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South Dakota Affidavit of Plaintiff and Defendant

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STIPULATION AND SETTLEMENT AGREEMENT (WITHOUT MINOR CHILDREN)

STATE OF SOUTH DAKOTA ) IN CIRCUIT COURT

:SS ________ JUDICIAL CIRCUIT

COUNTY OF )

__________________________________

Plaintiff,

vs.

__________________________________

Defendant

DIV

STIPULATION AND

SETTLEMENT AGREEMENT

(WITHOUT MINOR CHILDREN)

THIS STIPULATION AND SETTLEMENT AGREEMENT (WITHOUT MINOR CHILDREN)

made and entered into this day of , 20, by and between

(insert Plaintiff’s name) and (insert Defendant’s name).

WITNESSETH:

WHEREAS, the parties were married in , State of , on the day of , , and ever since that time have been and now are spouses, and

WHEREAS, Defendant was served with a true and correct copy of the Summons (Without Children), and the Complaint (Without Minor Children) on the day of , 20, as reflected by the Proof of Service filed with the Court, and

WHEREAS, Plaintiff resided at , (city) , County, (state), at the time of the commencement of this divorce action and presently resides at , (city) County, (state). Defendant resided at , (city) County, (state), at the time of the commencement of this divorce action and presently resides at , (city) County, (state).

Both parties agree that venue and jurisdiction in this Court is appropriate and consent to such jurisdiction and venue, and

WHEREAS, the parties agree that they currently have no minor children that were born to or adopted by the parties during the course of their marriage or relationship. The spouses are / are not pregnant at the time of this action. If pregnant, spouse is due on the day of , 20, and

NOW THEREFORE, in consideration of the promises and mutual covenants hereinafter contained, it is agreed and understood by and between the parties as follows:

1. Release. Except as herein specified, each of the parties is hereby released and absolved from any and all obligations and liabilities for the future acts and duties of the other, and each of the parties releases the other from any and all liabilities, debts and/or obligations of any kind or character incurred by the other from and after the date of this Agreement and from any and all claims and demands, it being expressly understood and agreed this Agreement is intended to settle the rights of the parties in all respects, except as hereinafter provided.

2. After-Acquired Property. Any and all property, whether real or personal, acquired by either party from and after the date hereto from and after the date hereof shall be the sole and separate property of the one so acquiring the same, and each of said parties hereby respectfully grants to the other all such other and further acquisitions of property as the sole property of the one so acquiring the same.

3. Property Division: The parties agree that the following marital property shall be divided as follows and such division is equitable:

A. Clothing, Personal Effects, Personal Property: Each of the parties shall receive his/her own clothing, personal effects, and all personal property in his/her possession, free and clear of any claim from the other, unless otherwise specified herein.

B. Photographs, Memorabilia: The parties agree to equally split the photographs and any special memorabilia acquired during the course of the marriage / relationship within 90 days of execution of this Agreement. Any expenses incurred in this process shall be mutually agreed upon and split equally between the parties.

C. Plaintiff’s Vehicle(s) / Boats / Motorcycles / ATV’s / Mobile Home / etc.: Plaintiff shall exclusively receive, as his/her sole and separate property, the following vehicle(s):

(provide year, make and model), subject to any debts against the asset(s). Plaintiff shall be solely responsible for the debt associated with these vehicles as well as the insurance and maintenance on these asset(s) commencing with the date this Agreement is executed.

D. Defendant’s Vehicle(s) / Boats / Motorcycles / ATV’s / Mobile Home / etc.: Defendant shall exclusively receive, as his/her sole and separate property, the following vehicle(s):

(provide year, make and model), subject to any debts against the asset(s). Defendant shall be solely responsible for the debt associated with these vehicles as well as the insurance and maintenance on these asset(s) commencing with the date this Agreement is executed.

E. As set forth above, the party receiving the assets listed above in 5(C) and 5(D) shall assume the debt associated with them and remove the other party’s name therefrom within days from entry of the Judgment and Decree of Divorce. The other party shall cooperate in transferring the titles to the party receiving the assets once his/her name is removed from the debt.

F. Property in Possession of the Other: If either party has property to be given to the other, then Plaintiff shall, within 30 days of execution of this Agreement, give to Defendant the following personal property items:

and Defendant shall, within 30 days of execution of this Agreement, give to Plaintiff the following personal property items:

G. Checking and Savings Accounts: The parties represent that they have separated their bank accounts including checking and/or savings, and each shall keep the cash balance in any bank accounts in his/her name, free and clear of any claim by the other. The parties shall immediately close any remaining joint accounts with the proceeds to be divided equally.

H. Tax Consequences: The parties agree that the foregoing transfers of property between them are tax-free under the Internal Revenue Code § 1041, and both agree not to take any inconsistent position on his or her tax returns filed after this Agreement is signed.

4. Debt Division: In addition to the allocation of the debts associated with the property distributed herein, the remaining marital debt of the parties shall be divided as follows (list all debts incurred by one or both of the parties: credit cards, bank loans, personal loans, vehicle loans, outstanding monthly bills, student loans, medical bills, etc.):

A. Plaintiff shall be solely responsible for and take over the following debts:

B. Defendant shall be solely responsible for and take over the following debts:

C. Unless otherwise provided for herein, each of the parties shall be solely responsible for any debts he/she has incurred since date of separation on ; or date of execution of this Agreement. Each of the parties agrees not to contract any debt, charge or liability whatsoever for which the other or his or her property or estate shall or may become liable or answerable in the future.

Except as otherwise expressly provided, it is further agreed that any and all unpaid debts not otherwise addressed in this document, incurred by the parties during the course of their marriage shall be the responsibility of the person who incurred it. Each party shall indemnify and hold harmless the other therefrom.

D. In respect to equalizing the property distribution, the parties agree (check one):

That Plaintiff / Defendant (circle one) shall pay to the other the amount of $ to equalize the property / debt distribution within days of entry of the Judgment and Decree of Divorce;

OR

That the allocation of personal property and debt is equitable and no amount is necessary to equalize the distribution.

E. Unless otherwise provided herein, each of the parties promises at all times to keep the other party free, harmless and indemnified of and from any and all debts, charges or liabilities previously contracted or incurred by said party individually, and to be hereafter contracted or incurred by said party individually, and each shall immediately apply for formal transfer or assumption of the debts each assumes under this Agreement with the creditors involved so the non-responsible party is released from liability by the creditors. However, neither party can guarantee that the creditors involved will approve a release from liability. If a creditor denies a release presently, the parties agree to renew their applications for formal transfer or assumption in the future at reasonable intervals.

5. Real Property (house, land or buildings):

The parties have no real property (check if applicable and then proceed to #8).

The parties have an interest in the following real property:

Physical Address:

Legal description (obtained from a document such as a Warranty Deed, Mortgage or Title Insurance):

In regards to the property, the parties agree:

Plaintiff / Defendant (circle one) will receive the house / land and all the fixtures therein and/or the improvements thereon. The parties agree that the amount of equity in the real estate is $ (Value – Debt(s)). The party receiving the real estate shall pay $ to the other to equalize this division within days of entry of the Judgment and Decree of Divorce. If there is a mortgage(s) or other joint debt encumbering the real estate, the person receiving the property shall remove the other party’s name from the mortgage(s) within days of entry of the Judgment and Decree of Divorce.

OR

The parties agree that the house / land and all the fixtures therein and/or the improvements thereon shall be listed for sale by , 20 with a realtor, on an active multiple listing service, for fair market value.

During the pendency of sale of the home, Plaintiff / Defendant / Not Applicable (Circle One) shall have exclusive possession of the marital home as long as he/she does not commit waste thereto. Commencing , 20, the parties agree that Plaintiff / Defendant / Not Applicable (Circle One) shall be responsible for the mortgage payments, which payments include taxes and insurance, normal maintenance, as well as payment of utility bills associated with the marital home.

The parties further agree that the net proceeds of the sale of the home shall be divided with Plaintiff receiving % and Defendant receiving %. Additionally, any monies refunded to the parties from any escrow account shall be divided between the parties with Plaintiff receiving % and Defendant receiving %.

6. Investments and Retirement Funds and Pension Plans: Retirement and investments may be considered marital property and must be considered when dividing the marital assets between the parties.

The parties agree (check the appropriate box):

Each party specifically waives any and all claims, if any, to the other’s 401 K, IRA, stock options, retirement, pension, and profit sharing accounts and benefits...

OR

Plaintiff shall receive the following investments and retirement accounts:

and Defendant shall receive the following investments and retirement accounts:

7. Life Insurance. The parties agree (check the appropriate box):

The parties do not have any life insurance policies to distribute;

OR

The parties agree to the allocation of the life insurance policies as follows:

Plaintiff shall receive the following (term/whole life) life insurance policy(ies) and shall be responsible for any premium:

Defendant shall receive the following (term/whole life) life insurance policy(ies) and shall be responsible for any premium:

8. Military Benefits (If one of the parties is a military member).

Neither party was or currently is a member of the military.

OR

Plaintiff / Defendant (circle one or both, if applicable) was a member of the military during a time period of the marriage.

In respect to military benefits of the service member, the parties agree as follows:

9. Alimony (Spousal Support).

Plaintiff / Defendant (circle one) shall receive alimony in the sum of $ each month for a period of months, or until remarriage of the recipient or death of either party.

OR

No permanent, general, rehabilitative or restitutional alimony shall be granted to either party.

10. Income Tax Returns.

File a joint tax return if possible for the tax year, if allowed by law, and share the expenses and tax liability or refund as follows: % to Plaintiff and % to Defendant;

OR

File as single persons for the tax year.

11. Former Name.

Not applicable (check if neither party wants their maiden or former name restored);

OR

Plaintiff / Defendant (circle one), presently known as , DOB , will be restored to her / his former or maiden name of “” and will be known hereafter as .

12. Other Agreements Not Covered Above.

13. Attorney’s Fees.

Each party shall be solely responsible for his/her own attorney fees, costs and expenses incurred in this proceeding;

OR

Plaintiff / Defendant (circle one) will pay the sum of $ towards the attorney fees, costs and expenses of his / her spouse within days of entry of the Judgment and Decree of Divorce.

14. Address. Until all provisions herein are satisfied, the parties agree that each will promptly notify the other of any change of address and/or telephone number.

15. Other Documents. The parties shall, at any and all times upon request by the other party or his or her legal representative, make, execute, and deliver any and all such other and further instruments as may be necessary or desirable for the purpose of giving full force and effect to the provisions of this Agreement, without charge therefor.

16. Grounds. The parties mutually understand that a divorce shall be granted to both parties on the grounds of irreconcilable differences, per SDCL 25-4-17.3.

17. Interference. The parties hereafter shall live separate and apart. Each party shall be free from interference, authority or control, direct or indirect, of the other party.

18. Enforcement. The parties agree that this Agreement shall be binding upon them until otherwise mutually agreed or otherwise ordered by the Court.

19. Release of Inheritance Rights. Unless otherwise specified herein, each party releases all right to share in the estate of the other.

20. Modification and Waiver. Any modification or waiver of any provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement, and approved by the Court.

21. Partial Invalidity. If any of the provisions of this Agreement are held to be invalid or unenforceable, all other provisions shall nevertheless continue in full force and effect.

22. Titles. The paragraph captions contained herein are inserted for convenience and descriptive purposes only and do not constitute a part of this Agreement.

23. Conflict of Laws. This Agreement shall be construed in accordance with the substantive laws of the State of South Dakota.

24. Waiver and Incorporation. The parties waive notice of trial, notice of hearing, findings of fact and conclusions of law and consent to the entry of a Judgment and Decree of Divorce without further notice.

25. Military Service. Plaintiff confirms that he/she is / is not currently a member of the military service of the United States of America.

26. Written Memorandum. This Agreement contains the entire understanding of the parties.

27. Ratification.

A. This Agreement was made and entered into with the full knowledge of both parties, and they have read the entire document and have signed the same of their own free will and accord.

B. The parties represent to the court that each acknowledges the importance of consulting separate, independent legal counsel as well as a tax expert prior to the execution of this Agreement.

C. Each party covenants and warrants to the other that full and frank disclosure of all assets and liabilities has been made.

DATED this day of , 20.

Plaintiff’s Signature

STATE OF SOUTH DAKOTA )

)SS

COUNTY OF )

On this the day of , 20, before me, the undersigned officer, personally appeared , Plaintiff, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument and acknowledged that he/she executed the same for the purposes therein contained.

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

Notary Public

My Commission Expires:

DATED this day of , 20.

Defendant’s Signature

STATE OF SOUTH DAKOTA )

)SS

COUNTY OF )

On this the day of , 20, before me, the undersigned officer, personally appeared , Defendant, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument and acknowledged that he/she executed the same for the purposes therein contained.

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

Notary Public

My Commission Expires:

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What the South Dakota Affidavit of Plaintiff and Defendant Is

The South Dakota Affidavit of Plaintiff and Defendant is a sworn written statement used in civil litigation and related matters to record each party's factual assertions, identity, and acknowledgment of claims or defenses. It typically identifies the case caption, parties, factual summary, and signature blocks for plaintiff and defendant, and it is signed under penalty of perjury before a notary public. The affidavit is used for admissions, stipulated facts, or to support filings where a party's sworn statement is required by court rule or statute.

Why this affidavit matters in disputes and filings

A correctly completed affidavit provides a formal, sworn record of each party's position that courts accept as evidence when admissible. It clarifies facts, speeds case management, and creates a verifiable record for service or filing without repeated in-person testimony.

Why this affidavit matters in disputes and filings

Who prepares and relies on this affidavit

Proper preparation and notarization reduce later disputes about authenticity and can shorten evidentiary proceedings by limiting contested factual issues.

  • Plaintiffs and defendants who need to record sworn facts related to a dispute for court filings or settlements.
  • Attorneys preparing evidentiary exhibits, stipulations, or supporting affidavits for motions and hearings.
  • Court personnel or mediators using signed affidavits to document agreed facts during case management.

Step-by-step: completing and notarizing the affidavit

Follow these sequential steps to prepare, sign, and file a valid affidavit in South Dakota.

  • 01
    Prepare document: Populate caption, name, factual numbered paragraphs.
  • 02
    Review content: Check for first-hand statements and remove speculation.
  • 03
    Sign before notary: Affiant signs in the notary's presence with ID.
  • 04
    File or serve: Submit to court clerk or opposing counsel as required.

How the affidavit flows from draft to court record

This overview shows the typical routing and verification steps that turn a drafted affidavit into an official court record.

  • Drafting: Create factual numbered statements and identify the affiant.
  • Notarization: Notary verifies identity and administers oath.
  • Copying: Make certified copies if court requires originals retained.
  • Filing/Service: File with court or serve opposing counsel per rules.

Typical online workflow settings for affidavits

When digitizing affidavits, configure fields and signer rules to preserve legal effect and auditability.

Field Configuration
Affiant Name Required text field with exact-match validation
Notary Block Visible, locked field for notary to complete
Execution Date MM/DD/YYYY format and required
Signature Electronic signature with signer authentication

Platform considerations for electronic affidavits

Ensure the chosen system complies with ESIGN/UETA and supports any additional state RON or notary requirements when remote notarization is used.

  • Authentication: SMS, email link, or stronger methods
  • Audit Trail: Capture IP, timestamp, and action history
  • Document Formats: PDF/A and printable copies supported

Essential sections every professional affidavit includes

A clear, enforceable affidavit contains specific structural elements to ensure admissibility and ease of processing.

Caption

Court and case identification including court name, county, case number, and full party names so the affidavit ties directly to the matter before the court.

Affiant Identification

Full legal name, address, and relationship to the case so the court can verify the source and relevance of the sworn facts.

Sworn Statement

Numbered paragraphs stating facts based on the affiant's personal knowledge; clearly separate fact from opinion to preserve admissibility.

Oath and Jurat

Language showing the affiant was sworn and the jurat completed by a notary, including the notary's signature, commission number, and expiration date.

Signature Area

Space for the affiant's signature and printed name with a date field formatted MM/DD/YYYY to record execution timing.

Exhibits

References and attachments labeled as exhibits with exhibit tabs or descriptors to support factual assertions in the affidavit.

Required information and identification elements

Affiant Name: Full legal name
Address: Street, city, state, ZIP
Date: MM/DD/YYYY format
Notary Signature: Notary signed
Notary ID: Commission number
Exhibit List: Attached if used

Common pitfalls to avoid when preparing the affidavit

  • Using hearsay or secondhand statements instead of first-hand factual descriptions undermines admissibility and invites objections at hearing.
  • Mismatched names, incorrect case captions, or wrong case numbers cause clerks to reject filings or misfile the affidavit, delaying proceedings.
  • Signing outside the presence of the notary or failing to present proper ID can invalidate notarization and require re-execution under oath.
  • Attaching unsigned exhibits or referring to exhibits not properly labeled or Bates-stamped creates confusion and can lead to evidentiary exclusion.

Legal risks and penalties from incorrect affidavits

Perjury Risk: Criminal exposure under state perjury laws
Filing Rejection: Clerk may refuse to accept document
Evidence Excluded: Court may strike unsupported assertions
Delay Costs: Extended litigation and attorney fees
Contempt Risk: Court sanctions for false statements
Professional Liability: Attorney malpractice exposure

Timing and deadlines commonly affecting affidavits

Affidavit timing affects filings, discovery, and statute of limitations issues; plan execution around hearing and service deadlines.

Hearing Deadlines:

Serve affidavits per local rule deadlines before hearing.

Filing Requirements:

File affidavits with the clerk when required by motion schedule.

Discovery Cutoffs:

Provide affidavits before discovery closure as ordered by court.

Statute of Limitations:

Execution date may affect limitation calculations.

W-9/Tax Timing:

Provide tax documents to payers when requested (W-9 upon request).

Key milestones from drafting to recordation

A sequential milestone view helps teams coordinate drafting, notarization, service, and filing to meet court schedules.

01

Draft Completed

Affidavit text finalized and exhibits attached.

02

Notary Execution

Affiant signs and notary completes jurat.

03

Service to Parties

Deliver copies to opposing counsel and file proof of service.

04

Court Filing

File with clerk and obtain stamped conformed copy.

Real-world examples of affidavit use and outcomes

These brief examples illustrate how practitioners use affidavits to streamline case actions and record sworn facts.

Optica Ventures

A COO used a signed affidavit to document contract performance facts quickly

  • Reduced dispute time
  • The affidavit provided a clear factual record that enabled faster resolution and avoided prolonged in-court testimony by corroborating key dates and actions.

Martin Properties

A founder used an affidavit to confirm tenant default facts for eviction proceedings

  • Speeded filing
  • Using a notarized affidavit helped the property manager meet filing requirements and shortened the timeline for relief without additional depositions.

Who typically signs or executes the affidavit

Plaintiff's Counsel

A party's attorney prepares and reviews affidavits to ensure factual accuracy and admissibility, confirms client identity, and coordinates notarization and filing. Counsel certifies that statements are based on client knowledge or disclosed sources and ensures compliance with court rules.

Defendant or Agent

The defending party or an authorized agent signs to attest to facts within their personal knowledge; if signed by an agent, a capacity statement and proof of authority should be included to establish standing.

Practical tips for accurate, efficient affidavit completion

Follow these best practices to reduce rework and preserve evidentiary weight.

Use first-hand statements
Draft numbered paragraphs stating facts the affiant personally observed. Avoid hearsay and clearly separate factual statements from legal conclusions to preserve admissibility and avoid motions to strike.
Confirm identity and ID
Present government-issued photo ID to the notary and match the affiant's full legal name across the affidavit and identification to prevent notarization delays or invalidation.
Label exhibits clearly
Attach and reference exhibits with exhibit labels and brief descriptions so the court and opposing counsel can verify supporting documents without ambiguity.
Keep originals secure
Retain the notarized original in a controlled file; provide certified copies for filing and service as required by local court rules.

Select eSignature vendor pricing and capabilities for affidavit workflows

Compare basic pricing and capabilities relevant to affidavit signing and notarization workflows; signNow is listed first by platform policy.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial Yes, 7-day trial Varies by vendor Varies by vendor Varies by vendor Varies by vendor
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Frequently asked questions about South Dakota affidavits

Answers to common questions about execution, notarization, electronic signing, and filing specific to affidavits in civil matters.


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