What Happens After Filing for Divorce in South Dakota

The Filing Is Just the Starting Line

You've walked into the Clerk of Courts office, paid the $97 filing fee, and handed over your Summons, Complaint, and Financial Affidavit. The case is open. But filing doesn't start any of the timers that actually move your divorce toward a decree — that happens when you serve your spouse.

Here's the sequence of events after filing, in the order they actually unfold.

Step 1: Serve Your Spouse

Service of process is the first and most time-sensitive action after filing. Until your spouse is formally served, the 60-day waiting period doesn't start, the 30-day response window doesn't start, and your case sits idle.

You have three options. Admission of Service (UJS-315 or UJS-317) is the cheapest: mail or deliver the documents to your spouse, and they have 20 days to sign and return the form. If they won't cooperate, personal service through a county sheriff ($50 plus mileage) or private process server ($50 to $75) forces the issue. If you can't locate your spouse at all, service by publication through a legal newspaper ($100 to $250) is the last resort.

Step 2: The ATRO Takes Effect

The moment the case is filed, an Automatic Temporary Restraining Order under SDCL § 25-4-33.1 binds you as the plaintiff. Once your spouse is served, it binds them too. The ATRO stays in effect until the final decree is signed.

Four restrictions apply to both spouses:

• No transferring, encumbering, hiding, or disposing of marital assets without the other spouse's written consent or a court order, except in the usual course of business or for standard necessities of life
• No harassing or disturbing the peace of the other party
• No removing minor children from South Dakota without written consent or a court order
• No changing or canceling insurance policies (health, dental, life, auto, disability) that cover either spouse or the children, unless the change increases benefits

Violations are punishable as contempt of court. If your spouse empties a joint account or cancels your health insurance after being served, you can petition the court for sanctions.

Step 3: Watch the Two Timers

After service, two countdowns run simultaneously.

30-day response window. Your spouse has exactly 30 days from the date of completed service to file an Answer (UJS-316 or UJS-318) with the Clerk of Courts and serve a copy on you. If they respond, the case moves to the stipulated or contested track depending on whether you agree on terms. If they don't respond, the case heads toward a default judgment.

60-day waiting period. Under SDCL § 25-4-34, no judge can finalize a divorce until 60 full days counted from the day after service have elapsed. This is mandatory and can't be waived. The earliest your decree can be signed is day 61 after service.

Service starts both timers; the 30-day response window runs from the date of completed service, while the 60-day waiting period is counted beginning the next day. The 30-day response window expires first, telling you whether you're on the cooperative, default, or contested path. The 60-day waiting period governs when the case can actually close.

Step 4: Exchange Financial Disclosure

Both spouses must complete the Financial Statement / Affidavit (UJS-023). You likely filed yours with your initial paperwork. Your spouse should complete theirs as part of their response — or if they're cooperating, during the settlement negotiation.

The financial affidavit requires full disclosure: gross monthly income, monthly expenses, all assets (real property, vehicles, bank accounts, retirement accounts, investments), and all debts. Incomplete or inaccurate disclosure can lead to the court reopening the settlement after the divorce.

Step 5: Parenting Course (If Children Are Involved)

If your case involves minor children, both parents must complete a court-approved parenting education course within 60 days of service. Courses cost $20 to $75; approved online options may be available, but verify the provider with your judicial circuit. File the completion certificate directly with the Clerk of Courts — the judge won't sign the decree without both certificates on record.

Step 6: Settlement or Escalation

If your spouse responds cooperatively, you negotiate and sign the Stipulation and Settlement Agreement (UJS-324 or UJS-325). Once the 60-day waiting period expires, submit the finalization packet for the judge's signature. No hearing needed.

If your spouse doesn't respond at all, file the default packet after day 60 and schedule a brief hearing.

If your spouse responds but disputes terms, the case enters the contested track with discovery, mediation, and potentially a trial.

Getting Through the Sequence

The post-filing period has more moving parts than the filing itself — service deadlines, financial disclosure, parenting courses, ATRO compliance, and settlement negotiation all running in parallel. The South Dakota Divorce Filing Process Guide maps the full sequence with tracking tools for each deadline.

See more South Dakota guides →