INSTRUCTIONS: SOUTH DAKOTA COMPLAINT WITH MINOR CHILDREN (Form UJS 312)

To initiate a South Dakota divorce in a marriage involving minor children, you may file a form UJS 312 against your spouse. This South Dakota Complaint With Minor Children does not require an attorney and can be found on the website of the state's Unified Judicial System.

South Dakota Complaint With Minor Children UJS 312 Step 1: At the top of the page, enter the number of the judicial circuit in which the court hearing your case is located, as well as the county name. Enter your name next to "plaintiff," and your spouse's next to "defendant."

South Dakota Complaint With Minor Children UJS 312 Step 2: On the first line, enter the county and state where you currently reside. Do the same for your spouse on line two. On line three, enter the date and location of your marriage. If you no longer live with your spouse, enter the date on which you began living separately.

South Dakota Complaint With Minor Children UJS 312 Step 3: Line four states that you are seeking divorce on the grounds of irreconcilable differences. However, there are six additional grounds for divorce that you may place a checkmark next to if they apply. These consist of adultery, extreme cruelty, willful desertion or neglect, habitual intemperance such as drug or alcohol addiction, or a felony conviction.

South Dakota Complaint With Minor Children UJS 312 Step 4: On line five, note how many children you have and indicate whether the wife is pregnant.

South Dakota Complaint With Minor Children UJS 312 Step 5: On line six, enter the names and dates of birth of all children. On line seven, list the dates, locations and names of all people the children lived with in the last five years. On line eight, note any prior court proceedings regarding child custody. On line nine, note any other person besides the spouses who has had custody. On line nine, indicate your wishes about custody arrangements.

South Dakota Complaint With Minor Children UJS 312 Step 6: On line twelve, indicate whether you are seeking alimony. In the last section, indicate whether you wish for your premarital name to be restored.

South Dakota Complaint With Minor Children UJS 312 Step 7: Sign the form before a notary public or court clerk.