :SS COUNTY OF _______________ ) __________ JUDICIAL CIRCUIT _________________________, File No. DIV __________

Form UJS-328 Rev. 11/2010

Plaintiff, vs. STIPULATION AND ORDER FOR DISMISSAL _________________________, Defendant It is hereby stipulated by the parties that this action be dismissed. We respectfully move the

Court for an Order dismissing it without prejudice.

______________________________________ ________________________________________ Plaintiff Defendant ______________________________________ ________________________________________ Witness Witness ______________________________________ ________________________________________ Date Date

ORDER

Pursuant to the stipulation of the parties, this action is hereby DISMISSED without prejudice.

Dated this ________ day of _____________________, 20___.

BY THE COURT:

_______________________________________ Circuit Court Judge ATTEST: ______________________________________ Clerk of Courts BY:___________________________________ Deputy Clerk