South Dakota Default Divorce: What Happens When Your Spouse Doesn't Respond

When Silence Becomes Your Path Forward

After your spouse is formally served with the Summons and Complaint, they have exactly 30 days to file a written Answer (Form UJS-316 or UJS-318) with the Clerk of Courts and serve a copy on you. If those 30 days pass with no response, your spouse is in default — and you can proceed without their participation.

Default divorce is one of the most common paths for self-represented filers in South Dakota, particularly when the other spouse is disengaged, unreachable after service, or simply doesn't want to deal with the paperwork.

The Two Timers You're Watching

Default isn't instant. Two separate countdowns must both expire before you can file for a default judgment:

The 30-day response window starts from the date of completed service. Once this expires without an Answer, your spouse is technically in default.

The 60-day waiting period under SDCL § 25-4-34 is counted starting the day after service. Since both timers run simultaneously and the waiting period is longer, the earliest you can file your default packet is day 61 after service.

If you served by publication, the service period runs for 28 days through four weekly publications, and the defendant then has 30 days after the final publication to respond. The 60-day waiting period is measured from completion of service under SDCL § 25-4-34, so do not automatically add all three periods together. Publication cases take significantly longer.

The Default Packet

Once both timers have expired, you file the default packet with the Clerk of Courts. The required forms differ depending on whether your case involves minor children:

Without children:

• Statement of Default (UJS-321A)
• Application for Judgment and Decree of Divorce Default (UJS-321B)
• Statement of Mailing (UJS-321D)
• Default Judgment and Decree of Divorce (UJS-322A)

With children:

• Statement of Default (UJS-323A)
• Application for Judgment and Decree of Divorce Default (UJS-323B)
• Statement of Mailing (UJS-323D)
• Default Judgment and Decree of Divorce (UJS-322B)

Both tracks also require the Statement of Military Status (UJS-306). Under the Servicemembers Civil Relief Act, you must confirm that the defendant is not on active military duty. The UJS website has a link to the Department of Defense database for this verification.

The Default Hearing

Unlike a stipulated divorce — where the judge signs the decree on paperwork alone — a default divorce requires a brief court appearance. You'll contact the Clerk of Courts to schedule the hearing.

At the hearing, you present standard testimony to the judge:

• Confirm your identity and residency
• State that the defendant was properly served
• Confirm the defendant hasn't responded within the statutory period
• Present your proposed terms for property division, and custody and support if applicable

If the judge is satisfied that service was proper and jurisdiction is established, they'll sign the Default Judgment and Decree of Divorce. The entire hearing typically takes 15 to 30 minutes.

Two Things That Can Derail a Default

Late Answer. If your spouse files an Answer after the 30-day window but before you file for default, do not assume the default path is still available. Once an Answer is on file, ask the Clerk of Courts how to proceed.

Improper service. If the court finds that your spouse wasn't properly served — wrong address, wrong form, no proof of service filed — the default fails. This is why documenting your service method thoroughly matters. Keep copies of everything: the signed Admission of Service, the sheriff's Proof of Service, or the affidavit of due diligence for publication.

After the Default Decree

Once the judge signs the decree, it's not automatically enforceable. You still need to complete the post-judgment steps: draft the Notice of Entry of Judgment and Decree of Divorce, mail a certified copy of the signed decree and the Notice of Entry to your spouse, and file the Statement of Mailing with the Clerk of Courts.

The South Dakota Divorce Filing Process Guide walks through the complete default sequence — from tracking your 30-day and 60-day deadlines to preparing for the default hearing and handling the post-decree filings.

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