Divorce in South Dakota

Lawyers.comsm
  • Residency Requirements and Grounds for Divorce

  • Dividing the Property

  • Alimony

  • Child Custody and Visitation

  • Child Support

    Residency Requirements and Grounds for Divorce

    The spouse that is filing for a divorce must be a resident of South Dakota or be a member of the Armed Forces who is stationed in South Dakota at the time of the filing and must remain a resident until the divorce is final. The legal divorce process begins when one spouse files a complaint for divorce in the circuit court of the county where either spouse resides. The nonfiling spouse has the right to have the case transferred to his or her county of residence. There is a 60-day waiting period after the divorce is filed before the court will grant a divorce.

    A divorce may be granted based on any of the following grounds:

    • Irreconcilable differences
    • Adultery
    • Extreme cruelty
    • Willful desertion
    • Willful neglect
    • Habitual drunkenness
    • Conviction of a felony
    • Confinement for incurable insanity for five years

    If both spouses consent to the use of "irreconcilable differences" as the grounds for divorce, you may be granted a divorce using simplified procedures. The court may allow you to get a divorce based on affidavits of each spouse that establish the required residence and grounds for the divorce without either spouse needing to make a court appearance.

    Dividing the Property

    South Dakota is an "equitable distribution" state. When a divorce is granted, the court may make an equitable division of the property belonging to either or both spouses, regardless of whether the title to the property is in the name of the husband or the wife. Marital fault is not considered in making the distribution unless it is relevant to the acquisition of property during the marriage.

    In deciding how to divide the property, the court will consider the following factors:

    • The length of the marriage
    • The value of the property owned by the spouses
    • The age and health of the spouses
    • The competency of the parties to earn a living
    • The contribution of each spouse to the accumulation of property
    • The income-producing capacity of the spouses' assets

    It is important to collect all the information you can about all your property, including when you purchased it, approximately how much it is worth and details such as account numbers, serial numbers and so forth. Collecting this information before you see a South Dakota divorce lawyer can save you a lot of time and money.

    Alimony

    The court can order alimony to either party in South Dakota for a limited time or for life. In deciding the amount and duration of any alimony award, the court considers the following factors:

  • The length of the marriage
  • The ability of the spouse from whom support is sought to meet his or her needs while meeting those of the spouse seeking support
  • The financial resources of the spouse seeking maintenance
  • The comparative financial resources of the spouses
  • The age of the spouses
  • The physical and emotional conditions of the spouses
  • The fault of the spouses during the marriage

      Child Custody and Visitation

      In South Dakota, the court may award sole or joint child custody based on the best interests of the child. The court may consider the preference of the child if the child is mature enough to form an intelligent preference. The court will not consider fault unless it is relevant to the fitness of a parent to have custody. The court does not prefer one parent over the other based on gender.

      Child Support

      In South Dakota, either or both parents may be ordered to provide child support. There is an official child support obligation schedule. A deviation from the schedule may be allowed based on the following factors:

      • The income of a subsequent spouse or contribution of a third party to the income or expenses of a parent but only if the application of the schedule works a financial hardship on either parent
      • Any financial condition of either parent that would make application of the schedule inequitable
      • Federal income tax consequences arising from claiming the child as a dependent
      • Any special needs of the child
      • Agreements between the parents that provide other forms of support for the direct benefit of the child
      • The obligation to provide for subsequent children
      • A voluntary reduction in the income of either parent

      Related Web Links:
      - South Dakota Domestic Relations
      - South Dakota Child Support Calculator
      - South Dakota Department of Social Services - Child Support
      - South Dakota State Profile
      - Family Law: Selecting a Good Lawyer
      - Divorce - General message board for more help
      • Employment Law to Intellectual Property: Every Legal Issue. One Legal Source. Lawyers.com

      collateral estoppel

      estoppel by judgment barring the relitigation of issues litigated by the same parties on a different cause of action

      Federal court upholds abortion foes' 1st Amendment rights; Ruling affirms activists' right to display photos of aborted fetuses near a middle school.

      The 1st Amendment rights of two anti-abortion activists were violated when they were ordered to stop circling a Rancho Palos Verdes middle school in a...

      Social Security offering a debit-card option

      Social Security recipients who receive paper checks because they do not use banks have a new way to get their money.

      body of missing vermont girl, 12, is discovered

      By Lisa Rathke The Associated Press BETHEL, Vt. The body of a missing 12-year-old Vermont girl was found Wednesday, hours after documents surfaced that...

      More Legal News


      Terms & Conditions   Privacy   Copyright © 2008 LexisNexis, a division of Reed Elsevier Inc. All rights reserved.