South Dakota · Serving papers · Updated Oct 2026

Serving divorce papers in South Dakota

After you file in South Dakota, your spouse must get the papers. This page covers who can deliver the papers, the deadline to respond, what happens without a response and the law.

In short

Your spouse must be served with the summons and complaint (by the sheriff or another adult not in the case), or can sign a Notice and Admission of Service (e.g., UJS-315). Time to respond: 30 days after service (SDCL 15-6-12(a)); if no answer, you can apply for a default judgment.

Law
SDCL 25-4A-11; UJS divorce forms

How papers are served in South Dakota

  • Your spouse must be served with the summons and complaint (by the sheriff or another adult not in the case), or can sign a Notice and Admission of Service (e.g., UJS-315).
  • When there are minor children, the plaintiff must also serve the Standard Guidelines, which become a court order on service.

Law: SDCL 25-4A-11; UJS divorce forms

Deadline to respond and default

30 days after service (SDCL 15-6-12(a)); if no answer, you can apply for a default judgment

Serving your spouse in South Dakota, step by step

  1. File your papers first

    File with the Circuit Court. Service comes after filing.

  2. Serve the papers

    Your spouse must be served with the summons and complaint (by the sheriff or another adult not in the case), or can sign a Notice and Admission of Service (e.g., UJS-315).

  3. File proof of service

    File the proof of service with the court.

  4. Watch the deadline

    30 days after service (SDCL 15-6-12(a)); if no answer, you can apply for a default judgment.

  5. If there is no response

    30 days after service (SDCL 15-6-12(a)); if no answer, you can apply for a default judgment

Questions about serving divorce papers in South Dakota

How do you serve divorce papers in South Dakota?

Your spouse must be served with the summons and complaint (by the sheriff or another adult not in the case), or can sign a Notice and Admission of Service (e.g., UJS-315). When there are minor children, the plaintiff must also serve the Standard Guidelines, which become a court order on service.

How long does my spouse have to respond in South Dakota?

30 days after service (SDCL 15-6-12(a)); if no answer, you can apply for a default judgment

What if my spouse doesn't respond in South Dakota?

30 days after service (SDCL 15-6-12(a)); if no answer, you can apply for a default judgment

More about divorce in South Dakota

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Sources

Last checked: Oct 24, 2026.