Divorce Laws in South Dakota

Everything You Need to Know About South Dakota Divorce Laws

Did you know that South Dakota has one of the lowest divorce rates in the country? That’s right, with only 3.1% per 1,000 of the total population seeking a divorce, South Dakotans seem to have the secret to successful marriages. But, if you do find yourself facing a separation, it’s important to know your options under South Dakota divorce laws.

Firstly, let’s talk about the two ways to file for divorce in South Dakota: no-fault and fault-based. The majority of divorces in South Dakota are filed on a no-fault basis. This means that both spouses agree that the marriage has irreconcilable differences that cannot be resolved. However, if you do choose to file on fault-based grounds, the plaintiff must prove the grounds for that.

• No-Fault Divorce Grounds in South Dakota

There is only one no-fault divorce ground in South Dakota, and that is irreconcilable differences. If you and your spouse feel like there’s no way to save your marriage, this is the option for you.

• Fault Divorce Grounds in South Dakota

If you do decide to file for divorce on fault-based grounds, here are the options available to you:

• Adultery: If your spouse has been unfaithful and you cannot forgive them, this is a valid reason for divorce.
• Extreme Cruelty: If your spouse has been physically or verbally abusive, you have the right to file for divorce.
• Willful Desertion: If your spouse has abandoned you without good reason, this can justify a divorce.
• Conviction of Felony: If your spouse has been convicted of a serious crime, such as murder or robbery, you can ask for a divorce.
• Willful Neglect: If your spouse has neglected their duties and responsibilities in the marriage, you can file for divorce.
• Habitual Intemperance: If your spouse has a habit of excessive drinking or drug abuse, which is affecting your marriage, this is a valid reason for divorce.

It’s important to note that annulment is also an option in South Dakota, but it is usually only granted within a short span of marriage and does not involve any award distribution. Due to these reasons, it’s not a popular choice among people.

We understand that navigating divorce laws can be challenging, which is why we’re here to help. Contact a professional divorce attorney or divorce lawyer for more information on South Dakota divorce laws and to guide you through all the difficult stages of divorce or annulment.

South Dakota Divorce Laws:

Divorces are never easy, but understanding the laws and procedures in South Dakota can make the process a little smoother. Here are the key things you need to know:

Residency Requirements

Before you file for divorce in South Dakota, one spouse must be a resident of the state at the time of filing. If you or your spouse is in the military, you can still file for divorce in South Dakota as long as you meet the residency requirement. You can file in the county where either you or your spouse live, but the defendant has the right to move the case to their county. After filing, there is a mandatory 60-day waiting period before the divorce can be granted.

Required Divorce Documents

When filing for divorce in South Dakota, you will need to submit several documents, including:

• Complaint for Divorce
• Decree of Divorce
• Verification
• Marital Settlement Agreement
• Affidavit of Proof for Stipulated Judgment
• Financial Affidavit
• Notice of Final Hearing

These documents will help the court determine the terms of your divorce, including how property and assets will be divided.

Distribution of Property

South Dakota follows an “equitable distribution” model, meaning that property will be divided fairly but not necessarily equally. The court will consider factors like each spouse’s income, earning potential, and contribution to the marriage when making property and asset distribution decisions.

Changing Your Name

After a divorce in South Dakota, a wife can choose to restore her maiden name or the name she used before marriage.

Mediation Counseling

Before finalizing a divorce, South Dakota requires both parties to undergo mediation counseling gives you and your spouse an opportunity to try and work out any issues before going to court.

Alimony

South Dakota courts may award spousal support on a permanent or temporary basis, depending on the specific case. The court will consider factors like the length of the marriage, each spouse’s financial resources, and their ability to earn income when making a decision about spousal support.

Child Custody

When it comes to child custody in South Dakota, the court’s top priority is the child’s best interests. The court may award sole or joint custody, depending on what is best for the child. The court will consider factors like each parent’s relationship with the child, their ability to provide for the child’s needs, and any history of abuse or neglect when making custody decisions.

Child Support

Child support in South Dakota is calculated using the Income Shares Model. This takes into account both parents’ incomes, as well as how much time the child spends with each parent.

Divorce can be a difficult and emotional experience, but understanding the laws and procedures in South Dakota can help you navigate the process. If you need more information or guidance, consider reaching out to a professional divorce attorney or lawyer.

South Dakota Annulment Laws:

While divorce is the dissolution of a legal marriage, annulment is the ending of an already illegal marriage. In South Dakota, annulments are rare, as people tend to opt for divorce due to its hassle-free process. However, annulment is a viable option for those who qualify under the South Dakota annulment laws.

• Bigamy and Polygamy: South Dakota marriage laws require individuals to be single at the time of marriage. If your spouse has more than one spouse, your claim for annulment will be valid under South Dakota annulment laws.
• Consanguinity: Marriages between blood relatives, such as father-daughter or uncle-niece, fall under consanguinity. South Dakota annulment laws state that marriages among blood relatives are not valid and can be annulled.
• Fraudulent Contract: If your spouse has tricked you into marriage or misrepresented themselves to obtain your consent, you can file for annulment under South Dakota annulment laws.
• Mental Illness: South Dakota annulment laws allow for annulment if your spouse is suffering from a mental illness, partial or complete.

While annulment may not be as common as divorce, it is an option for those who qualify under the South Dakota annulment laws. Whether it’s bigamy, consanguinity, fraudulent contracts, or mental illness, South Dakota has provisions in place to protect individuals from being trapped in illegal or harmful marriages.

South Dakota Divorce Laws – FAQs

Going through a divorce can be a challenging and emotionally draining experience, but understanding South Dakota divorce laws can make the process easier. Here are some frequently asked questions to help you navigate the legal aspects of divorce in South Dakota.

• • How long do I have to wait to get divorced in South Dakota?

In South Dakota, you have to wait at least 60 days after filing the divorce petition in court. However, complex cases may take longer to resolve issues between spouses.

• • What is equitable distribution?

According to South Dakota divorce laws, equitable distribution means that property is distributed equally or in exact proportion between the spouses at the time of divorce.

• • How does the South Dakota divorce court decide child custody issues?

South Dakota divorce laws state that the court must prioritize the best interests of the child. The court considers the ability of the child to exercise their choice while making custody decisions. If the child is not mature enough, the court awards custody either solely or jointly to the parents.

• • What is the difference between sole and joint custody?

In sole custody, one spouse has custody of the child, while the other is given visitation rights. In joint custody, both parents share custody of the child and make decisions together.

• • What are the laws for child support in South Dakota?

South Dakota divorce laws grant child support to either one or both spouses. Unlike some states, South Dakota does not have a fixed rate for child support. The court considers the financial resources of both spouses before deciding on the amount.

• • Am I eligible for spousal support?

Spousal support or alimony is the amount of money paid by one spouse to another to financially assist them. The amount of alimony depends on the gross monthly income of the spouses.

• • What is mediation?

Mediation is a negotiation process to resolve issues between spouses with the help of a mediator. The arbitrator is a third party with the right to order a settlement.

• • Can I represent myself in the divorce court?

Yes, you can represent yourself in court. However, if you are not familiar with the court procedures, it is advisable to appoint a divorce lawyer.

• • Can my spouse and I appoint the same divorce lawyer?

According to South Dakota divorce laws, no divorce lawyer can represent both spouses in court at the same time.

• • Is South Dakota a no-fault state?

Yes, South Dakota is a no-fault state where a divorce can be granted without proving fault or wrongdoing by either spouse.

By understanding South Dakota divorce laws, you can make the divorce process smoother and less stressful. Remember to consult with a trusted divorce lawyer for any legal advice and guidance.