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South Dakota Complaint (with Minor Children) Form

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South Dakota Complaint (with Minor Children) Form
South Dakota Complaint (with Minor Children) Form
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Form UJS-312 Rev. 02/2014
Instructions for Complaint With
Minor Children & Form
CAUTION: THIS FORM IS DESIGNED FOR DIVORCES WITH MINOR CHILDREN WHERE THE
PHYSICAL CUSTODY (WHERE THE CHILDREN WILL LIVE) IS NOT IN DISPUTE. DISPUTED CHILD
CUSTODY CASES ARE VERY COMPLICATED AND VERY EXPENSIVE. YOU ARE STRONGLY
ADVISED TO MEET WITH AND HIRE AN ATTORNEY TO PROTECT YOUR RIGHTS AND INTERESTS
IN A DISPUTED CHILD CUSTODY CASE.
A Complaint is required to begin a divorce action. A Complaint tells your spouse (and the
court) what you are asking for and why. This is merely the start of your divorce action. Please note
that you are not divorced until a Judgment and Decree of Divorce has been signed by the Judge and
filed with the Clerk of Court.
Complete this form in black or blue ink only!
Complete “the Caption.NOTE: The caption is the top portion of each form. You will need to know
the name of your county, judicial circuit (ask your Clerk of Court if you don’t know), name of
Plaintiff, name of Defendant and case filing number (ask your Clerk of Court if you don’t know). The
caption is the same on every form.
Answer or complete the paragraphs within the Complaint.
Paragraphs 1 6 are self-explanatory.
Paragraph No. 7: The primary reason for a divorce, in uncontested situations, is irreconcilable
differences (no fault by either party). However, you may want to select an alternative reason in
addition to irreconcilable differences. You are not, however, required to do so.
Please understand that seeking a divorce on the grounds other than irreconcilable
differences is likely to result in a contested divorce which is both costly and complex. In
those circumstances, you are strongly advised to meet with and hire and attorney to fully
protect your interests.
Paragraph 8: Indicate the present number of minor children born to or adopted by the parties during
your relationship / marriage. Indicate whether the Wife is pregnant and if so, what her due date is.
Paragraph 9: Fill in the minor children’s names and dates of birth.
Paragraph 10-12: For the Court to have the power to make custodial / parenting time (visitation)
orders, certain information must be provided:
10. For the past five years, indicate who the minor children have lived with, the county and
state of residence and time periods at each residence. If the children have not lived with
South Dakota Complaint (with Minor Children) Form
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