Divorce Laws in South Dakota
In South Dakota, if the court believes there is chance for reconciliation it may put the divorce proceedings on hold for up to thirty days. During that period the court may issue orders for spousal support, child custody, child support, and attorney’s fees. The court may also issue an order preventing the dissipation or transfer of property.
There is a 60-day waiting period for divorce in South Dakota.
Residency and jurisdiction in South Dakota
The spouse who files for divorce in South Dakota, must live, or be stationed by the military, in the State from the time that divorce is filed until the divorce decree is issued.
Divorce may be filed in the county where either spouse lives, but the defendant can have the proceedings transferred to his or her county.
Fault or no fault and grounds for divorce in South Dakota
South Dakota allows fault and no fault divorce. No fault divorce will be granted on the grounds of irreconcilable differences.
Acceptable grounds for fault divorce are as follows:
- Adultery
- Extreme cruelty
- Desertion
- Neglect
- Habitual alcohol or drug abuse
- Felony conviction
Division of property in South Dakota
South Dakota is an "equitable distribution" State meaning the property is not divided 50/50, but rather in a manner that the court deems fair to both parties. Marital fault is not a determining factor when dividing property. The court will consider the following:
- Length of marriage
- Contributions to the acquisition of property
- Value of separate property
- Age and health
- Current and future earning capacity
- Value and income potential of the property to be divided
Spousal support in South Dakota
Spousal support in South Dakota, may be temporary or permanent, and the court may modify the order at a later date. The court must consider many factors when determining spousal support including:
- Length of marriage
- Financial repercussions
- Financial resources
- Age and health
- Marital fault
Child custody and support in South Dakota
South Dakota may award sole or joint child custody. In determining custody the court will consider the following:
- Marital misconduct if it affects the child
- Wishes of the child depending on age and maturity
- Wishes of the parents
South Dakota uses the Income Shares Model for calculating child support.
If you are considering or facing divorce in South Dakota, contact an experienced South Dakota divorce attorney today.
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