Plaintiff's Affidavit in Support of Decree: This Affidavit indicates that the parties have agreed to be divorced and have settled all terms thereof in the Separation and Property Settlement Agreement which is fair and equitable. It is further requested that the Court enter a Decree of Divorce based on that document.
South Dakota Plaintiff's Affidavit in Support of Decree
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South Dakota Divorce Overview In South Dakota, a divorce can be completed on average in a minimum of 60 days, with court fees of $95.00. Unlike many states, South Dakota does not have any divorce residency requirements determining how long the appellant must have lived in South Dakota prior to filing for divorce.
The court fees for filing the paperwork for a basic divorce in a South Dakota court is $95.00. However, the total costs for a divorce can be much higher - especially in the case of a contested divorce, where attorney fees and mediation costs average from $15,000 to $20,000 or more.
Starting a Divorce First, complete the "Case Filing Statement" either in Word or Word form. For divorce, select "Divorce" under the Family section on the first page. Next, select Plaintiff/Petitioner under the Family section on the second page. Also complete your personal information.
An Affidavit of Default is a sworn statement telling the court that you served the Summons (with Children) and Complaint with Minor Children on the Defendant and that he/she has not responded within thirty days after the completed service.
You will typically file the divorce paperwork in the county circuit court where you live. If you have separated from your spouse and live in different counties, you may file your paperwork in either county's circuit court. (S.D. Codified Laws § 25-4-30.1.)
Under South Dakota law a divorce may be granted for any of the following grounds: adultery, extreme cruelty (including bodily injury or grievous mental suffering), willful desertion, willful neglect, habitual intemperance, conviction of a felony, chronic mental illness or irreconcilable differences.
Unlike some other states, South Dakota does not accept joint divorce petitions, even for uncontested divorces. Instead, the spouse who prepares and files the initial paperwork, the "plaintiff," must file the following documents with the court before the court proceeds with the case: Case Filing Statement.