Reviewed August 2026
Uncontested Divorce Checklist in South Dakota
A South Dakota divorce counts as uncontested when both spouses agree on the grounds and sign a Stipulation and Settlement Agreement. That agreement settles property, debt, and any custody and support terms. South Dakota does not have a separate simplified divorce statute. An uncontested case uses the same court forms as a contested one, just without a trial. Both spouses can even ask the judge to decide the case without either one appearing in court. South Dakota is unusual because it has no minimum residency period at all. A person can establish residency and file the same day. This must be done in good faith, not solely to get a quick divorce. That flexibility, combined with the state's stipulated divorce paperwork, is what lets an agreed South Dakota case move fast.
Virdix's document-preparation product currently prepares divorce paperwork for California and Florida cases. This page explains how uncontested divorce checklist works under South Dakota law for people researching before they file. It is not legal advice, and Virdix does not prepare or file South Dakota paperwork. See how Virdix works for California divorces.
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What makes a South Dakota divorce uncontested
A case is uncontested, or stipulated, when both spouses agree on the grounds for divorce. They also need a signed written settlement covering property division, debt, and, for couples with children, custody and support. South Dakota's most common no-fault ground is irreconcilable differences. This ground requires both parties to agree. If the other spouse does not make a general appearance, the case can proceed by default instead. Residency has no fixed minimum duration. But the plaintiff must be a genuine South Dakota resident, or a servicemember stationed there, when the case is filed.
No separate summary track, but a stipulated process built for agreement
South Dakota has no separate simplified or summary dissolution track with its own marriage-length or property limits. Instead, an agreeing couple uses the same Complaint for Divorce forms as any other case. They pair it with a Stipulation and Settlement Agreement, form UJS-324, and a Statement as to Jurisdiction and Grounds, form UJS-319A. These documents let both spouses formally agree to the grounds. They also let the couple ask the court to enter judgment without a contested trial.
Document checklist
A South Dakota filing without minor children uses form UJS-310, the Complaint for Divorce, paired with UJS-309, the Summons. A filing with minor children uses UJS-312 and its UJS-311 Summons. The Stipulation and Settlement Agreement and Statement as to Jurisdiction and Grounds support a stipulated case. The packet ends with a proposed Judgment and Decree of Divorce for the judge to sign. South Dakota's free Guide and File tool generates the completed packet from a guided interview. Self-represented filers still print the originals and file them with the county Clerk of Courts, not through e-filing. Filers who cannot afford the roughly $97 filing fee can submit UJS-022, the Motion, Affidavit, and Order to Waive Filing Fee and Service of Process Fee.
Is a hearing required
Not necessarily. South Dakota's Statement as to Jurisdiction and Grounds lets both spouses waive notice of trial, notice of hearing, and formal findings of fact. They can consent to the court entering a Judgment and Decree of Divorce without either party appearing. This applies once the judge finds just cause for the divorce. The state's own instructions are clear about the limit of this waiver, though. It can help waive a court hearing, but the judge on the case may still require one. Filers should confirm with the Clerk of Court whether their case will get a hearing before assuming it will not.
Sources: South Dakota Unified Judicial System, Divorce Without Children forms packet, South Dakota Codified Law 25-4-17.2, stipulated divorce provisions, South Dakota Unified Judicial System, family law self-help divorce hub
Not independently confirmed
- Which specific circuit courts routinely grant the hearing waiver versus schedule a hearing anyway; this appears to be judge-by-judge discretion rather than a uniform statewide rule
- Whether e-filing is available to self-represented South Dakota divorce filers in any county
Uncontested Divorce Checklist in South Dakota: frequently asked questions
What qualifies a South Dakota divorce as uncontested?+
Both spouses agree on the grounds, most often irreconcilable differences. They have signed a Stipulation and Settlement Agreement resolving property, debt, and any custody and support terms. South Dakota has no minimum residency duration. But the plaintiff must be a genuine, good-faith South Dakota resident when the case is filed.
Does South Dakota have a simplified divorce process?+
Not a separate statutory track. An uncontested, or stipulated, divorce uses the same forms as a contested case: UJS-310 or UJS-312 for the Complaint. It's paired with a Stipulation and Settlement Agreement and a Statement as to Jurisdiction and Grounds that let the couple avoid a trial.
Can we get a South Dakota divorce without going to court?+
Possibly. The Statement as to Jurisdiction and Grounds lets both spouses waive notice of hearing and trial. They can ask the judge to enter judgment without either party appearing. The state's own instructions note the judge on the case may still require a hearing despite the waiver.
What forms does a South Dakota uncontested divorce need?+
UJS-310, Complaint for Divorce without Minor Children, with UJS-309 Summons. Or UJS-312 with UJS-311 Summons if there are minor children. Add UJS-324, the Stipulation and Settlement Agreement, and UJS-319A, the Statement as to Jurisdiction and Grounds.
Is there a residency requirement for a South Dakota divorce?+
No fixed minimum duration. A person can establish South Dakota residency and file the same day. This must be done in good faith, not solely to get a quick divorce. Courts may examine ties like housing, employment, or school enrollment to confirm good faith.
What if I can't afford the South Dakota filing fee?+
File UJS-022, the Motion, Affidavit, and Order to Waive Filing Fee and Service of Process Fee. Include the financial statement instructions in UJS-023. This asks the court to waive the roughly $97 fee based on your inability to pay.
This page is general information about uncontested divorce checklist in South Dakota, not legal advice for your situation. Laws, fees, and procedures change over time; confirm current details with South Dakota's own courts before relying on anything here. Virdix is not a law firm and is not licensed to practice law in South Dakota. Virdix does not prepare or file South Dakota divorce paperwork. It is not a substitute for an attorney licensed in South Dakota.
More South Dakota divorce guides
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In the states Virdix serves, it guides you through that state's own court forms so your paperwork is complete and consistent before you file. If you're filing in South Dakota, the resources above are the right place to start, and the form above will tell you the moment Virdix reaches your state.
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