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South Dakota Affidavit of Default, Application for Judgment & Decree of Divorce (Default), Notice of Hearing and Affidavit of Mailing (with Minor Children) Form

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South Dakota Affidavit of Default, Application for Judgment & Decree of Divorce (Default), Notice of Hearing and Affidavit of Mailing (with Minor Children) Form
South Dakota Affidavit of Default, Application for Judgment & Decree of Divorce (Default), Notice of Hearing and Affidavit of Mailing (with Minor Children) Form
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Form UJS-321 Rev. 02/2014
Instructions for Affidavit of Default, Application for Judgment &
Decree of Divorce (Default), Notice of Hearing
and Affidavit of Mailing & Forms
Only the Plaintiff fills out these Default forms if the parties have not completed a
Stipulation and Settlement Agreement!
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.
The Application for Judgment and Decree of Divorce (Default) and Notice of Hearing serve
as notice to the Defendant that a date has been set for trial in the divorce case and that he/she is
in default for not responding to the Summons (with Minor Children) and Complaint with Minor
Children within 30 days after the completed service. Once 60 days have passed after service of
the Summons (with Children) and the Complaint with Minor Children (excluding the date of
service), the Affidavit of Default, Application for Judgment and Decree of Divorce (Default) and
Notice of Hearing along with the Affidavit of Mailing are completed and filed.
Affidavit of Default
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.
Complete paragraph 2 by inserting the date that Defendant was served with the Summons
(with Children), the South Dakota Parenting Time Guidelines and the Complaint with Minor
Children. This is the date that the Defendant either signed the Admission of Service or the
date the papers were delivered to the Defendant by the Sheriff or process server.
Read the other paragraphs carefully as you are signing this document under oath and the
statements made in all the paragraphs MUST BE TRUE.
You must sign and date the Affidavit in the presence of a notary public or clerk of
court. Make sure to bring photo identification to show the notary public or clerk of
court. A notary public can usually be found at the bank and sometimes at the
courthouse.
Application for Judgment & Decree of Divorce (Default)
Complete the top portion (the “caption”) of the Application for Judgment and Decree of
Divorce (Default) and Notice of Hearing as it appears on the Summons (with Children) and
the Complaint with Minor Children.
As the Plaintiff, fill in your full legal name in the first blank of the body of the Application.
South Dakota Affidavit of Default, Application for Judgment & Decree of Divorce (Default), Notice of Hearing and Affidavit of Mailing (with Minor Children) Form
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