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Guide to Uncontested Divorce in South Dakota

December 23, 2025

Uncontested / Simple Divorce in South Dakota: A Plain English Guide to a “Stipulated Divorce”

If you and your spouse agree your marriage is over and you want to avoid a long, expensive court fight, a Stipulated Divorce in South Dakota may be a good fit. In South Dakota, the “fast track” signal to the judge is the paperwork that proves you have agreed on everything, especially a signed Stipulation and Settlement Agreement.

This guide explains how a South Dakota stipulated divorce works: who qualifies, what the major steps and documents are (using South Dakota’s local terminology), how long the process can take, and how children, support, and property are handled. It’s written for everyday South Dakota residents who want to understand the process and are considering a do it yourself approach.

PlainDivorce.com sells self help uncontested divorce kits, but this article is mainly informational. We’ll also explain where a self help kit can fit into the process if you decide to move forward on your own.

Important disclaimer: PlainDivorce is not a law firm and this guide is not legal advice. It is general legal information based on public sources. Court rules, forms, and fees change over time, and every case is different. Always double check details with the South Dakota Unified Judicial System (UJS), current laws, or a local lawyer.

Table of Contents

uncontested divorce in South Dakota

1. What Is a Stipulated Divorce in South Dakota?

South Dakota doesn’t use the phrase “simple divorce” as a formal legal category. In real life, however, many cooperative cases are handled as a Stipulated Divorce.

A stipulated divorce generally means the spouses have a complete agreement and present it to the court in writing, most importantly through a signed Stipulation and Settlement Agreement. That document tells the judge: “We have agreed on everything. Please sign the Decree of Divorce based on our stipulation.”

A typical Stipulation and Settlement Agreement covers:

  • How property, money, and debts will be divided
  • Whether either spouse will pay spousal support (alimony)
  • If there are children, how custody and parenting time will work
  • How child support and other child related expenses will be handled

In many stipulated cases, the judge can sign the final Decree of Divorce based primarily on the paperwork, although some courts may still require a short hearing depending on the facts and local practice.

By contrast, a contested divorce is one where spouses disagree about custody, support, or property and need the judge to decide. Contested cases are usually slower, more stressful, and more expensive.

2. Who Qualifies? Residency, Grounds, and Agreement

To be a good candidate for a South Dakota stipulated divorce, focus on three big questions: residency, grounds, and agreement.

Residency basics

South Dakota generally requires that the spouse who starts the case (the “plaintiff”) be a South Dakota resident (or a member of the armed forces stationed in South Dakota) when the divorce is filed. There is not always a long “months in state” waiting rule like some states, but you must be a good faith resident, not just passing through.

You typically file in the circuit court for the county where either spouse lives, subject to venue rules and possible motions to change venue.

Grounds for divorce

South Dakota recognizes both fault and no fault grounds. Many stipulated divorces use the no fault ground of irreconcilable differences, meaning there are substantial reasons the marriage can’t be saved.

If one spouse refuses to cooperate and disputes the ground, the case may become contested.

Agreement on the main issues

A stipulated divorce works best when both spouses:

  • Agree the marriage should end
  • Are willing to cooperate on paperwork and deadlines
  • Can sign a Stipulation and Settlement Agreement covering support, children (if any), and property and debts
  • Are prepared to be transparent about income, assets, and debts

If you have minor children, the judge will still review your parenting plan and child support arrangement for reasonableness and the children’s best interests. Even in a fully stipulated case, the court does not automatically approve every term without review.

When a stipulated divorce may not work

You may not be a good fit for a DIY stipulated divorce if:

  • There is domestic violence, intimidation, or serious safety risk
  • One spouse is hiding money, assets, or debts
  • You completely disagree about where the children should live
  • You have a complex farm, ranch, or family business
  • Either spouse feels pressured or intimidated into “just signing” papers

In those situations, independent legal advice from a South Dakota lawyer is strongly recommended before you sign any stipulation.

3. Key Forms in a Stipulated Divorce (Cover Sheet, Summons, Complaint, Service, Stipulation, Affidavits, Decree)

South Dakota uses UJS form numbers. Exact packets differ depending on whether you have minor children, but these are the high value “entities” you will see repeatedly in stipulated divorces.

  • Case Filing Statement (UJS-232) – the required cover sheet used to open the case.
  • Summons – the formal notice that a divorce case has been started.
  • Complaint for Divorce – the document that opens the case and tells the court what you are requesting.
  • Admission of Service (in cooperative cases) – a signed form where the other spouse acknowledges receipt of the summons and complaint.
  • Stipulation and Settlement Agreement – your written agreement resolving property, debt, support, and parenting issues.
  • Affidavit as to Jurisdiction and Grounds for Divorce – commonly used to “prove” residency and grounds on paper in non trial cases:
    • UJS-319A (without minor children)
    • UJS-319B (with minor children)
  • UJS/DSS-089 (cases with children) – a required data form used when finalizing many stipulated divorces involving minor children.
  • Decree of Divorce – the final court order that ends the marriage.

Practical tip: If you find yourself seeing references online to a “Confidential Information Form” with a different form number, pause and verify you are reading South Dakota materials. In South Dakota, the commonly required intake cover sheet is the Case Filing Statement (UJS-232).

4. Step by Step Process Overview

Every case is unique, but most South Dakota stipulated divorces follow this general roadmap. This is a high level overview only. Always follow official UJS instructions and local court rules.

Step 1 – Confirm eligibility and agreement

  • Residency: is the filing spouse a South Dakota resident (or stationed here)?
  • Grounds: are you prepared to proceed under irreconcilable differences (or another ground)?
  • Agreement: can you sign a complete Stipulation and Settlement Agreement?

Step 2 – Prepare and file the initial paperwork (UJS-232 + summons + complaint)

The plaintiff prepares and files the initial documents with the Clerk of Court. In South Dakota, that usually includes the Case Filing Statement (UJS-232) along with the summons and complaint packet that fits your situation (with or without minor children).

Step 3 – Service (or Admission of Service)

Your spouse must be officially served. In cooperative cases, one of the simplest paths is often an Admission of Service, where your spouse signs acknowledging they received the summons and complaint. Otherwise, service may be completed through a sheriff or process server.

Why service matters: it starts important deadlines, including the typical response window and the 60 day waiting period before the court can finalize the divorce.

Step 4 – Use the waiting period to complete your stipulation and required affidavits

During the waiting period, cooperative spouses usually complete and sign the Stipulation and Settlement Agreement and any required affidavits (including the Affidavit as to Jurisdiction and Grounds, commonly UJS-319A or UJS-319B depending on whether you have minor children).

Step 5 – Submit final documents and obtain the Decree of Divorce

After the required waiting period and once your paperwork is complete, the judge can sign the Decree of Divorce (sometimes after a short hearing, depending on the court). Once the decree is entered, you can request certified copies for name changes, updating accounts, or proof of divorce.

5. The 60 Day Cooling Off Period (Mandatory)

South Dakota has a mandatory 60 day waiting period (often called a cooling off period) after service before the court can finalize the divorce. Even with perfect paperwork and full agreement, this waiting period sets a minimum pace for your case.

What to do during the 60 days: finalize your stipulation, complete required affidavits, and prepare your proposed decree so your case is ready to move as soon as the waiting period ends.

6. Special Issues When You Have Children (Including the Parenting Course Hard Stop)

When children are involved, the judge has an independent duty to protect the best interests of the child. Even in a stipulated divorce, the court will review parenting and support terms carefully.

  • A clear parenting plan (custody, parenting time, holidays, transportation, decision making)
  • Child support that follows South Dakota guidelines (or clearly explains any deviation)
  • Provisions for health insurance, medical expenses, childcare, and school costs

The parenting course requirement (do not skip this)

In South Dakota, cases involving child custody or parenting time typically require both parties to complete a court approved parenting course. UJS materials warn that failure to complete the course can delay finalizing the divorce, and they note the course is generally required within 60 days of service (with limited waiver or delay options in certain situations).

If you believe you qualify for a waiver or delay, UJS materials reference filing an Affidavit on Court Approved Parenting Course (UJS-364) and checking the current parenting education information on the UJS site.

7. How Long Does a Stipulated Divorce Take in South Dakota?

There is no single guaranteed timeline, but these rules shape most cases:

  • There is no required separation period before you can file.
  • The defendant typically has a response deadline after service (check your packet and rules).
  • The court generally cannot finalize the divorce until the 60 day waiting period has passed after service.

If everyone cooperates and your stipulation is complete, many stipulated divorces finish in about 2 to 4 months from filing. It may take longer if service is delayed, forms need corrections, negotiations drag on, parenting course certificates are not filed (cases with children), or the court requires a hearing and the calendar is busy.

8. What Does a Stipulated Divorce Cost in South Dakota?

Costs vary by county, service method, and how much outside help you use. However, South Dakota is known for comparatively low court fees.

Court and service costs

  • Filing fee: UJS divorce packet materials list a $95 filing fee (and reference a fee waiver motion for people who cannot afford it).
  • Service costs: sheriff or process server fees, or minimal costs if your spouse signs an admission of service.
  • Certified copies: fees for certified copies of the decree (if needed).

Other common expenses

  • Notary fees for affidavits and signatures
  • Parenting course costs (cases involving children)
  • Travel and time off work if a hearing is required

If you have limited income, ask the clerk about fee waiver paperwork and eligibility.

9. When a DIY Divorce Might Not Be Right for You

DIY can save money, but it’s not the best fit for everyone. Consider getting legal advice if:

  • There is domestic violence, intimidation, or serious emotional abuse
  • You suspect hidden assets, income, or debts
  • You have a complex farm, ranch, business, or multiple properties
  • Either spouse has significant retirement assets or complicated financial issues
  • One spouse is a non citizen and divorce timing or terms may affect immigration status
  • You are unsure if the stipulation is fair or sustainable

Even a short consultation with a South Dakota attorney can help you understand risks before you sign a stipulation that will be incorporated into a decree.

10. Where a Self Help Divorce Kit Fits Into the Process

If your case is a good fit for a South Dakota stipulated divorce, a self help kit can add structure and confidence. It does not replace legal advice, but it can help you stay organized and avoid common mistakes.

  • Understand the roadmap from filing through service, the 60 day waiting period, and final decree.
  • Use checklists so you don’t miss signatures, notarizations, or required attachments like UJS-232.
  • Draft clear settlement terms so your stipulation is complete and consistent with your other paperwork.
  • Stay on top of child related requirements, including the parenting course (cases with children).
Download Our South Dakota Uncontested Divorce Self-Help Kit

Even with a kit, you can consult a lawyer at any stage, before filing, after drafting your stipulation, or if the case stops being cooperative.

11. Final Thoughts and Next Steps

The “magic key” for a faster, lower conflict divorce in South Dakota is a complete Stipulation and Settlement Agreement. When your paperwork clearly shows that both spouses agree, and you respect the mandatory 60 day waiting period, many couples can finish their divorce with minimal court involvement.

Your next steps might be:

  • Confirm residency and decide which divorce packet applies (with or without minor children).
  • Complete the required cover sheet: Case Filing Statement (UJS-232).
  • Work out parenting, support, and property terms until you can sign a complete Stipulation.
  • Plan around service, the 60 day waiting period, and (if you have children) the parenting course deadline and certificate filing.
  • Use the correct affidavit to prove jurisdiction and grounds on paper (commonly UJS-319A or UJS-319B).

Always remember: PlainDivorce is not a law firm and this guide is not legal advice. Laws, forms, and fees can change. Before relying on any detail, double check with the current South Dakota UJS forms and instructions and consider legal advice if your finances or parenting situation are complex.

About Harry D

Expert contributor at PlainDivorce, helping Canadians and American navigate simple uncontested divorces with clarity and confidence.