south dakota divorce handbook

8/12/2019 South Dakota Divorce Handbook

1/70

This Handbook ContainsThe Complete South Dakota Divorce Law, Information on Divorce,Child Custody, Child Support, The South Dakota Child Support

Guideline, Property Division, Filing Instructions and Fees,Easy-To-Use Document Examples

ByEugene Powell Till

DIVORCE

Do It Yourself

South DakotaDivorce Handbook

Divorce does not have to be a war between two lawyers. It can be accomplished in acivilized and amicable manner. The law allows you to represent yourself in court. If youare able to read and write basic English and understand the information contained in thishandbook, you should be able to do it.

pid City Public Library610 Quincy St.

apid City, SD 57701


2/70

IMPORTANT INFORMATION

Oxford Legal Reform publications are

designed to provide the best available servicefor the purposes intended. The information isprovided with the understanding that the pub-lisher, author, and representatives are in thebusiness of providing information and educa-tion and are not engaged in rendering legalservices. If legal advice is required, theservices of a competent legal professionalshould be sought.

The content of our guide has beencarefully compiled from sources believed tobe the best and most reliable available, butaccuracy will vary as laws and regulationschange and differing interpretations are de-veloped.

The publisher, author and representa-

tives shall have neither liability nor respon-sibility to any person or entity with respect toany loss or damage caused or alleged to becaused directly or indirectly by the use of Oxford Legal Reform documents.

As with any matter of importance, com-mon sense should prevail. It is stronglyrecommended that professional legal advicebe obtained when circumstances dictate theneed.

You are now on your way to gaining abetter understanding of some of the availableoptions for your situation. Congratulations onyour courage to improve you life.

Copyright, Oxford Legal Reform, 1999

First Printing

Reproduced of any the forms for personal use is authorized. However, any other reproduction in whole or partwithout written permission from the publisher is unauthorized.

PRINTED IN THE UNITED STATES OF AMERICA

DISTRIBUTED BY OXFORD LEGAL REFORM3911 West Chicago St.Rapid City, SD 57702Phone: (605) 342-1409


3/70

CONTENTS

Page(s)

THE NEED FOR THIS BOOK 1

DIVORCE, ALIMONY& MAINTENANCE, CHILD CUSTODY 2

CHILD'S BILL OF RIGHTS, CHILD SUPPORT 3 - 4

SOUTH DAKOTA CHILD SUPPORT GUIDELINE SCHEDULE 5 - 8

PROPERTY DIVISION 9

DOCUMENTS TO BE PREPARED _ 1 0

PHASE ONE - GETTING STARTED 1 1 - 12

PHASE TWO 1 3

PHASE FOUR, FIVE AND SIX 1 4

OPTIONAL WORDING FOR STIPULATION AGREEMENT 1 5 - 19

EXAMPLE COMPLAINT 2 0 - 2 1

EXAMPLE SUMMONS2 2 - 2 3

EXAMPLE CERTIFICATE OF SERVICE 2 4

EXAMPLE ADMISSION OF SERVICE 2 5

EXAMPLE PLAINTIFF AFFIDAVIT 2 6 - 2 7

EXAMPLE DEFENDANT AFFIDAVIT 28 - 2 9

EXAMPLE STIPULATION AND AGREEMENT 3 0 - 3 9

EXAMPLE JUDGMENT AND DECREE OF DIVORCE 4 0 - 4 1

EXAMPLE NOTICE OF ENTRY OF JUDGMENT AND DECREE 4 2

EXAMPLE CERTIFICATE OF SERVICE 4 3

SOUTH DAKOTA CODIFIED LAWS - CHAPTER 25-4 4 4 - 67


4/70

THE NEED FOR THIS BOOK

This book is prepared to meet the need for open access to information regarding simple legal services forthose wish to exercise their right to represent themselves. It is not written by a lawyer. The author is anindependent paralegal who has prepared this book to serve as a source of information for the average personwho wishes to prepare his/her own divorce papers. It provides a complete copy of the South Dakota lawregarding divorce, forms for gathering needed information and presents a standard format for documentpreparation and filing for a divorce.

DIVORCE Black's Law Dictionary defines divorce as the legal separation of man and wife, effected by the judgment or decree of a court, andeither totally dissolving the marriage relation, or suspending itseffects so far as concerns the cohabitation of the parties.

SHOULD YOU DIVORCE No one should make that decision but you. If you and your spousebelieve there is any chance for saving your marriage, this book should be put aside and all efforts should be made toward workingthings out.If, however, you have decided that there is no way your marriagecan survive, this book can be a valuable tool in making you awareof how the system works and providing you with the informationnecessary for you to do your own work.

CAN YOU PREPARE AND YES ! The law allows you to represent yourself inFILE YOUR OWN court without the aid of an attorney. If you are able to read and writeDIVORCE DOCUMENTS ? basic English and understand the information contained in this

book you should be able to do it. If you can't type, our typingservice can do the typing for you.

LAWYERS Divorce does not have to be a war between two lawyers. Lawyersare expensive and have been known to introduce an adversarialapproach to the divorce process which can intensify any conflictwhich may already exist. They have a tendency to over demand infavor of their client and make harsh statements that are harmful andobjectionable to both sides. This is usually explained to the clientas justifiable procedure for negotiating.

An Oxford Legal Reform Publication 1


5/70

Terms You Should Know

1. No Fault Divorce: You are not required to prove fault or grounds for divorce beyond

the showing of an irretrievable breakdown of marriage or irreconcilable differences.Black's Law Dictionary

2. Alimony and Maintenance: Support is available to either spouse from the other.Award of support is usually viewed as temporary and is established to allow the lessself-sufficient spouse adequate time to become more self-sufficient through educa-tion or work. Consideration is given to: duration of the marriage; the ability of thespouse from whom support is sought to meet his or her needs while meeting those of the spouse seeking support; the financial resources of the spouse seeking mainte-nance, including marital property apportioned to such spouse and such spouse'sability to meet his or her needs independently; comparative financial resources of thespouses, including their comparative earning abilities in the labor market; the age of the spouses; the physical and emotional conditions of the spouses; the fault of thespouses during the marriage. Reasonable security may be required to guarantee thepayment of maintenance.

3. Child Custody: Both parents are presumed to be equally qualified to be grantedcustody of a child unless there is sufficient evidence to the contrary. Joint custodyby both natural parents is not uncommon. The mother is usually considered theprimary care-giver and in the majority of cases is awarded the physical custody of minor children.

The best interest of the child is given the highest priority. Consideration isgiven to: age and sex of the child; the child's preference; which parent now providesprimary care; where does the child now live; their school; their church; any physicalor emotional health problems; special medical needs; who will provide the higherethical, moral and spiritual growth; who will provide the most love and affection; hasthere been any history of violence or child abuse; which spouse has the betterphysical, mental, or moral fitness,

a. Sole Custody: Under sole custody, one parent is awarded both physi-cal and legal custody. Physical custody is the right to have the child live with thecustodial parent. Legal custody is the right to make all of the major decisions relating

to the upbringing of the child. In most Sole Custody arrangements, the non-custodialparent is afforded some type of reasonable visitation rights unless there is a dangerof harm to the child. This is usually the form of custody used in the majority of divorces involving children



6/70


b. Joint or Shared Custody: Under joint or shared custody both parents aregiven a voice in the major decisions involved in the raising of the children. Usually

one parent is awarded sole physical custody with the other parent being allowedreasonable visitation privileges. Both parents, however, are usually awarded legalcustody which allows both the right to make major decisions which may involvereligious, educational, medical and social circumstances.

4. Child's Bill of Rights: The Wisconsin Supreme Court developed the following Billof Rights for Children and they are worthy of consideration in South Dakota:

a. The right to a continuing relationship with both parents;b. The right to be treated as an important human being, with unique feelings,

ideas, and desires;c. The right to continuing care and guidance from both parents;d. The right to know and appreciate what is good in each parent without one

parent degrading the other,e. The right to express love, affection, and respect for each parent without having

to strifle that love because of disapproval of the other parent;f. The right to know that a parent's decision to divorce was not the responsibility

of the child;g. The right not to be a source of argument between the parents;h. The right to honest answers about the changing family relationships;i. The right to be able to experience regular and consistent contact with both

parents and the right to know the reason for any cancellation of time or changeof plans;

j. The right to have a relaxed, secure relationship with both parents withoutbeing placed in a position to manipulate one parent against the other.

5. Child Support: In most cases, the parent who does not have physical custody of achild must provide child support to the parent who has custody. The State of SouthDakota has established guidelines for determining the level of support required for theadequate and satisfactory care for children and they are listed in this section. You

would do well to know that the majority of court-ordered child support payments areneither paid in full nor on time. Nearly one-third of the children entitled to childsupport receive no support at all. To assist with this problem, South Dakota hasadopted the Uniform Reciprocal Enforcement of Support Act to enforce the collectionof delinquent child support payments. Support payments may be ordered to be paidthrough the court clerk. Wage withholding orders may also be ordered.



7/70


Parents of natural as well as adopted minor children have the same legal obligationto provide adequate support for a child until the child reaches 18 years of age. Thislegal duty includes providing food, clothing, shelter, medical care, and education.

The goal is to achieve a fair division of the income of both parents in order to providesatisfactory support of the children. South Dakota has provided a guideline inaccordance with The Family Support Act of 1988 and it is listed in the following pages.

Either or both parents may be ordered to provide child support. Exceptions to theofficial schedule may be based upon financial conditions of either parent that wouldmake adherence to the schedule inequitable; income tax consequences; special needsof the child; income from other persons; effect of custody and visitation provisions;child care expenses necessary to obtain employment, education, or training; agree-ments between the parents which provide other forms of support for the direct benefitof the child; a voluntary reduction in the income of either parent; any other supportobligations of a parent.

Child support can be modified later. The courts always have authority to increase ordecrease the amount of support based upon changed circumstances. A brochure isavailable from The South Dakota Department of Social Services which outlines theprocedure.

PLEASE REFER TO THE FOLLOWING 4 PAGES FOR THE SOUTH DAKOTA CHILD SUPPORT GUIDELINE SCHEDULE



8/70

South Dakota Child Support Guideline Laws ScheduleCombinedMonthly One Two Three Four Five SixNet Income Child Children Children Children Children Children

$1-1,000 $50 $50 $50 $50 S50 $50$1,050 $74 $75 $76 $77 $78 $78$1,100 $119 $121 $122 $123 $125 $126$1,150 $164 $166 $168 $170 $172 $173

$1,200 $209 $212 $214 $216 $219 $221$1,250 $254 $257 $260 $263 $266 $268$1,300 $299 $303 $306 $309 $313 $316$1,350 $322 $348 $352 $356 $360 $363$1,400 $333 $394 $398 $402 $407 $411$1,450 $344 $439 $444 $449 $454 $458$1,500 $355 $485 $490 $495 $501 $506$1,550 $366 $530 $536 $542 $548 $553$1,600 $378 $547 $582 $588 $595 $601$1,650 $389 $563 $628 $635 $642 $348$1,700 $400 $579 $674 $681 $689 $696$1,750 $411 $595 $701 $728 $736 $743$1,800 $422 $611 $719 $774 $783 $791$1,850 $434 $627 $737 $815 $830 $838

$1,900 $443 $641 $754 $833 $877 $886$1,950 $452 $654 $769 $849 $921 $933$2,000 $460 $666 $783 $866 $938 $981$2,050 $469 $678 $798 $882 $956 $1,023$2,100 $477 $691 $813 $898 $974 $1,042$2,150 $485 $703 $828 $914 $991 $1,061$2,200 $494 $715 $842 $931 $1,009 $1,079$2,250 $502 $728 $857 $947 $1,026 $1,098$2,300 $510 $739 $870 $962 $1,043 $1,116$2,350 $515 $745 $878 $970 $1,051 $1,125$2,400 $520 $752 $885 $978 $1,060 $1,134$2,450 $524 $758 $892 $986 $1,068 $1,143$2,500 $529 $765 $899 $993 $1,077 $1,152$2,550 $534 $771 $906 $1,001 $1,085 $1,161

$2,600 $538 $778 $913 $1,009 $1,094 $1,171$2,650 $543 $784 $921 $1,017 $1,103 $1,180$2,700 $548 $791 $928 $1,025 S1,111 $1,189$2,750 $555 $800 $938 $1,037 $1,124 $1,203$2,800 $562 $810 $950 $1,050 $1,138 $1,217$2,850 $569 $820 $961 $1,062 $1,151 $1,232$2,900 $576. $830 $973 $1,075 $1,165 $1,247$2,950 $583 $840 $984 $1,088 $1,179 $1,252$3,000 $590 $850 $996 $1,100 $1,193 $1,276$3,050 $598 $860 $1,007 $1,113 $1,207 $1,291$3,100 $605 $870 $1,019 $1,126 $1,120 $1,306$3,150 $611 $880 $1,030 $1,138 $1,234 $1,320$3,200 $618 $889 $1,041 $1,150 $1,247 $1,334$3,250 $624 $898 $1,052 $1,163 $1,260 $1,348

$3,300 $630 $907 $1,063 $1,175 $1,273 $1,363$3,350 $637 $917 $1,074 $1,187 $1,287 $1,377$3,400 $643 $926 $1,085 $1,199 $1,300 $1,391$3,450 $649 $935 $1,096 $1,211 $1,313 $1,405$3,500 $656 $944 $1,107 $1,223 $1,326 $1,419$3,550 $662 $954 $1,118 $1,236 $1,340 $1,433$3,600 $670 $965 $1,131 $1,249 $1,354 $1,449$3,650 $677 $975 $1,143 $1,263 $1,369 $1,465$3,700 $685 $986 $1,155 $1,276 $1,384 $1,480$3,750 $692 $997 $1,167 $1,290 $1,398 $1,496$3,800 $700 $1,007 $1,180 $1,303 $1,413 $1,512$3,850 $707 $1,018 $1,192 $1,317 $1,428 $1,527



9/70

CombinedMonthly One Two Three Four Five SixNet Income Child Children Children Children Children Children

$3,900 $715 $1,028 $1,204 $1,330 $1,442 $1,543$3,950 $723 $1,039 $1,216 $1,344 $1,457 $1,559$4,000 $729 $1,049 $1,227 $1,356 $1,470 $1,573$4,050 $736 $1,058 $1,238 $1,369 $1,483 $1,587$4,100 $742 $1,067 $1,249 $1,381 $1,497 $1,601$4,150 $749 $1,077 $1,261 $1,393 $1,510 $1,616$4,200 $755 $1,086 $1,272 $1,405 $1,523 $1,630$4,250 $762 $1,096 $1,283 $1,417 $1,536 $1,644$4,300 $768 $1,105 $1,294 $1,429 $1,549 $1,558$4,350 $775 $1,114 $1,305 $1,442 $1,563 $1,572$4,400 $781 $1,124 $1,316 $1,454 $1,576 $1,686$4,450 $788 $1,133 $1,327 $1,466 $1,589 $1,700$4,500 $794 $1,143 $1,338 $1,478 $1,602 $1,414$4,550 $801 $1,152 $1,349 $1,490 $1,615 $1,729$4,600 $807 $1,161 $1,359 $1,502 $1,628 $1,742$4,650 $812 $1,158 $1,368 $1,512 $1,639 $1,754$4,700 $817 $1,176 $1,377 $1,522 $1,650 $1,765$4,750 $822 $1,183 $1,386 $1,532 $1,661 $1,777$4,800 $826 $1,190 $1,396 $1,542 $1,672 $1,789$4,850 $831 $1,198 $1,405 $1,552 $1,683 $1,800$4,900 $836 $1,205 $1,414 $1,562 $1,694 $1,812$4,950 $841 $1,213 $1,423 $1,572 $1,705 $1,824$5,000 $846 $1,220 $1,432 $1,583 $1,716 $1,836$5,050 $851 $1,228 $1,441 $1,593 $1,727 $1,847$5,100 $856 $1,235 $1,451 $1,603 $1,737 $1,859$5,150 $861 $1,243 $1,460 $1,613 $1,748 $1,871$5,200 $866 $1,250 $1,469 $1,623 $1,759 $1,883$5,250 $871 $1,257 $1,478 $1,633 $1,770 $1,894$5,300 $876 $1,265 $1,487 $1,643 $1,781 $1,906$5,350 $880 $1,272 $1,496 $1,653 $1,792 $1,918$5,400 $885 $1,280 $1,505 $1,663 $1,803 $1,929$5,450 $891 $1,288 $1,516 $1,675 $1,816 $1,943$5,500 $898 $1,298 $1,527 $1,687 $1,829 $1,957$5,550 $904 $1,307 $1,538 $1,699 $1,842 $1,971$5,600 $911 $1,316 $1,549 $1,711 $1,855 $1,985

$5,650 $917 $1,326 $1,560 $1,723 $1,868 $1,999$5,700 $923 $1,335 $1,571 $1,735 $1,881 $2,013$5,750 $930 $1,344 $1,582 $1,748 $1,894 $2,027$5,800 $936 $1,353 $1,592 $1,760 $1,907 $2,041$5,850 $943 $1,363 $1,603 $1,772 $1,921 $2,055$5,900 $949 $1,372 $1,614 $1,784 $1,934 $2,069$5,950 $955 $1,381 $1,625 $1,796 $1,947 $2,083$6,000 $962 $1,390 $1,636 $1,808 $1,960 $2,097$6,050 $968 $1,400 $1,647 $1,820 $1,973 $2,111$6,100 $975 $1,409 $1,658 $1,832 $1,986 $2,125$6,150 $981 $1,418 $1,669 $1,844 $1,999 $2,139$6,200 $987 $1,427 $1,680 $1,856 $2,012 $2,153$6,250 $994 $1,437 $1,691 $1,869 $2,026 $2,167$6,300 $1,000 $1,446 $1,702 $1,881 $2,039 $2,181$6,350 $1,007 $1,455 $1,730 $1,893 $2,052 $2,195$6,400 $1,013 $1,465 $1,724 $1,905 $2,065 $2,209$6,450 $1,019 $1,474 $1,735 $1,917 $2,078 $2,223$6,500 $1,026 $1,483 $1,746 $1,929 $2,091 $2,238$6,550 $1,032 $1,492 $1,757 $1,941 $2,104 $2,252$6,600 $1,039 $1,502 $1,768 $1,953 $2,117 $2,266$6,650 $1,045 $1,511 $1,779 $1,965 $2,130 $2,280$6,700 $1,051 $1,520 $1,790 $1,977 $2,144 $2,294$6,750 $1,058 $1,529 $1,801 $1,990 $2,157 $2,308$6,800 $1,064 $1,539 $1,811 $2,002 $2,170 $2,322



10/70

CombinedMonthlyNet Income

OneChild

TwoChildren

ThreeChildren

FourChildren

FiveChildren

SixChildren

$6,850 $1,071 $1,548 $1,822 $2,014 $2,183 $2,336$6,900 $1,077 $1,557 $1,833 $2,026 $2,196 $2,350$6,950 $1,083 $1,567 $1,844 $2,038 $2,209 $2,364$7,000 $1,090 $1,576 $1,855 $2,050 $2,222 $2,378$7,050 $1,096 $1,585 $1,866 $2,062 $2,235 $2,392$7,100 $1,102 $1,594 $1,877 $2,074 $2,248 $2,405$7,150 $1,108 $1,602 $1,886 $2,084 $2,259 $2,417$7,200 $1,113 $1,610 $1,895 $2,094 $2,270 $2,429$7,250 $1,118 $1,617 $1,904 $2,104 $2,281 $2,441$7,300 $1,124 $1,625 $1,914 $2,115 $2,292 $2,453$7,350 $1,129 $1,633 $1,923 $2,125 $2,303 $2,465$7,400 $1,135 $1,641 $1,932 $2,135 $2,315 $2,477$7,450 $1,140 $1,649 $1,942 $2,146 $2,326 $2,489$7,500 $1,145 $1,657 $1,951 $2,156 $2,337 $2,500$7,550 $1,151 $1,664 $1,960 $2,166 $2,348 $2,512$7,600 $1,156 $1,672 $1,970 $2,176 $2,359 $2,524$7,650 $1,161 $1,680 $1,979 $2,187 $2,370 $2,536$7,700 $1,167 $1,688 $1,988 $2,197 $2,381 $2,548$7,750 $1,172 $1,696 $1,997 $1,207 $2,393 $2,560$7,800 $1,178 $1,704 $2,007 $2,217 $2,404 $2,572

$7,850 $1,183 $1,712 $2,616 $2,228 $2,415 $2,584$7,900 $1,188 $1,719 $2,025 $2,238 $2,426 $2,596$7,950 $1,194 $1,727 $2,035 $2,248 $2,437 $2,608$8,000 $1,199 $1,735 $2,044 $2,258 $2,448 $2,620$8,050 $1,205 $1,743 $2,053 $2,269 $2,459 $2,632$8,100 $1,210 $1,751 $2,062 $2,279 $2,471 $2,643$8,150 $1,215 $1,759 $2,072 $2,289 $2,482 $2,655$8,200 $1,221 $1,767 $2,081 $2,300 $2,493 $2,667$8,250 $1,226 $1,774 $2,090 $2,310 $2,504 $2,679$8,300 $1,231 $1,782 $2,100 $2,320 $2,515 $2,691$8,350 $1,237 $1,790 $2,109 $2,330 $2,526 $2,703$8,400 $1,242 $1,798 $2,118 $2,341 $2,537 $2,715$8,450 $1,248 $1,806 $2,128 $2,351 $2,548 $2,727$8,500 $1,253 $1,814 $2,137 $2,361 $2,560 $2,739$8,550 $1,258 $1,821 $2,146 $2371 $2,571 $2,751$8,600 $1,264 $1,829 $2,155 $2,382 $2,582 $2,763$8,650 $1,269 $1,837 $2,165 $2,392 $2,593 $2,775$8,700 $1,275 $1,845 $2,174 $2,402 $2,604 $2,786$8,750 $1,280 $1,853 $2,183 $2,413 $2,615 $2,798$8,800 $1,285 $1,861 $2,193 $2,423 $2,626 $2,810$8,850 $1,291 $1,869 $2,202 $2,433 $2,638 $2,822$8,900 $1,296 $1,876 $2,211 $2,443 $2,649 $2,834$8,950 $1,301 $1,884 $2,221 $2,454 $2,660 $2,846$9,000 $1,307 $1,892 $2,230 $2,464 $2,671 $2,858$9,050 $1,312 $1,900 $2,239 $2,474 $2,682 $2,870$9,100 $1,318 $1,908 $2,248 $2,484 $2,693 $2,882$9,150 $1,323 $1,916 $2,258 $2,495 $2,704 $2,894$9,200 $1,328 $1,924 $2,267 $2,505 $2,715 $2,906$9,250 $1,334 $1,931 $2,276 $2,515 $2,727 $2,918$9,300 $1,339 $1,939 $2,286 $2,526 $2,738 $2,929$9,350 $1,345 $1,947 $2,295 $2,536 $2,749 $2,941$9,400 $1,350 $1,955 $2,304 $2,546 $2,760 $2,953$9,450 $1,355 $1,963 $2,313 $2,556 $2,771 $2,965$9,500 $1,361 $1,971 $2,323 $2,567 $2,782 $2,977$9,550 $1,366 $1,978 $2,332 $2,577 $2,793 $2,989$9,600 $1,371 $1,986 $2,541 $2,587 $2,805 $3,001$9,650 $1,377 $1,994 $2,351 $2,597 $2,816 $3,013



11/70

"

"

CombinedMonthlyNet Income

OneChild

TwoChildren

ThreeChildren

FourChildren

FiveChildren

SixChildren

$9,700 $1,382 $2,002 $2,360 $2,608 $2,827 $3,025$9,750 $1,388 $2,010 $2,369 $2,618 $2,838 $3,037$9,800 $1,393 $2,018 $2,379 $2,628 $2,849 $3,049$9,850 $1,398 $2,026 $2,388 $2,638 $2,860 $3,060$9,900 $1,404 $2,033 $2,397 $2,649 $2,871 $3,072$9,950 $1,409 $2,041 $2,406 $2,659 $2,883 $3,084$10,000 $1,415 $2,049 $2,416 $2,669 $2,894 $3,096

""

"

PLAN MASTER CAN DO THE TYPING FOR YOUCALL (605) 342-1409



12/70


6. Property Division: The division of property can be one of the most importanteconomic decisions you will make. You should spend some time and effortin preparing a complete inventory of all your family, separate and businessproperty. There may be a tendency to not care who gets what in order toexpedite the procedure, but this could be a major mistake.

Property to be considered should include: bank accounts; savings & loanaccounts; credit union accounts; certificates of deposit; investment accounts;stock options; retirement accounts; stocks; cash value in insurance policies;residences; timeshares; vacation homes; vacant lots; businesses; automo-biles; boats; motorcycles; airplanes; trailers; RVs; monies owed to yourfamily or business; personal and business debts (credit cards and charge

accounts); mortgages.

South Dakota is an "equitable distribution" state. Property acquired duringthe course of a marriage is usually considered to be owned in equal orequitable shares by both parties, regardless of how it is titled. Spouses aregiven credit for home-making duties and consideration is given to compen-sation for sacrifices of a spouse who has assisted the other in obtaining aneducational degree. The marriage is usually treated as an equal partnershipwhen the division of property is considered.

Marital Property is normally that property which the couple acquired during

the course of their marriage which should be shared equally.

Separate property is normally that property which each spouse ownedindividually prior to their marriage, acquired by individual gift during themarriage, or received by inheritance.

Debts or obligations are treated similarly. Those incurred prior to themarriage belong to the spouse who brought them into the marriage.

You are now ready to prepare documents. Remember !! If youneed help typing, call Plan Master at 342-1409



13/70

Documents

Documents Preparation: There will eventually be at least nine (9) basic documentswhich will need to be prepared to complete your divorce. Only the first three will needto be completed to get things started:

COMPLAINT This is the initial document by which you as the Plaintiff startthe divorce action.

SUMMONS This is the document which requires the Defendant to answerthe Complaint.

CERTIFICATE OF

SERVICE In this document you certify that you sent a copy of theComplaint and Summons to your spouse.

A D M I S S I O N T h i sdocum en t is p r epa red by the D efenthat the Complaint and Summons have been received.

AFFIDAVITSThe P la in t i ff and D efendant each p repare thto confirm by oath in front of a notary that the information

contained in the Complaint is true.

STIPULATION This document is the Agreement which may be prepared jointly by the Plaintiff and Defendant.

A D M I S S I O NThi s docum en t is p r epa red by the Defthat the Judgment and Notice have been received.

This document states the decision of the court.

This document notifies the Defendant that the court hasrendered a judgment.

JUDGMENT

NOTICE

PHASE1

PHASE2

PHASE

3

PHASE4

PHASE

5

PHASE

6



14/70

Let's Get Started

PHASE ONE - LET'S GET STARTEDOnly three documents are needed to get started

Step 1 - You will need the following information to prepare your documents.Also, if children are involved, a "Child Support Order Filing Data" form will befurnished by the clerk at the court when you deliver your documents for filing. I:can be filled out right there if you have the following information with you:

1. The county in which you live.2. The number of the Circuit Court where you will file for divorce.3. Your full name.

4. Your social security number.5. Your complete address & phone at: home, (mailing), and work.6. Your spouse's full name.7. Spouse's social security number.8. Spouse's complete address & phone at: home, (mailing), and work.9. What date you and your spouse were married.10. Where you and your spouse were married.11. The name, birthdate and social security no. for each of your

children.12. Who do you wish to have custody of your children.

Step 2 - Pull out "Complaint", "Summons" and "Certificate of Service" examplesfound on pages 20 - 24. (If you wish to preserve the book pages, you may makecopies for your work sheets) Pencil-in the information pertaining to your situationeverywhere you find bold print. Once you have all the information completelypenciled in, you are ready to start typing your own documents. When you areconvinced that your documents look like the examples, read them over a few moretimes looking for any typing errors. After you are satisfied that your documentsare ready, make 3 copies of each of your completed documents.

1. Copy #1 is for filing at the court house.

2. Copy #2 is to be sent to your spouse.

3. Copy #3 is for your files.



15/70

To legally start the divorce you must:1. Have the summons and complaint given to your spouse by the sheriff or a pserver

OR

2. Your spouse must complete the Admission of Service from on page 25.

John J. DelaneyCiv Ct Judge


16/70

Phase One - Step Two Continued

Take all your documents to the courthouse for filing and hand them to the clerk atthe divorce section, along with a filing fee of $60.

If children are involved the clerk will hand you a "Child Support Order Filing Data"form. If you have all the information listed in Step #1 on the previous page, you willhave all the information needed to complete the form.

Since most people hire an attorney to do this work, the clerk may check yourdocuments very closely to insure that you have made no mistakes. They have beeninstructed to give no advice or instructions to anyone which could be considered"giving legal advice" and in order to be safe, they will normally be very cautious intalking with you. Please don't misinterpret this to mean that they do not wish to helpyou or are unwilling to be of assistance. They simply are not allowed to. If your

documents are acceptable, they will assign a Case Number and either stamp thenumber on your copies of the documents or have you write the number in. They willkeep a copy (Copy #1) and return all the others to you..

Copy #2You may have theSnenrr aenver this for you at an approximate cost of $25 if you wish.

Copy #3 of the completed Complaint, Summons and Certificate of Service is to bekept with your other divorce documents in a personal file.

Remember !!

Your Summons contains a Temporary Restraining Order that requires you and yourspouse to:

1. Restrained from transferring, encumbering, concealing or in any waydissipating or disposing of any marital assets, without the written consent of the otherparty or an order of the Court, except as may be necessary in the usual course of business or for the necessities of life. You are to notify the other party of any proposedextraordinary expenditures and to account to the Court for all extraordinary expen-ditures made after the Temporary Restraining Order is in effect;

2. Restrained from molesting or disturbing the peace of the other party.

3. Restrained from removing any minor child of the parties from the statewithout the written consent of the other party or an order of the Court.



17/70

PHASE ONE, TWO

You have now completed Phase One. You have done all that is necessary to start theDivorce process.

PHASE TWOThis phase is actually to be completed by your spouse and may be filed together withthe Phase One documents. Your spouse is required to acknowledge receipt of yourComplaint and Summons as soon as possible. This may be done by the spouse usingthe "Admission of Service" example found on page 25. You may wish to makecopies of the example document and share it with your spouse. The Spouse mustget all copies of his/her documents notarized. (Notary service is usually free at banks)Distribution of the three copies should be made as described in Phase One. Copy #1

may be sent or hand carried to the court and Copy # 2 may be sent or hand carried toyour spouse. You keep Copy #3

PHASE THREEThe Plaintiffs and Defendant's Affidavit may to be prepared and filed at the sametime as the Phase One documents if you wish. Each of you is responsible for preparingand filing your own documents. You may wait for a few days after the Complaint isfiled if you wish , Just as you did for Phase One, pull out "Plaintiffs and Defendant'sAffidavit" examples found on pages 26 -29. (If you wish to preserve the book pages,you may make copies for your work sheets) Pencil-in the information pertaining to

your situation everywhere you find bold print. Once you have all the informationcompletely penciled in, you are ready to start typing your own document. When youare convinced that your document looks like the example, read it over a few moretimes looking for any typing errors. After you are satisfied that it is ready, make 3copies of each page. Get all copies notarized. (Notary service is usually free at banks)

Distribution of thethree copies should be made as described in the Phase One. Copy#1 may be sent or hand carried to the court and Copy # 2 may be sent or hand carriedto your spouse. You keep Copy #3.



18/70

PHASE FOUR

PHASE FOURThe "Stipulation and Agreement" is the Agreement between you and your spouseregarding Alimony, Maintenance, Child Custody, Child Support, Property Divisionand other important matters which you wish to have settled by the court. You shouldbe very careful in preparing this document to state exactly what you want to havehappen. Please read through the optional wording listed on pages 15 - 19 whichaddress some of these matters. Pick out those which best describe your agreement.Change the wording or make up your own wording. This document is to be signed byboth you and your spouse. Unless there is already a total agreement between you andyour spouse, you may wish to take a little more time in preparing this document. Justas you did for Phase One, pull out the "Stipulation and and Agreement" examplesfound on pages 30 - 40. (If you wish to preserve the book pages, you may make copiesfor your work sheets) Pencil-in the information pertaining to your situation

everywhere you find bold print. Once you have all the information completelypenciled in, you are ready to start typing your own documents. When you areconvinced that your document looks like the example, read it over a few more timeslooking for any typing errors. After you are satisfied that it is ready, make 3 copiesof each page. Get all copies notarized. Distribution of the three copies should bemade as described in the Phase One. Copy #1 may be sent or hand carried to the courtand Copy # 2 may be sent or hand carried to your spouse. You keep Copy #3.

PHASES FIVE AND SIXThe "Judgment, Notice and Admission" represent the action which finalizes yourdivorce. The "Judgment" represents the decision of the court, which will normally bethe same as the agreement contained in your "Stipulation and Agreement", unless the

judge determines that some corrections, changes, additions or deletions should bemade. If there are any, the court will let you know. Just as you did for Phase One,pull out the "Judgment, Notice and Admission" examples found on pages 40 -43. (If you wish to preserve the book pages, you may make copies for your work sheets)Pencil-in the information pertaining to your situation everywhere you find bold printand make any necessary corrections as instructed by the court. Leave blank lines fordates so that the court may enter the date of the judgment. The "Notice andAdmission" should be dated on or after the judgment date. Once you have all theinformation completely penciled in, you are ready to start typing your own document.

When you are convinced that your document looks like the example, read them overa few more times looking for any typing errors. After you are satisfied that they areready, make 3 copies of each page. Get all copies notarized. (Notary service is usuallyfree at banks) Distribution of the three copies should be made as described in PhaseOne. Copy #1 may be sent or hand carried to the court and Copy # 2 may be sent orhand carried to your spouse. You keep Copy #3. YOU ARE DONE !!!!



19/70

Optional Wording For The Stipulation and Agreement

SOLE CUSTODY AND VISITATION CLAUSE BASIC AGREEMENT)

The parties agree that it is in the best interests of our child[ren] that the Plaintiff havesole physical and legal custody of the child[ren]. The parties also agree that the otherparent has the right to be with the child[ren] on a frequent and liberal basis throughreasonable visitation, at such times as the parties and the child[ren] can agree upon.The parties agree that they will share as equally as possible the right to be with thechild[ren] on holidays, birthdays, and during the child[ren]'s school vacations. Theparties agree that the child[ren]'s time with eitherpartie should not interfere with theirattendance at school. The parties also agree that the parent with custody should havethe right to make the major decisions regarding the care and up-bringing of thechild[ren], but that the other parent has the right to be notified of any major decisions.

SOLE CUSTODY AND VISITATION CLAUSE (WITH VISITATIONSCHEDULE)

The parties agree that it is in the best interests of our child[ren] that the Plaintiff havesole physical and legal custody of our child[ren]. The parties also agree that the otherparent has the right to be with our child[ren] on a frequent and liberal basis throughreasonable visitation, at such times as the parties and the child[ren] can agree upon.If in the future the parties are unable to agree upon visitation, the Defendant will havethe right to be with our child[ren] as follows:

(A). On the following holidays during even-numbered years:(B). On the following holidays during odd-numbered years:(C). On the following dates and times each [or every other] weekend:(D). On the following dates and times during each [or every other] week:(E). For the following vacation periods each year:

The parties agree that our child[ren]'s time with either party should not interfere withattendance at school. The parties also agree that the parent with custody should havethe right to make the major decisions regarding the care and up-bringing of ourchild[ren], but that the other parent should have the right to be notified of any majordecisions.

An Oxford Legal Reform Publication 1 5


20/70


CUSTODY AND VISITATION CLAUSE (JOINT LEGAL AND SOLEPHYSICAL CUSTODY)

The parties agree that it is in the best interests of our child[ren] that both parties have joint legal custody of our child[ren]. The parties also agree that it is in the best interestsof the child[ren] that the Plaintiff have sole physical custody of our child[ren]. Theparties acknowledge that the child[ren] presently live[s] with the Plaintiff and thatthe actual physical residence of our child[ren] may be changed at any time as theparties may mutually agree.

All decisions pertaining to the education, discipline, health, extracurricular andsummer activities, religious training, medical and dental care, and welfare of thechild[ren] will be decided by both parties after reasonable and adequate discussion.The parties also agree that the parent with physical custody shall have control overthe minor day-to-thy decisions affecting the child, including any medical or dentalemergencies. The parties agree that if, after reasonable attempts, they are unable toreach an agreement on any of the decisions affecting the child[ren], the parties will

jointly seek professional mediation to resolve the differences.

The parties also agree that each has the right to know of any circumstances ordecisions that affect the child[ren] and that each of the parties has the right to any

medical, dental, or school records of the child [ren]. Neither party will do anything tohamper or interfere with the natural and continuing relationship between the child[ren]and the other parent.

The parties realize that the well-being of the child[ren] is of paramount importanceand, therefore, the parties agree that the child[ren] should have as much contact aspossible with the parent that does not have physical custody and that our child[ren]may visit that parent as often as may be agreed upon. Although visitation may bescheduled more often, the parent that does not have physical custody will have theright to be with our child[ren] at least as follows:

(A). On the following holidays during even-numbered years:(B). On the following holidays during odd-numbered years:(C). On the following dates and times each [or every other] weekend:(D). On the following dates and times during each [or every other] week:(E). For the following vacation periods each year:



21/70


The parties additionally agree to use their very best efforts to insure that the child[ren]receive the most care, love, and affection possible from both parents throughout theirentire childhood.

CUSTODY AND VISITATION CLAUSE (JOINT LEGAL AND PHYSICALCUSTODY)

The parties agree that it is in the best interests of the child[ren] that both parties have

joint legal and physical custody of the child[ren]. The parties also agree that it is inthe best interests of the child[ren] that the home of the Plaintiff be the primaryresidence of the child[ren]. Both parties acknowledge that the child[ren] presentlylive[s] with the * and that the actual physical residence of the child[ren] may bechanged at any time as we may mutually agree.

All decisions pertaining to the place of residence, discipline, education, health,extracurricular and summer activities, vacations, religious training, medical anddental care, and welfare of the child[ren] will be decided by both parties afterreasonable and adequate discussion. The parties also agree that the parent withphysical custody shall have control over the minor day-to-day decisions affecting thechild, including any medical or dental emergencies. The parties agree that if, afterreasonable attempts, they are unable to reach an agreement on any of the decisions

affecting the child[ren], the parties will jointly seek professional mediation to resolveour differences.

The parties also agree that they have the right to know of any circumstances ordecisions that affect the child[ren] and that each party has the right to any medical,dental, or school records of our child[ren]. Neither party will do anything to hamperor interfere with the natural and continuing relationship between the child[ren] andthe other parent.

The parties agree that the child[ren] will be known by the last name of Smith .

The parties agree that frequent and continuing contact with both parents is vital to thechild[ren], and therefore both parties agree that neither will permanently remove thechild[ren] from this state without the express written permission of the other parent.



22/70


The parties realize that the well-being of the child[ren] is of paramount importanceand, therefore, both agree that the child[ren] should have as much contact as possiblewith the parent that does not have physical custody and that the child[ren] may visitthat parent as often as may be agreed upon. Although contact may be scheduled moreoften, the parent that does not live in the primary physical residence of the child[ren]will have the right to be with the child[ren] at least as follows:

(A). On the following holidays during even-numbered years:(B). On the following holidays during odd-numbered years:(C). On the following dates and times each [or every other] weekend:

(D). On the following dates and times during each [or every other] week:

(E). For the following vacation periods each year:

The parties additionally agree to use their very best efforts to insure that the child[ren]receive the most care, love, and affection possible from both parents throughout theirentire childhood.

BASIC MONTHLY CHILD SUPPORT CLAUSE

[Use if necessary:] The parties agree to file a joint income tax return for the currentyear.

[Use if you have children:] The parties also agree that the Plaintiff may claim the federal dependency tax exemption for our child[ren].

MARITAL SETTLEMENT AGREEMENT NAME CHANGE CLAUSE

The parties agree that, in the event of divorce or dissolution of marriage, the Wifedesires to and shall have the right to be known by the name of Mary Joy Smith.

The parties also agree that, in the event of divorce or dissolution of marriage, ourchild[ren] will be known by the last name of Mary Joy Smith.

ADDITIONAL MANDATORY MARITAL SE1'1'LEMENT AGREEMENTCLAUSE

The parties desire that, in the event of their divorce or dissolution of marriage, thismarital settlement agreement be approved and merged and incorporated into any

subsequent decree or judgement for divorce or dissolution of marriage and that, bythe terms of the judgement or decree, both parties be ordered to comply with the termsof this agreement, but that this agreement survive.



23/70


The parties have prepared this agreement cooperatively and each has fully and

honestly disclosed to the other the extent of their assets, income, and financialsituation. The parties have each completed Financial Statements which are attachedand incorporated by reference..

The parties each understand that they have the right to representation by separatelawyers. Each fully understand their rights and each consider the terms of thisagreement to be fair and reasonable. Both parties agree to execute and deliver anydocuments, make any endorsements, and do any and all acts that may be necessaryor convenient to carry out all of the terms of this agreement.

The parties agree that this document is intended to be the full and entire settlementand agreement between us regarding our marital rights and obligations and that thisagreement should be interpreted and governed by the laws of the State of SouthDakota .

The parties also agree that every provision of this agreement is expressly madebinding upon the heirs, assigns, executors, administrators, successors in interest,and representatives of each parties.



24/70

EXAMPLE DOCUMENTS - Complaint

STATE OF SOUTH DAKOTA) IN THE CIRCUIT COURT) SS

COUNTY OF PENNINGTON) SEVENTH JUDICIAL CIRCUIT

MARY JOY JONES )SSN: 048-48-2982 Plaintiff, ) File No.

)-vs- )

) COMPLAINTJOHN JAY JONES )SSN: 062-50-3984 Defendant. )

Plaintiff, for her cause of action, states and alleges:

I .

Plaintiff is a resident of Pennington County, South Dakota for the purposes of

bringing this action.

II.

Plaintiff and Defendant were legally married on the 4th day of June, 1983, at

Jacksonville, Florida and at all times since have been, and are now, husband and wife.

III.

As a result of the marriage, the parties have the following three (3) minor

children, namely: James Paul Jones born December 16, 1984, Mark William Jones

born April 17, 1986 and Kristine Elizabeth Jones born May 27, The Plaintiff

is not now pregnant.

IV

Both parties are fit and proper persons to have joint custody of the minor

children.



25/70

EXAMPLE DOCUMENTS - Complaint

V.

The parties have irreconcilable differences as defined in SDCL 25-4-17.1.

VI.

During their marriage, Plaintiff and Defendant have accumulated various items

of property and debts, an equitable division of which is required.

WHEREFORE, Plaintiff prays:

1. That the Plaintiff be granted full and absolute divorce from the Defen-

dant;2. That joint custody of the children be granted to the parties;

3. That the Court determine the child support to be paid;

4. That the Court make an equitable division of the various items of property

and debts accumulated by the parties;

5. That the court grant such other relief as it deems just and proper.

DATED this 25th day of June, 1998 .

Mary Joy Jones, Plaintiff 8995 Timberline RoadRapid City, South Dakota(605) 342-1432



26/70

EXAMPLE DOCUMENTS - Summons




)-vs- )

) SUMMONS

JOHN JAY JONES )SSN: 062-50-3984 Defendant. )

THE STATE OF SOUTH DAKOTA TO THE ABOVE NAMED DEFENDANT:

YOU ARE SUMMONED AND REQUIRED to answer the Complaint of the

above-named Plaintiff, seeking absolute divorce from you, a copy of which Complaint

is hereto attached and herewith served upon you, and to serve a copy of your answer

to said Complaint upon the subscriber at: 8995 Timberline Road, Rapid City, South

Dakota 57702, within thirty (30) days after service of this Summons, exclusive of the

day of service.

IF YOU FAIL TO DO SO, the Plaintiff in this action will take judgment

against you by default as requested in Plaintiff's Complaint after sixty (60) days

have elapsed from the completed service of said summons and Complaint.

NOTICE:South Dakota law provides that upon the filing of a Complaint for divorce or

separated maintenance and upon personal service of the Complaint and Summons on

the Defendant, a Temporary Restraining Order shall be in effect against both parties



27/70

EXAMPLE DOCUMENTS - Summons

until the final Decree is entered, the Complaint is dismissed, or until further order of

the Court. Either party may apply to the Court for the further temporary ordersof modificationor revocation of theOrder modificationor r evocat i onof t he Or der .

TEMPORARY RESTRAINING ORDER

1. Restrained from transferring, encumbering, concealing or in any way

dissipating or disposing of any marital assets, without the written consent of the

other party or an order of the Court, except as may be necessary in the usual course

of business or for the necessities of life. You are to notify the other party of any

proposed extraordinary expenditures and to account to the Court for all extraordi-

nary expenditures made after the Temporary Restraining Order is in effect;

2. Restrained from molesting or disturbing the peace of the other party.

3. Restrained from removing any minor child of the parties from the state

without the written consent of the other party or an order of the Court.

DATED this 25th day of June, 1998.

Mary Joy Jones, Plaintiff



28/70

EXAMPLE DOCUMENTS - Certificate of Service

CERTIFICATE OF SERVICE

I, Mary Joy Jones, hereby certify that I served a true and correct copy of the

foregoing Complaint and Summons, to the Defendant in this matter, by way of U. S.

Certified Mail, Return Receipt Requested, to the said addressee at the following

address:

John Jay Jones1920 North 7th Street, Apt. 7-A

Rapid City, South Dakota 57701


M aryJoy Jones, Plaintiff



29/70

EXAMPLE DOCUMENTS - Admission of Service

STATE OF SOUTH DAKOTA) IN THE CIRCUIT COURT ) SS


MARY JOY JONESSSN:0

48-48-2982 Plaintiff,

-vs-

JOHN JAY JONESSSN: 062-50-3984 Defendant.

Personal service of the enclosed SUMMONS IN ACTION FOR DIVORCE

AND COMPLAINT is hereby admitted by receipt and copies thereof on this 25th day

of June, 1998, at Rapid City, County of Pennington, State of South Dakota.

John Jay Jones, Defendant

Date of Signature

Subscribed and sworn to this 25th day of June, 1998.

NOTARY PUBLIC

My Commission expires:

(SEAL)

File No.

ADMISSION OF

SERVICE

An Oxford Legal Reform Publication


30/70

EXAMPLE DOCUMENTS - Plaintiffs Affidavit

DATED THIS 25th day of June, 1998



NOTARY PUBLIC

My Commission expires:(SEAL)



31/70

EXAMPLE DOCUMENTS - Defendant's Affidavit

STATE OF SOUTH DAKOTA )) SS


IN THE CIRCUIT COURT


)-vs- )

) DEFENDANT'SJOHN JAY JONES ) AFFIDAVIT

SSN: 062-50-3984 Defendant. )

COMES NOW your affiant, John Jay Jones, being first sworn on oath, deposed

and states as follows:

1. I agree that South Dakota is the proper State for jurisdiction of this

divorce matter between Mary Joy Jones and me.

2. That as a result of this relationship, three children have been born,

namely, James Paul Jones born December 16, 1984, Mark William Jones bornApril 17, 1986 and Kristine Elizabeth Jones born May 27, 1988. None were

adopted and no more children are expected.

3. I agree that the grounds for this divorce are Irreconcilable Differences as

defined by SDCL 25-4-17.1.

4. I agree that my spouse can obtain a Divorce by Default.

5. Our Marital property has already been divided and I am satisfied with the

division of this property.

6. I further agree that no hearing is necessary, and that neither my spouse or

I need appear personally at a hearing for this divorce and that we may do so by Affidavit

pursuant to SDCL 25-4-17.3 and pursuant to the Stipulation and Agreement

entered into in the above-entitled matter.



32/70

EXAMPLE DOCUMENTS - Defendant's Affidavit

DATED THIS 25th day of June, 1998

John Jay Jones, Plaintiff


NOTARY PUBLIC

My Commission expires:



33/70

EXAMPLE DOCUMENTS - The Stipulation And Agreement

STATE OF SOUTH DAKOTA ) IN THE CIRCUIT COURT) SS



)-vs- )

) STIPULATIONJOHN JAY JONES ) AND AGREEMENT

SSN: 062-50-3984 Defendant. )

I.

PARTIES :

The parties to this agreement are Mary Joy Jones, SS 048-48-2899, the above-

named Plaintiff, and John Jay Jones, SS 062-50-4899, the above-named Defendant.

II.PURPOSE:

Plaintiff has caused to be served upon Defendant a Summons and Complaint in

this action. Service was completed on the Defendant on the 20th day of June, 1988.

The Plaintiff is an actual resident of Pennington County, South Dakota, and was

so at the time of the initiation of this action.

During the course of the marriage, the parties have had children, accumulated

certain items of personal property and have accumulated certain debts and obligations.

The purpose of this agreement is to set forth the terms and conditions upon which the

parties agree to compromise and settle any controversies arising out of their marital

relationship and to aid the Court in disposing of this matter if the Court sees fit to grant

Plaintiff a Divorce upon her cause of action set forth in her Complaint.



34/70


NOW THEREFORE, in consideration of the mutual promises and

covenants hereafter contained, the parties do hereby agree as follows:

III.

NOTICE OF TRIAL AND DECISION OF COURT WAIVED:

After being fully advised of their rights, the parties do specifically waive any

notice of trial and decision of the Court consisting of its Findings of Fact and

Conclusions of Law, and agree that Plaintiff may forthwith bring on for hearing any

cause of action which she has for divorce, as set forth in her Complaint, without notice

to the Defendant upon the expiration of sixty (60) days from the date of completedservice of the Summons and complaint herein.

IV .

DATE AND PLACE OF MARRIAGE :

Plaintiff and Defendant were legally married on the 4th day of June, 1983, at

Jacksonville, Florida.

V.

FINANCIAL AND PERSONAL STATUS:

It is understood and agreed by the parties that each of said parties is fully and

completely informed of the financial and personal status of the other , and each of them

has given full and mature thought to the making of this agreement of all obligations

contained herein.

VI.

RELEASE OF OBLIGATIONS:

It is understood and agreed by the parties that except as hereafter expressly

provided, each party is hereby released and absolved from any and all obligations and

liabilities for future acts and duties of the other, and each party hereby releases the

other from any and all liabilities, duties and obligations of any kind or character,



35/70


incurred by the other, from, and after, the date of separation, which was the 3rd day

of June, 1998.

VII.

CHILDREN:

There have been three children born of this marriage, namely: James Paul

Jones born December 16, 1984, Mark William Jones born April 17, 1986 and

Kristine Elizabeth Jones born May 27, Plaintiff is not now pregnant.

VIII.

CUSTODY

The Plaintiff and Defendant shall have the joint legal care, custody and control

of the minor children, namely James Paul Jones born December 16, 1984, Mark

William Jones born April 17, 1986 and Kristine Elizabeth Jones born May 27,

1988, with Plaintiff having primary care, custody and control of the minor children.

IX.

VISITATION:

The Defendant shall have reasonable visitation rights with the children as set

forth in the Seventh Circuit Child Visitation Guidelines.

IX.

CHILD SUPPORT:Defendant shall pay the sum of $214.00 per month to the Plaintiff for child

support, an amount which both parties agree is in accordance with the current Child

Support Guidelines established by the South Dakota Department of Social Services.



36/70


X.

ORDER FOR WITHHOLDING:

Parties acknowledge that on July 1, 1990, a statute was passed regarding the

entry of an Order for Withholding upon the entry of any order for support. An Order

for Withholding will be entered unless the Court approves of an alternative arrange-

ment for the payment of support. If no wage withholding is entered, a request for

support can be made at any time regardless of delinquency. The person entitled to

receive support may request an Order for Withholding and it will be granted.

XI.

NOTICE OF CHANGE OF RESIDENCE :

If either party changes residence or phone numbers they shall immediately

contact the other parent and give them full information as to their new complete

address and phone number.

In the event that either party moves from the area where the children are living

they shall give the other party sixty (60) days notice so that parties will have ample time

to renegotiate visitation and transportation costs and other arrangements.

XII.MEDICAL INSURANCE:

Defendant shall be responsible for complete medical coverage for the minor

children through Title 19. Medical care includes but is not limited to counseling,

dental, orthodontic, optometric, physical check-ups, surgery and other routine andemergencycare. Plaintiff and Defendant shall share any medical costs not covered by

Title 19 on a pro rata basis according to their income within thirty (30) days from the

time the costs are incurred. Copies of all medical bills shall be sent immediately to the

non-custodial parent for payment of their share of the debt.


"


37/70


XIII.

LIFE INSURANCE:

Defendant shall carry sufficient personal life insurance necessary to collateralize

child support, naming the children as beneficiaries. The life insurance will be carried

at least until the youngest child is 18 years of age or graduates from high school,

whichever occurs last.

In the event Defendant remarries the life insurance coverage for this purpose

shall not be expanded to cover any new children he has but shall remain in full force

and effect, only for the children of this marriage.

Defendant shall in no way encumber said life insurance policies or do anything

that would diminish the value of said policies.

XIV.

INCOME TAX DEDUCTIONS :

Plaintiff shall claim all three children as dependency exemptions on her income

tax return. Each of the parties shall cooperate in signing the necessary papers for the

IRS regarding the claiming of the minor children for deduction.

XV.

PERSONAL PROPERTY:

The parties have made division of their personal and real property (if any)

which they owned either together or separately, as set forth in Appendix "A" attached

hereto and by reference incorporated herein, and such division and apportionment is

hereby confirmed and ratified as being equitable. Each party releases, quit claims and

assigns to the other party all his or her right, title and interest, present and prospective,

in each item of property of every kind, nature and description and wherever situated

which is herein divided. All property here after accumulated or acquired by either of

them shall be his or her sole, separate and exclusive property, the same as if the parties

had never been married.


3 4


38/70


XVI.DEBTS AND OBLIGATIONS:

The debts and obligations (if any) of the parties, whether joint or several, have

been divided by the parties as set forth in Appendix "B", attached hereto and

incorporated herein by reference and such division and apportionment is hereby

confirmed and ratified as being equitable and the parties agree to pay each debt so

assumed by them as their sole obligation and hereby indemnifies the other party

therefore. The parties represent to each other and agree that the list of debts set out is

true and complete and that any debt not listed, through oversight or otherwise, and

which is not known to exist by both parties, will be paid by the party failing to disclose

the same, who will indemnify the other party against liability therefore.

XVII.

LEGAL FEES :

Each party will pay their own legal fees and costs .

XVIII.

ALIMONY:

The Plaintiff and Defendant stipulate and agree that each party waives and

surrenders any and all entitlement they may have to any and all alimony, pension(s),

retirement(s) (Military or Civilian), or annuity benefits, including present and future

benefitsXlX.

GROUNDS FOR DIVORCE:

Parties agree that grounds for divorce will be Irreconcilable Differences as

defined by SDCL 25-4-2(7) and 25-4-17.1 and that the parties can no longer reside as

husband and wife.



39/70


xx.INCORPORATION:

It is expressly understood and agreed by both parties that the terms and

provisions of the property settlement Agreement may be incorporated into the final

divorce decree. If the Court refuses to accept any part or paragraph of this Agreement

or wishes to modify the same, this Agreement shall be null and void. The parties agree

and understand that the terms contained in the agreement are enforceable by an actionfor contempt of Court. Upon the entry of this Decree of Divorce incorporation any and

all of these agreements, any prior agreement or agreements between the parties hereto

respecting their property rights and any other obligation arising out of the marriage of

the parties shall be considered canceled and superseded by such decree.

XXI.

INDEMNIFICATION SINCE THE TIME OF SEPARATION:

Except as otherwise provided herein, Plaintiff shall be responsible for, indem-

nify and hold Defendant harmless from any and all debts incurred by her since the

separation of the parties; and Defendant shall be responsible for, indemnify and hold

Plaintiff harmless from any and all debts incurred by him since the 3rd day of June,

1998, which is the separation date of the parties, except as specifically stated herein.

An Oxford Legal ReformPublication 36


40/70


XXII.

BINDING EFFECT:

This agreement shall bind and insure to the benefit of the parties of their

respective heirs, next of kin, divisees, legatees, executors, administrators and assigns.

DATED this 25th day of June, 1998 .



John Jay Jones, Defendant



41/70


STATE OF SOUTH DAKOTA )) SS

COUNTY OF PENNINGTON )

On this 25th day of June, 1998, before me, the undersigned officer, personally

appeared Mary Joy Jones, known to me or satisfactorily proven to be the person

whose name is subscribed to the within instrument, acknowledged that she executed

the same for the purposes therein contained.

IN WITNESS WHEREOF, I hereunto set my hand and official seal.

Notary PublicMy Commission Expires:

STATE OF SOUTH DAKOTA )

) SSCOUNTY OF PENNINGTON )

On this 25th day of June, 1998, before me, the undersigned officer, personally

appeared John Jay Jones, known to me or satisfactorily proven to be the person whose

name is subscribed to the within instrument, acknowledged that he executed the same

for the purposes therein contained.

IN WITNESS WHEREOF, I hereunto set my hand and official seal.

Notary PublicMy Commission Expires:



42/70


APPENDIX "A"

PERSONAL PROPERTY

The parties acknowledge and agree that they have divided the marital and

personal property to their mutual satisfaction and accordingly, any marital and

personal property in his or her possession on the date of the Decree of Divorce shall

be awarded to that party.

REAL PROPERTY1. NONE

-- -- -- --

Use new page for Appendix "B"

APPENDIX "B"

DEBTS

Plaintiff shall be responsible for, indemnify and hold Defendant harmless from

the following debts, to-wit:

1. Any debts that are in the Plaintiff's name.

Defendant shall be responsible for, indemnify and hold Plaintiff harmless from

the following debts, to-wit:

1. Any debts that are in the Defendant's name.



43/70

EXAMPLE DOCUMENTS - Judgment and Decree of Divorce




)-vs- ) JUDGMENT AND

) DECREE OF

JOHN JAY JONES ) DIVORCESSN: 062-50-3984 Defendant. )

The above matter having come before the Court, both parties not appearing

either in person or by counsel, but only through a Stipulation of the parties, admitted

in evidence and duly adopted by the Court, and by Affidavit of the parties, and the Court

having read the files determining that it has jurisdiction of the parties and subject

matter, that the matter is properly before it, that Plaintiff has a just and meritorious

cause of action against the Defendant for divorce, that all of the allegations in the

Complaint are true, and being fully advised in the premises, good cause appearing, it

is

ORDERED, ADJUDGED AND DECREED as follows:

I.

That Plaintiff, Mary Joy Jones, be granted an absolute divorce from Defendant,

John Jay Jones and the bonds of matrimony existing be dissolved.

H.That all provisions of the Stipulation and Agreement as executed by the

parties, admitted in evidence and adopted by the Court, be and the same are ap-proved and incorporated and to be treated as if set forth verbatim.



44/70

EXAMPLE DOCUMENTS - Judgment and Decree of Divorce

III.

That the Plaintiff shall have her former name restored as Mary Joy Johnson.

DATED this 14th day of September, 1998.

BY THE COURT:

CIRCUIT COURT JUDGESEVENTH JUDICIAL CIRCUIT

ATTESTED:

Clerk of Court

Deputy Clerk(SEAL)



45/70

EXAMPLE DOCUMENTS - Notice of Entry of Judgment




)-vs- )

) NOTICE OF ENTRYJOHN JAY JONES ) OF JUDGMENT ANDSSN: 062-50-3984 Defendant. ) DECREE OF DIVORCE

TO THE DEPENDANT, JOHN JAY JONES:

PLEASE TAKE NOTICE that a Decree of Divorce in the above entitled action,

a certified copy of which is attached thereto, was on the 14th day of September, 1998,

duly entered by the Clerk of Courts at Rapid City, Pennington County, South Dakota.





46/70

EXAMPLE DOCUMENTS - Certificate of Service

OFSERVICE

I, Mary Joy Jones, hereby certify that I served a true and correct copy of the

foregoing Notice of Entry of Judgment and Decree of Divorce, together with a certified

copy of the Judgment and Decree of Divorce, to the Defendant in this matter , by way

of Certified Mail to the said addressee, to-wit:

John Jay Jones1920 North 7th Street, Apt. 7-ARapid City, South Dakota 57701





47/70

SOUTH DAKOTA CODIFIED LAWS - Chapter 25-4

SOUTH DAKOTACODIFIED LAWS

CHAPTER 25-4

DOMESTIC RELATIONSDIVORCE AND SEPARATE MAINTENANCE

Section

25-4-1.25-4-2.25-4-3.25-4-4.25-4-5.25-4-6. 25-4-7.25-4-8.25-4-9.25-4-10.25-4-11.25-4-12.25-4-13.25-4-14.25-4-15.25-4-16.25-4-17.25-4-17.1.25-4-17.2.

25-4-18.25-4-19.25-4-20.25-4-21.25-4-22.

25-4-23.

25-4-24.25-4-25.25-4-26.25-4-27, 25-4-28.25-4-29.25-4-30.

Marriage dissolved only by death or divorce - Status of parties after divorce.Grounds for divorce.Adultery defined.Extreme cruelty defined.Willful desertion defined - special conditions applicable.Repealed.Refusal of intercourse as desertion - Refusal to live together.Desertion by departure during absence of spouse induced by fraud.Desertion by cruelty or threats causing departure of spouse.Separation by consent not desertion.Intent to desert formed during proper absence.Desertion by refusal of reconciliation after separation.Offer to return curing desertion - Refusal of offer as desertion.Willful neglect defined.Habitual intemperance defined.Continuous period of desertion, neglect or intemperance required.Irreconcilable differences defined.Dissolution of marriage - Legal separation - Continuance - Orders duringcontinuance - Consent of parties.Chronic mental illness as discretionary ground.Grounds for denial of divorce.Connivance defined.Collusion defined.Condonation defined - Required elements.

Condonation not implied by endurance of continuing conduct constitutingground for divorce.Fraudulent concealment of ground of divorce avoiding condonation.Conjugal kindness as condition subsequent to condonation.Revocation of condonation and revival of ground for divorce.Repealed.Lapse of time as ground for denial of divorce - Presumption of acquiescenceResidence requirements for divorce or separation maintenance.



48/70


Venue of action - Change by defendant.Repealed

No presumption as to same domicile of parties - Separate domiciles afterseparation.Automatic temporary restraining order upon service - Modification or revoca-tion.Waiting period before trial of divorce and separate maintenance actions -Temporary orders and preliminary proceedings during waiting period - Valid-ity of proceedings commenced before 1964.Validation of prior decrees granted on sixtieth day - Deadline for contestingvalidity.Validity of proceedings on service by publication under prior law.Repealed.Alimony pending action.Separate maintenance granted on denial of divorce.Action for separate maintenance without divorce - Alimony and support.Allowance for support when divorce granted.Security for payments required of spouse - Receivership - Allowance withheldwhen recipient's estate sufficient.Support payments through clerk of courts - Payment to social services whenassignment made to state - Back support - Accounting.Division of property between parties.Child custody provisions - Modification.

Fault not considered in awarding property or child custody - Exceptions.Intervention by attorney general or state's attorney when support assigned tostate.Adoption of fee schedule for home studies or investigations ordered by court incustody proceedings.Counsel appointed for child in certain divorce and custody proceedings - Dutyof counsel - Assistance - Costs.Alimony, support, property and child custody provisions subject to review onappeal.Restoration of former name to wife - Validation of prior decrees.Legitimacy of children after divorce for adultery of wife.

Legitimacy of children after divorce for adultery of husband.Repealed.Report of divorces to department of health.Visitation rights for grandparents - Authority of circuit court.Repealed.Visitation rights of grandparents - Child placed for adoption.Exclusion of child from custody proceedings.Court authorized to order mediation or investigation - Allocation of costs.


25-4-30.125-4-31,25-4-32.

25-4-33.

25-4-33.1.

25-4-34.

25-4-34.1.

25-4-35.25-4-36, 25-4-3725-4-38.25-4-39.25-4-40.25-4-41.25-4-42.

25-4-43.

25-4-44.25-4-45.25-4-45.1.25-4-45.2.

25-4-45.3.

25-4-45.4.

25-4-46.

25-4-47.25-4-48.

25-4-49.25-4-50.25-4-51.25-4-52.25-4-53.25-4-54.25-4-55.25-4-56.


49/70


25-4-57. Court appointment of mediator.25-4-58. Adoption of court rules establishing minimum qualifications of mediator.

25-4-58.1. Minimum Qualifications for Family Court Mediators.25-4-58.2. Conduct of Family Court Mediators.25-4-59. Privacy of mediation proceedings.25-4-60. Confidentiality of mediation communications and mediator's work product.25-4-61. Written mediated agreement - Signing - Court approval.25-4-62 Recommendation by dediator to court upon parties' failure to agree.

25-4-1. Marriage dissolved only by death or divorce - Status of parties after divorce.

Marriage is dissolved only:

(1) By the death of one of the parties; or

(2) By the judgment of a court of competent jurisdiction decreeing a divorce of theparties. The effect of such judgment is to restore the parties to the state of unmarriedpersons.

Source: SDC 1939, 14.0701.

See Cal Civ Code, 90.

25-4-2. Grounds for divorce.

Divorces may be granted for any of the following causes:

(1) Adultery;

(2) Extreme cruelty;

(3) Willful desertion;

(4) Willful neglect;

(5) Habitual intemperance;

(6) Conviction of felony;

(7) Irreconcilable differences.



50/70

"SOUTH DAKOTA CODIH-thD LAWS - Chapter 25-4

Source: SDC 1939, 14.0703 (1) to (6); SL 1985, ch 207, 3.


25-4-3. Adultery defined.

Adultery is the voluntary sexual intercourse of a married person with one of the opposite sex to whomhe or she is not married.

The effective date of this section is July 1, 1984.

Source: SDC 1939, 14.0704; repealed SL 1976, ch 158, 22-8;re-enacted SL 1984, ch 12, 38; 1985, ch 15, 36.

25-4-4. Extreme cruelty defined.

Extreme cruelty is the infliction of grievous bodily injury or grievous mental suffering upon the other,by one party to the marriage.

Source: SDC 1939, 14.0708.


25-4-5. Willful desertion defined - Special conditions applicable.

Willful desertion is the voluntary separation of one of the married parties from the other with intentto desert.

The special conditions or circumstances set forth in 25-4-8 to 25-4-14, inclusive, shall also applyin establishing desertion under the provisions of this title.

Source: SDC 1939, 14.0709.


25-4-6. Desertion by wife's failure to conform to husband's place or mode of living.

Repealed by SL 1974, ch 173.

25-4-7. Desertion by husband's selection of unreasonable place or mode of living.



51/70


Repealed by SL 1974, ch 173.

25-4-8. Refusal of intercourse as desertion - Refusal to live together.

Persistent refusal to have reasonable matrimonial intercourse as husband and wife when health orphysical condition does not make such refusal reasonably necessary, or the refusal of either party todwell in the same house with the other party when there is no just cause for such refusal, is desertion.

Source: SDC 1939, 14.0709'(l).


25-4-9. Desertion by departure during absence of spouse induced by fraud.

When one party is induced by the stratagem or fraud of the other party to leave the family dwellingplace or to be absent, and during such absence the offending party departs with intent to desert theother, it is desertion by the party committing the stratagem or fraud and not by the other.

Source: SDC 1939, 14.0709 (2).

25-4-10. Desertion by cruelty or threats causing departure of spouse.

Departure or absence of one party from the family dwelling place caused by cruelty or by threats of bodily harm from which danger would be reasonably apprehended from the other is not desertion bythe absent party, but it is desertion by the other party.

Source: SDC 1939, 14.0709 (3).

25-4-11. Separation by consent not desertion.

Separation by consent with or without the understanding that one of the parties will apply for adivorce is not desertion.

Source: SDC ,1939, 14.0709 (4).

25-4-12. Intent to desert formed during proper absence.

If one party deserts the other and, before the expiration of the statutory period required to make thedesertion a cause of divorce, returns and offers in good faith to fulfill the marriage contract andsolicits condonation, the desertion is cured. If the other party refuses such offer and condonation, therefusal shall be deemed and treated as desertion by such party from the time of the refusal.



52/70


Source: SDC 1939, 14.0709 (7).


25-4-15. Willful neglect defined.

Willful neglect is the neglect of a person to provide the common necessaries of life for his or herspouse, when having the ability to do so; or it is the failure to do so by reason of idleness, profligacy,or dissipation.

Source: SDC 1939, 14.0710; SL 1984, ch 12, 45.


25-4-16. Habitual intemperance defined.

Habitual intemperance is that degree of intemperance from the use of intoxicating drinks whichdisqualifies the person a great portion of the time from properly attending to business, or which wouldreasonably inflict a course of great mental anguish upon the innocent party.

Source: SDC 1939, 14.0711.

25-4-17. Continuous period of desertion, neglect or intemperance required.

A

Willful desertion, willful neglect, or habitual intemperance must continue for one year before eitheris a ground for divorce.

Source: SDC 1939, 14.0712.

25-4-17.1. Irreconcilable differences defined.

Irreconcilable differences are those grounds which are determined by the court to be substantialreasons for not continuing the marriage and which make it appear that the marriage should bedissolved.

Source: SL 1985, ch 207, 1.

25-4-17.2. Dissolution of marriage - Legal separation - Continuance - Orders duringcontinuance - Consent of parties.

If from the evidence at the hearing, the court finds that there are irreconcilable differences, whichhave caused the irremediable breakdown of the marriage, it shall order the dissolution of the marriageor a legal separation. If it appears that there is a reasonable possibility of reconciliation, the court shall



53/70

SOUTH DAKOTA CODIFIED LAWS - Chapter 25-4 -

continue the proceeding for a period not to exceed thirty days. During the period of the continuance,the court may enter any order for the support and maintenance of the parties, the custody, support,maintenance and education of the minor children of the marriage, attorney fees and for thepreservation of the property of the parties. At any time after the termination of the thirty-day period,either party may move for the dissolution of the marriage or a legal separation, and the court may enterits judgment decreeing the dissolution or separation.

The court may not render a judgment decreeing the legal separation or divorce of the parties on thegrounds of irreconcilable differences without the consent of both parties unless one party has notmade a general appearance.

Source: SL 1985, ch 207, 2; 1986, ch 213.

25-4-17.3. Use of affidavits to establish jurisdiction and grounds for divorce.

In any action for divorce or separate maintenance in which the parties have consented to the use of irreconcilable differences, the court may grant the divorce based on the affidavits of the partiesestablishing the requisite jurisdiction and grounds for the divorce or separate maintenance actionwithout requiring their personal appearance.

Source: SL 1987, ch 187, 1.

25-4-17.4. Validation of divorce granted without personal appearance.

Any divorce or separate maintenance which has been granted without the personal appearance of a

party is hereby legalized and validated.

Source: SL 1987, ch 187, 2.

25-4-18. Chronic mental illness as discretionary ground.

In case of incurable, chronic mania or dementia of either spouse having existed for five years or more,while under confinement by order of a court of record or of the board of mental illness as providedby law, the court may in its discretion grant a divorce.

Source: SDC 1939, 14.0703 (7). 25-4-19. Grounds for denial of divorce.

Divorces must be denied upon showing:

(1) Connivance;

(2) Collusion;



54/70


(3) Condonation; or

(4) Limitation and lapse of time.

Source: SDC 1939, 14.0713; SL 1973, ch 161.

25-4-20. Connivance defined.

Connivance is the corrupt consent of one party to the commission of the acts of the other, constituting the cause of divorce. Corrupt consent is manifested by passive permission, with intent to connive ator actively procure the commission of the acts complained of.

Source: SDC 1939, 14.0714 .


25-4-21. Collusion defined.

Collusion is an agreement between husband and wife that one of them shall commit or appear to havecommitted or to be represented in court as having committed acts constituting acause of divorce, forthe purpose of enabling the other to obtain a divorce.

Source: SDC 1939, 14.0715.


25-4-22. Condonation defined - Required elements.

Condonation is the conditional forgiveness of a matrimonial offense constituting a cause of divorce.

The following requirements are necessary to condonation:

(1) A knowledge on the part of the condoner of the facts constituting the cause of divorce;

(2) Reconciliation and remission of the offense by the injured party;

(3) Restoration of the offending party to all marital rights.



55/70


Source: SDC 1939, 14.0716.

25-4-23. Condonation not implied by endurance of continuing conduct constituting groundfor divorce.

Where the cause of divorce consists of a course of offensive conduct, or arises in cases of cruelty fromexcessive acts of ill-treatment, which may aggregately constitute the offense, cohabitation, or passiveendurance, or conjugal kindness shall not be evidence of condonation of any of the acts constituting such cause, unless accompanied by an express agreement to condone. In such cases, condonation canbe made only after the cause of divorce has become complete, as to the acts complained of.

Source: SDC 1939, 14.0716.

25-4-24. Fraudulent concealment of ground of divorce avoiding condonation.

A fraudulent concealment by the condonee of facts constituting a different cause of divorce from theone condoned, and existing at the time of condonation, avoids such condonation.

Source: SDC 1939, 14.0716.

25-4-25. Conjugal kindness as condition subsequent to condonation.

Statute textCondonation implies a condition subsequent that the forgiving party must be treated with conjugalkindness.

Source: SDC 1939, 14.0716.

25-4-21. Collusion defined.