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Marital Domestic Separation and Property Settlement Agreement for persons with No Children, No Joint Property or Debts where Divorce Action Filed - South Dakota

Marital Domestic Separation and Property Settlement Agreement for persons with No Children, No Joint Property or Debts where Divorce Action Filed - South Dakota 2026

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The document is a Marital Separation and Property Settlement Agreement for married couples in South Dakota without children, outlining the terms of separation prior to divorce. It details the responsibilities regarding property division, financial disclosures, waiver of alimony, and mutual indemnity. Both parties agree to live separately, retain their own assets and debts, and waive any claims against each other. The agreement must be notarized and approved by the court to be effective.

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How to use or fill out Marital Domestic Separation and Property Settlement Agreement for persons with No Children, No Joint Property or Debts where Divorce Action Filed - South Dakota

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Click ‘Get Form’ to open it in the editor.
Begin by entering the full legal names of both parties at the top of the form. Ensure that you accurately fill in the date of marriage and the county where it took place.
In Section 1, confirm your separation status and ensure both parties initial next to their names.
Proceed to Section 2 to disclose financial information. Each party should list their assets and liabilities clearly.
In Section 3, specify ownership of personal property and any household furnishings. Make sure to detail who retains what items.
Complete Sections 4 through 8 by confirming there are no children, debts, or claims for alimony. Initial each section as required.
Finally, both parties must sign and date the agreement in the designated areas, ensuring a notary public witnesses the signatures.

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Got questions?

We have answers to the most popular questions from our customers. If you can't find an answer to your question, please contact us.

What are the three types of separation?

Trial, Permanent, Legal: All about the Different Types of Separation. Most people know what a separation is: a married couple living apart but remaining legally married.

What states dont allow legal separation?

While most states allow this option, Delaware, Florida, Georgia, Mississippi, Pennsylvania, and Texas dont. If your state offers legal separation, you can move forward with this option by filing a court order.

Does South Dakota have legal separation?

South Dakota recognizes legal separations. To obtain a legal separation, the couple must file a petition with the court.

Is South Dakota a no-fault divorce state?

You can get a divorce in South Dakota without claiming that your spouse is at fault (a no-fault divorce). The judge can grant you a no-fault divorce if the judge finds that there are irreconcilable differences between you and your spouse.

How long do you have to live in South Dakota to file for divorce?

Most states require the petitioner to live in-state for months or even a year before filing for divorce, but the South Dakota courts only require you to live in-state when you file for divorce.

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Is South Dakota a marital property state?

Unlike other states, South Dakota considers all property, marital and separate, as part of the marital estate. Judges assess the value of the property and then divide it without regard for acquisition or ownership (SDC 25-4-44).

Marital Domestic Separation and Property Settlement Agreement for persons with No Children, No Joint Property or Debts where Divorce Action Filed - South Dakota 2026

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