Affidavit Of Indigency Form - South Dakota

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Instructions for Affidavit of Indigency Form
(Waiver of Filing Fees)
An Affidavit for Indigency is a request to the Court asking it not to charge you the fee for filing a divorce and
to direct the Sheriff not to charge you for service of process. The affidavit is a statement that you are making to the
Judge explaining your financial situation and help the Judge decide whether to waive the fees in your case. You are
telling the Judge that you cannot afford to pay the filing fee and the service of process fee.
Complete the caption at the top of the Affidavit.
Read paragraphs 1 and 2. You do not need to fill in anything in these paragraphs, but you must agree with what
they say.
Fill in the blanks for paragraphs 3-8. You may want to have a copy of your last tax return to help you. If you do
not know an answer then place a question mark (“?”) in the blank. If you know for certain that you don’t
have or receive the item in a paragraph then enter a zero (“0”).
Fill in the blanks for sections I, II, and III. If you don’t have something listed in those sections enter a zero (“0”)
Make a photocopy of the Affidavit for you own records and file the original with the Clerk of Courts.
You must sign and date the Affidavit in the presence of a notary public or clerk of court. Make sure to bring
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.
WARNING: By signing your name, you are telling the court that you are telling the truth and that you have a
good faith reason for your requests. If you are not telling the truth, if you are misleading the court, or if you are
serving or filing this document for an improper purpose, the court could find you in contempt or you could be
prosecuted for not telling the truth.
GIVE THE COMPLETED AND SIGNED AFFIDAVIT TO THE CLERK OF COURTS WHEN YOU FILE
YOUR DIVORCE.
Form UJS-305 Rev. 11/2010

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