Stipulation and Settlement (with Children) - South Dakota - Edit, Fill, Sign Online

STATE OF SOUTH DAKOTA ) IN CIRCUIT COURT

:SS

COUNTY OF _______________) ________ JUDICIAL CIRCUIT

_________________________, DIV _______

Plaintiff,

STIPULATION AND SETTLEMENT

vs. AGREEMENT

(WITH CHILDREN)

_________________________,

Defendant

Come now the parties above-named, and for the purpose of aiding the Court in the

disposition of the divorce action pending before it, hereby stipulate and agree as follows:

PARTIES

The parties to this Agreement are , hereinafter

referred to as “Wife” or “Mother” and , hereinafter

referred to as "Husband” or “Father.”

MARRIAGE

The parties were married in , State of __ ,

on the

day of , _______, and are now and have been ever

since, (husband and wife) or (wife and husband). (Circle one)

DIVORCE ACTION

Defendant was served with a true and correct copy of the Summons and Complaint on the

________ day of ___________________, ________, as reflected by the Proof of Service filed

with the Court.

________________ ________________

Plaintiff’s Initials Defendant’s Initials

Form UJS-325 Rev. 11/2010

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________________ ________________

Plaintiff’s Initials Defendant’s Initials

Form UJS-325 Rev. 11/2010

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RESIDENCY

Wife resided at , County, South

Dakota, at the time of the commencement of this divorce action and presently resides at

County, South Dakota. Husband resided at

, _________________ County, South Dakota, at the time of the

commencement of this divorce action and presently resides at ,

_________________ County, ____________________. Wife has continued to live in South

Dakota since the divorce action was started. Both parties agree that venue and jurisdiction in the

_________ Judicial Court, _________________ County, South Dakota is appropriate and

consent to such jurisdiction and venue.

CHILDREN

There have been children born to or adopted by the parties during the course of their

relationship/marriage.

PURPOSE

During the course of their marriage, the parties have accumulated certain real [land]

and/or personal property and have incurred certain debts and obligations, all of which is listed in

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

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

relationship and to aid the Court in disposing of this matter. The parties hereby request the Court

approve this Stipulation entered into between the parties and to grant the divorce to both parties

on the grounds of irreconcilable differences pursuant to SDCL §25-4-17.3, based on the

________________ ________________

Plaintiff’s Initials Defendant’s Initials

Form UJS-325 Rev. 11/2010

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Affidavits of the parties as to jurisdiction and grounds for divorce without the necessity of a

court hearing.

This Agreement is made and entered into freely and voluntarily by both parties. The

parties represent to the court that each has been advised of the importance of consulting an

attorney prior to the execution of this agreement and acknowledge that it is a legal document and

binding upon them.

NOW, THEREFORE, in consideration of the mutual promises and covenants herein

contained, the parties hereby agree as follows:

(1) Waiver of Notice: The parties waive notice of trial, findings of fact and

conclusions of law and agree that Husband/Wife (circle one) may forthwith submit this

Stipulation and Settlement Agreement together with the parties’ Affidavit to the Court for entry

of a Decree of Divorce, without further notice to either party, provided that the terms of this

Stipulation and Settlement Agreement are incorporated by reference into the Decree of Divorce

entered by the Court.

(2) Children: We have the following children born to us or adopted during our

relationship/marriage:

Name Date of Birth Date of Adoption Age Sex

______________________________________________________________________________

A. Legal Custody: We shall share joint legal custody of our children.

________________ ________________

Plaintiff’s Initials Defendant’s Initials

Form UJS-325 Rev. 11/2010

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B. Physical Custody: The children shall be in the primary physical custody

of Mother\Father (circle). The parties agree that the non-custodial parent shall have parenting

time consistent with this agreement and\or the South Dakota Visitation Guidelines. Failure to

allow parenting time consistent with this agreement may subject the party failing to following

the agreement to punishment by the Court, including attorney fees of the other party and possible

fine, and jail time.

At this time, Mother shall have the children during the school week as follows

(including pick-up and return times and location): _____________________________________

______________________________________________________________________________

At this time, Father shall have the children during the school week as follows

(including pick-up and return times and location): ____________________________________

______________________________________________________________________________

Mother shall have the children for the following parenting time during the

Summer: _____________________________________________________________________

______________________________________________________________________________

Father shall have the children for the following parenting time during the

Summer: _____________________________________________________________________

________________ ________________

Plaintiff’s Initials Defendant’s Initials

Form UJS-325 Rev. 11/2010

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______________________________________________________________________________

The parties shall alternate the following holidays: Easter/Spring Break, Memorial

Day, Labor Day and Thanksgiving.

Mother shall have Easter/Spring Break and Thanksgiving in even-numbered years

and Memorial Day and Labor Day in odd-numbered years, unless the parties agree otherwise, in

writing.

Father shall have the Easter/Spring Break and Thanksgiving in odd-numbered

years and Memorial Day and Labor Day in even-numbered years, unless the parties agree

otherwise, in writing.

Christmas vacation (winter break) shall be divided equally with Mother to get the

first half in odd-numbered years and the second half in even-numbered years. Father shall

receive the first half of Christmas in even-numbered years and the second half of Christmas in

odd-numbered years. If the parties are celebrating Christmas in the same area, then the parent

not having the first half of Christmas shall have the children from 10:00 a.m. to 8:00 p.m. on

Christmas Day. The parties may alter the holiday schedule, by mutual agreement which

will be in writing and signed by both parties.

Mother shall have the children on their birthday in even-numbered years and

Father shall have the children on their birthday in odd-numbered years.

The children shall be with Mother every Mother’s Day weekend and with Father

every Father’s Day weekend.

The transportation between the parents shall be handled equally. One parent shall

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Plaintiff’s Initials Defendant’s Initials

Form UJS-325 Rev. 11/2010

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pick up the children at the beginning of the visit and the other parent shall pick up the children at

the end of the visit, unless the parties agree otherwise.

If either party decides to move, they must provide at least 45 days advance

written notice to the other parent, and such other information as required by law.

C. Child Support: Child Support must be addressed in the Stipulation

Agreement or the court will not grant a divorce. Please attach to the Stipulation Agreement either

a print out of child support calculations or a report from a Child Support Referee. For

information and assistance with child support calculations, parties may visit the Child Support

Obligation Worksheet page found on the Department of Social Services website at

http://dss.sd.gov/childsupport/services/obligationsdetermined.asp.

For additional help, parties may hire an attorney or contact the State Bar's Access to Justice

lawyer referral program or other Legal Aid programs throughout the state.

Attached are child support calculations prepared by:

⁭ Parties

⁭ Licensed Attorney: __________________________________ (Print name of attorney)

⁭ Child Support Referee Report

______________________________ (name of non-custodial parent) shall pay current

support in the amount of $ ____________ per month on behalf of the child(ren) named above

with the first payment to be due on the _______ day of ___________________, 20______ and

thereafter on the 1

st

day of each month until the child(ren) attains the age of eighteen, or until the

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Form UJS-325 Rev. 11/2010

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child(ren) attain the age of nineteen if a full-time student in a secondary school, or until further

order of a court of competent jurisdiction. Until otherwise notified, all payments shall be made

payable to the Division of Child Support and mailed to:

CHILD SUPPORT PAYMENT CENTER

700 GOVERNORS DR STE 84

PIERRE, SD 57501

______________________________ (name of non-custodial parent) payer of income

shall be directed to withhold amounts for current support and arrearages effective upon entry of

this order.

______________________________ (name of parent) currently provides health

insurance coverage for the minor child(ren) at a costs of $ ___________ per month and shall

continue to do so. Pursuant to SDCL 25-7-6.16, the cost attributable to the child(ren) shall not

exceed $ ___________ per month and ______________________________ (name of parent) is

required to pay a pro rata share of the cost of this health insurance coverage. Therefore, _____%

of the cost, or $ ___________ per month has been added to/subtracted from the basic child

support obligation and is reflected in ______________________________ (name of parent)

$ ___________ monthly child support obligation as stated above.

______________________________ (name of custodial parent) shall be solely responsible for

the first two hundred fifty dollars ($250) per year of uncovered medical expenses per child. Any

additional, reasonable medical costs, including optometric, dental, orthodontic, counseling, or

other health care costs not covered by insurance shall be apportioned between the parties with

______________________________ (name of custodial parent) paying _____% and

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______________________________ (name of noncustodial parent) paying _____%.

Or

______________________________ (name of parent) shall provide health insurance

coverage for the minor child(ren). Pursuant to SDCL 25-7-6.16, the costs of the insurance

attributable to the child(ren) shall not exceed $ ___________ per month and

______________________________ (name of parent) is required to pay a pro rata share of the

cost of this health insurance coverage. Therefore, _____% of the cost, or $ ___________ per

month has been added to/subtracted from the basic child support obligation and is reflected in

______________________________ (name of parent) $ ___________ monthly child support

obligation as stated above after the insurance coverage cost is provided to the Divison of Child

Support.

______________________________ (name of custodial parent) shall be solely responsible for

the first two hundred fifty dollars ($250) per year of uncovered medical expenses per child. Any

additional, reasonable medical costs, including optometric, dental, orthodontic, counseling, or

other health care costs not covered by insurance shall be apportioned between the parties with

______________________________ (name of custodial parent) paying _____% and

______________________________ (name of noncustodial parent) paying _____%.

D. Parent Education Certificate

: Each of the parties has attended a parent education course

[if required] and attached hereto their certificates of completion. [Please check with your local

clerk of court to determine if attendance is required in your circuit prior to the granting of the

divorce.]

(3) Property Settlement:

A. Real Property (land and buildings)

: The parties have an interest in the

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following real property:

Address:

______________________________________________________________________________

Legal description:

______________________________________________________________________________

________________ ________________

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□ Wife/Husband (circle one) will receive the land and all improvement

thereon. The party not receiving the land shall sign a quit claim deed releasing all interest in the

property.

OR

□ The land shall be sold with the net sale proceeds to be divided equally

between the parties. The parties agree to use __________________________ as a realtor and to

mutually agree on the selling price. Husband/Wife (circle one) shall remain in the residence

until sold. Until sold, the expenses relating to the marital residence shall be divided as follows:

______________________________________________________________________________

B. Vehicles:

Husband shall receive the following vehicle(s):

______________________________________________________________________________

free and clear of any claim by Wife.

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Wife shall receive the following vehicle(s):

______________________________________________________________________________

free and clear of any claim by Husband.

Each shall transfer the title to the party receiving the vehicle.

C. Personal Property: The parties have divided their personal property by

agreement and represent to the court that such division is equitable. Wife shall retain as her sole

and separate property all of her personal clothing and effects and all personal property in her

possession, free and clear of any claim by Husband. Husband shall retain as his sole and

separate property all of his personal clothing and effects and all personal property in his

possession, free and clear of any claim by Wife. Any property purchased by a party since their

separation shall belong to the party purchasing same.

If either party has property to be given to the other, then Wife shall give to

Husband the following personal property items: _______________________________________

______________________________________________________________________________

and Husband shall give to Wife the following personal property items: _____________________

______________________________________________________________________________

D. Checking and Savings Accounts: The parties represent that they have

Fillable Printable Stipulation and Settlement (with Children) - South Dakota

Fillable Printable Stipulation and Settlement (with Children) - South Dakota

Stipulation and Settlement (with Children) - South Dakota