South Dakota Divorce Hearing: What to Expect and How to Prepare

Not Every Divorce Requires a Hearing

If your case is on the stipulated (uncontested) track — both spouses agreed on all terms and signed the Stipulation and Settlement Agreement — you don't go to court at all. The finalization packet is submitted to the Clerk of Courts, and the judge reviews and signs the decree on paperwork alone. That's the finish line for most cooperative divorces.

Hearings happen in two situations: default divorces and contested matters.

The Default Hearing

A default hearing is required when the defendant never filed an Answer within 30 days of service. It's the most common type of hearing for self-represented filers, and it's brief — usually 15 to 30 minutes.

You'll schedule the hearing through the Clerk of Courts office after filing your default packet (the Application for Default Judgment, Statement of Default, and proposed decree). The clerk will give you a date, time, and courtroom.

What to bring:

• Your original filed documents (the Clerk's office has copies, but bring your set as backup)
• The proposed Default Judgment and Decree of Divorce (UJS-322A or UJS-322B)
• Statement of Military Status (UJS-306) confirming the defendant isn't on active duty
• Child support worksheets and UJS-089 if children are involved
• Certificates of completion for the parenting course (if applicable)
• A government-issued photo ID

What the judge asks: The judge's questions follow a standard script to confirm jurisdiction and the basics of the case. Expect variations of:

• State your full name and address
• How long have you been a resident of South Dakota?
• When were you married, and where?
• When was the defendant served?
• Has the defendant filed any response?
• What are the grounds for divorce? (Irreconcilable differences, for most cases)
• For cases with children: What custody arrangement are you proposing? What child support amount was calculated?
• Are the terms in the proposed decree fair and equitable?

Answer each question directly. The judge isn't testing you — they're building a record that the decree has a proper legal foundation.

Temporary Hearings in Contested Cases

If your case is contested, you may face hearings for temporary orders before the case is resolved. Either spouse can request temporary custody, child support, spousal maintenance, or exclusive use of the family home while the divorce is pending.

Temporary hearings are more adversarial. Both sides present their positions, and the judge issues orders that stay in effect until the final decree. If you're representing yourself in a contested temporary hearing, preparation matters significantly — you need to have your financial affidavit current, your proposed schedule documented, and any evidence of immediate need organized.

Courtroom Basics

South Dakota Circuit Courts are formal settings. A few practical points:

Dress appropriately. Business casual at minimum. Judges notice when parties take the proceeding seriously.

Arrive early. Check in with the clerk in the courtroom before your case is called. They'll tell you where to sit and when you'll be called.

Stand when addressing the judge. Address them as "Your Honor." Wait for questions rather than volunteering information.

Don't argue with the judge or the other party. If the judge asks a question you don't understand, say so. If they make a ruling you disagree with, that's what the appeals process is for — not the hearing itself.

Bring extra copies. Judges occasionally ask for an additional copy of a document. Having a spare set avoids delays.

After the Hearing

If the judge signs your decree at the hearing, the divorce is granted — but you still need to complete the post-judgment steps. Draft the Notice of Entry of Judgment, mail a certified copy of the signed decree and Notice to your former spouse, and file the Statement of Mailing with the Clerk of Courts.

The South Dakota Divorce Filing Process Guide includes hearing preparation checklists for default hearings and a Court Clerk Conversation Guide with scripts for common courthouse interactions.

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