South Dakota Divorce With Children: Extra Forms, Classes, and Deadlines

Different Forms for Cases With Children

If you and your spouse have minor children, the child-specific versions replace the standard forms for the children-involved track.

The key differences start at filing. Instead of the standard Summons (UJS-309) and Complaint (UJS-310), you file the child-specific Summons (UJS-311) and Complaint (UJS-312). These forms include additional sections for custody arrangements, parenting time proposals, and child support obligations.

You must also attach and serve a copy of the South Dakota Parenting Guidelines (UJS-302) with your Summons and Complaint. These guidelines establish default visitation schedules and care standards based on the child's age and the distance between parents' homes. They aren't optional — failing to include them with your service documents is a common reason for rejection.

The Plaintiff's Checklist also has its own child-specific version (UJS-307B instead of UJS-307A). The settlement forms follow the same pattern: UJS-325 replaces UJS-324 for the Stipulation and Settlement Agreement.

The Parenting Education Requirement

Under Supreme Court Rule 22-09, both parents in any case involving child custody or parenting time must complete a court-approved parenting education course. This isn't a suggestion — the judge will not sign a final divorce decree until both certificates of completion are filed with the Clerk of Courts.

The deadline: Both parents must complete the course within 60 days of the date the defendant was served. Since the 60-day waiting period runs on the same clock, the parenting course and the waiting period effectively share a deadline.

The cost: Approved courses range from $20 to $75. The court cannot waive this fee even if your filing fee is waived. You'll need to pay for the course yourself.

Finding a course: The UJS website maintains a directory of approved courses by judicial circuit. Some circuits offer the SMILE (Start Making It Livable for Everyone) program, which is available in-person and online in Minnehaha and select other counties. Check the directory for approved virtual options in your circuit.

Filing the certificate: Once you complete the course, it's your responsibility to file the certificate of completion with the Clerk of Courts. Don't assume the course provider files it for you — they typically don't.

Waiver: A judge can waive or delay the course requirement only on a showing of good cause, which is highly restricted. Common accepted grounds: the parent already completed an approved course within the past five years, or one parent is in default. The waiver request uses Form UJS-364.

Child Support Worksheets

South Dakota uses an income-shares model for calculating child support. Both parents' gross incomes are plugged into the Department of Social Services online calculator, which generates a worksheet showing each parent's proportional obligation.

You must complete the worksheet and include it in your finalization packet alongside the Child Support Order Filing Data Form (UJS-089). The calculator is free and available on the DSS website — you don't need a lawyer or accountant to run it, though you do need accurate income figures for both parents.

If one parent has primary custody, the non-custodial parent's calculated share becomes the monthly child support obligation. Joint custody arrangements adjust the formula based on overnights and shared expenses.

How Children Affect the Timeline

In the best case, adding children to a South Dakota divorce doesn't extend the timeline much. The parenting course, child support calculations, and custody agreements can all run in parallel with the 60-day waiting period. If both parents complete the course on time and agree on terms, a case with children can finalize in the same 60 to 90 days as a case without children.

In the worst case, disagreements about custody or parenting time convert the case from uncontested to contested. Contested custody disputes are among the most expensive and time-consuming parts of family litigation, often requiring evaluators, mediators, and multiple hearings over 6 to 18 months.

Planning the Extra Steps

The child-specific requirements aren't difficult — they're just additional items that need to happen on deadline. Missing the parenting course deadline or forgetting to serve the Parenting Guidelines with your initial documents can delay your case by weeks.

The South Dakota Divorce Filing Process Guide separates the with-children and without-children tracks so you see exactly which forms, courses, and filings apply to your situation.

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