How to Serve Divorce Papers in South Dakota

Why Service Matters More Than You Think

Filing your divorce paperwork with the Clerk of Courts starts the case. Serving your spouse starts the clock. South Dakota's 60-day mandatory waiting period doesn't begin when you file — it begins when your spouse is formally served with the Summons and Complaint. And the 30-day window for your spouse to file an Answer also runs from the date of service, not filing.

Getting service wrong doesn't just cause delays. Improper service can invalidate the court's jurisdiction over your spouse entirely, which means any orders or decrees that follow could be challenged.

South Dakota law provides three methods for completing service, each with different costs, timelines, and requirements.

Method 1: Admission of Service (The Cooperative Path)

This is the cheapest and simplest option when your spouse is willing to cooperate. You mail or hand-deliver copies of all filed documents — the Summons, Complaint, Financial Affidavit, and any child-specific forms — along with a Notice and Admission of Service form (UJS-315 for cases without children, UJS-317 for cases with children).

Your spouse has exactly 20 days from receipt to sign and return the Admission of Service form to you. Signing it only acknowledges receipt of the documents — it doesn't mean they agree to the divorce terms or waive any rights.

Cost: $0 beyond postage and printing.

The trap: Many filers assume that mailing documents via certified mail counts as legal service. It doesn't. Certified mail alone is not valid service in South Dakota. The defendant must sign and return the specific Admission of Service form (UJS-315 or UJS-317) within 20 days. If they receive the papers but refuse to sign, you need to escalate to personal service.

Under SDCL § 15-6-4(i), if the defendant refuses to return the signed form within 20 days without good cause, the court can order them to pay the costs of personal service that you're now forced to arrange.

Method 2: Personal Service (Sheriff or Process Server)

When your spouse won't cooperate — or won't respond to the mailed Admission of Service — you need a third party to physically hand them the documents. In South Dakota, this means either the county sheriff's office or a registered private process server.

You'll submit the original documents and copies to the server, who will personally deliver them to your spouse and file a Proof of Service with the court.

Sheriff service costs: The statutory base fee is $50 under SDCL § 7-12-18, plus mileage charges (typically $10 to $12 flat, or actual mileage at the statutory rate). Total usually runs $50 to $75 depending on how far the sheriff needs to travel.

Process server costs: Private process servers set their own rates, typically running $50 to $75 in South Dakota.

Deadline: Documents should be served within 30 days of filing to prevent potential case dismissal for failure to prosecute.

If your spouse actively avoids service, the process server documents the evasion attempts in an affidavit. That affidavit becomes the foundation for requesting service by publication.

Method 3: Service by Publication (Missing Spouse)

If your spouse cannot be located after a documented, diligent search, you can ask the court for an Order for Service by Publication. You'll need to file an affidavit explaining what steps you've taken to find them — checking last known addresses, contacting relatives, searching online records.

Once the court grants the order, the Summons is published in a court-designated legal newspaper in the county where you filed, once per week for four consecutive weeks (28 days). Service is deemed complete on the 28th day of the publication period.

Cost: Publication fees typically range from $100 to $250 depending on the county and newspaper.

Limitation: Service by publication has a significant restriction. If your spouse was served only by publication (they never appeared or responded), the court cannot rule on spousal support or divide assets located outside South Dakota. The court's jurisdiction is limited to the marriage itself and property within the state.

After the final publication, the defendant has an additional 30 days to respond before you can proceed with a default filing.

After Service: What Happens Next

Once service is complete through any method, two timers start running simultaneously:

The 30-day response window: Your spouse has 30 days to file an Answer (UJS-316 or UJS-318) with the Clerk of Courts and serve a copy on you. The filing fee for a response is $25.

The 60-day waiting period: South Dakota's mandatory cooling-off period under SDCL § 25-4-34. No judge can sign a final decree until 60 full days counted from the day after service have elapsed (day 61 after service), regardless of how quickly you and your spouse agree on terms.

If children are involved, both parents must also complete a court-approved parenting education course within 60 days of service.

The South Dakota Divorce Filing Process Guide includes a Service of Process Tracker to log your service attempts, deadlines, and follow-up actions — especially useful when you need to document due diligence for a publication request.

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