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