South Dakota Divorce Forms: Every UJS Form You Need and When to File It

The Two Form Packets Every Filer Needs to Know About

South Dakota's Unified Judicial System publishes standardized divorce forms that every Circuit Court in the state accepts. The forms are free to download from the UJS website, but the system splits them into two separate packets depending on whether you have minor children — and picking the wrong packet is one of the most common reasons clerks reject filings.

Without minor children, you need the Plaintiff Packet starting with Form UJS-307A (the plaintiff's checklist). With minor children, you need the packet starting with UJS-307B. The complaint, summons, and settlement forms all have different version numbers depending on which track you're on, so mixing forms across packets creates mismatched paperwork that the clerk's office will send back.

Here's what makes the forms confusing: the UJS website gives you every form in the packet at once, but it doesn't tell you which ones to complete first or which ones you won't need until months later. The filing sequence matters — your Financial Affidavit (UJS-023) needs to be completed before you file your Summons and Complaint, and your Stipulation and Settlement Agreement forms only become relevant after service and the 60-day waiting period.

The Core Filing Forms (Both Tracks)

Every South Dakota divorce filing starts with the same foundational documents, regardless of whether children are involved.

Case Filing Statement (UJS-232) kicks things off. This collects demographic information, Social Security Numbers (federally mandated under 42 U.S.C. § 666), and the case type designation. You'll file this alongside your Summons and Complaint when you bring everything to the Clerk of Courts with the $97 filing fee.

Financial Statement / Affidavit (UJS-023) requires full disclosure of income, assets, debts, and monthly expenses. Complete and notarize this before your initial filing — the clerk expects it as part of your opening paperwork.

Summons comes in two versions: UJS-309 (no minor children) or UJS-311 (with minor children). The full text of South Dakota's Automatic Temporary Restraining Order must appear on the face of the Summons under SDCL § 25-4-33.1.

Complaint for Divorce also has two versions: UJS-310 (no children) or UJS-312 (with children). This is where you state your grounds — most uncontested filers cite irreconcilable differences, though both spouses must consent in writing for no-fault grounds to hold.

Service and Response Forms

After you file with the court, you need to formally serve your spouse. The service forms depend on which method you use.

Notice and Admission of Service (UJS-315 or UJS-317) is the cooperative path. You send copies of all filed documents to your spouse along with this form. They have exactly 20 days to sign and return it. If they do, service is complete at zero cost beyond postage. If they don't return it within 20 days without good cause, SDCL § 15-6-4(i) allows the court to order them to pay for personal service.

Answer (UJS-316 or UJS-318) is the defendant's response form. Once served, the defendant has 30 days to file an Answer and serve a copy back on the plaintiff. The filing fee for a responsive pleading is $25.

Statement of Military Status (UJS-306) confirms the defendant isn't on active military duty. Required for default proceedings under the Servicemembers Civil Relief Act.

Settlement and Finalization Forms

How your case wraps up determines which finalization forms you need.

For the stipulated (uncontested) track:

• Stipulation and Settlement Agreement: UJS-324 (no children) or UJS-325 (with children) — both parties initial every page and sign before a notary
• Statement of Plaintiff and Defendant as to Jurisdiction and Grounds: UJS-319A or UJS-319B — signed under penalty of perjury, this satisfies SDCL § 25-4-17.3 and lets the judge finalize without a hearing
• Judgment and Decree of Divorce: UJS-326A or UJS-326B — the proposed decree you submit for the judge's signature

For the default track (defendant didn't respond within 30 days):

• Statement of Default: UJS-321A or UJS-323A
• Application for Judgment and Decree of Divorce Default: UJS-321B or UJS-323B
• Statement of Mailing: UJS-321D or UJS-323D
• Default Judgment and Decree: UJS-322A or UJS-322B

Children-Specific Forms

Cases involving minor children require additional paperwork beyond the child-specific versions of the core forms.

South Dakota Parenting Guidelines (UJS-302) must be attached to and served with the Summons and Complaint. These establish default visitation and care schedules based on child age and parental proximity.

Child Support Worksheets are generated through the Department of Social Services online calculator. Parents input their income figures, calculate the obligation, and submit a printout alongside the Child Support Order Filing Data Form (UJS-089).

Affidavit of Court-Approved Parenting Course (UJS-364) is used to request a waiver or delay of the parenting-course requirement when good cause exists. When the courses are completed, each parent's certificate of completion must be filed with the Clerk of Courts before the judge will sign any final decree.

Fee Waiver Forms

If you can't afford the $97 filing fee, Form UJS-022 (Motion, Affidavit, and Order to Waive Filing Fee & Service of Process Fee) asks the court to waive both the filing fee and sheriff service fees. You'll need to disclose all financial assets, public assistance benefits, and monthly obligations. If a Circuit Judge approves it, both fees are waived. If denied, you have 30 days to pay or the case gets dismissed.

Where the Forms Run Out

The UJS forms handle the mechanical side of divorce — filling in blanks, checking boxes, printing in black ink, filing originals with the clerk. What they don't do is tell you the sequence, the deadlines, or the decision points that connect one form to the next.

The South Dakota Divorce Filing Process Guide walks through that operational layer: which form triggers which deadline, how the 60-day waiting period actually works, and what to do when your spouse doesn't cooperate with service. It picks up where the blank forms leave off.

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