South Dakota Divorce

Once your order has been received it will be forwarded to the South Dakota paralegal who will be assigned to your case for the duration of the process. Your assigned paralegal will answer any questions that you have and process your documents.

Our South Dakota Paralegals are specifically trained in South Dakota divorce procedures and will assist you in getting the fastest, easiest, and most affordable divorce available.

We include all forms needed for an South Dakota divorce.

RESIDENCY REQUIREMENTS AND WHERE TO FILE: The spouse filing for divorce must be a resident of South Dakota or a member of the Armed Forces stationed in South Dakota at the time of the filing and must remain a resident until the divorce is final. There is no durational residency requirement. The divorce may be filed for in the county where either spouse resides, but the defendant has the right to have it transferred to his or her county of residence if desired. In addition, there is a 60-day waiting period after filing before a hearing will be held or the divorce will be granted. [South Dakota Codified Laws; Volume 9A, Title 25, Chapters 25-4-30, 25-4-30.1, and 25-4-34].

LEGAL GROUNDS FOR DIVORCE: No-Fault: Irreconcilable differences which have caused the irretrievable breakdown of the marriage. [South Dakota Codified Laws; Title 25, Chapters 25-4-2, 25-4-17.2, and 25-4-18]. General: (1) adultery; (2) confinement for incurable insanity for 5 years; (3) conviction of a felony; (4) willful desertion; (5) cruel and inhuman treatment; (6) willful neglect; (7) habitual intemperance (drunkenness); and (8) separation caused by misconduct. [South Dakota Codified Laws; Title 25, Chapters 25-4-2 and 25-4-18].

LEGAL SEPARATION: The grounds for legal separation (separate maintenance) in South Dakota are: (1) adultery; (2) confinement for incurable insanity for 5 years; (3) conviction of a felony; (4) willful desertion; (5) cruel and inhuman treatment; (6) willful neglect; (7) habitual intemperance (drunkenness); and (8) irreconcilable differences which have caused the irretrievable breakdown of the marriage. The spouse filing for legal separation must be a resident of South Dakota or a member of the Armed Forces stationed in South Dakota at the time of the filing and must remain a resident until the legal separation is final. [South Dakota Codified Laws; Title 25, Chapters 25-4-17.2 and 25-4-40].

SIMPLIFIED OR SPECIAL DIVORCE PROCEDURES: If both spouses consent to the use of "irreconcilable differences" as the grounds for divorce, the court may grant the divorce based entirely on affidavits of the spouses which establish the required residency and grounds for the divorce. In such cases, a personal appearance in court by either of the spouses will not generally be required. [South Dakota Codified Laws; Title 25, Chapters 25-4-17.3].

MEDIATION OR COUNSELING REQUIREMENTS: If the court determines that there is a reasonable possibility for reconciliation between the spouses, the divorce proceedings can be delayed for up to 30 days while the spouses seek counseling. [South Dakota Codified Laws; Title 25, Chapters 25-4-17.2]. PROPERTY DISTRIBUTION: South Dakota is an "equitable distribution" state. All of the spouse's property is equitably divided by the court. Marital fault is not to be considered unless it is relevant to the acquisition of property during the marriage. The only factor specified in the statute is a consideration of the circumstances of the spouses. South Dakota courts have interpreted this to include the following factors for consideration: (1) the contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker; (2) the value of each spouse's property; (3) the length of the marriage; (4) the age and health of the spouses; (5) the present and potential earning capability of each spouse; (6) the value of the property; and (7) the income-producing capacity of the spouse's assets. [South Dakota Codified Laws; Title 25, Chapters 25-4-44 and 25-4-45.1; and South Dakota Case Law].

ALIMONY/MAINTENANCE/SPOUSAL SUPPORT: Either spouse may be awarded maintenance for life or a shorter period. The only factor specified in the statute is a consideration of the circumstances of the spouses. South Dakota courts have interpreted this to include the following factors for consideration: (1) the duration of the marriage; (2) the ability of the spouse from whom support is sought to meet his or her needs while meeting those of the spouse seeking support; (3) the financial resources of the spouse seeking maintenance, including marital property apportioned to such spouse and such spouse's ability to meet his or her needs independently; (4) the comparative financial resources of the spouses, including their comparative earning abilities in the labor market; (5) the age of the spouses; (6) the physical and emotional conditions of the spouses; (7) the fault of the spouses during the marriage. Reasonable security may be required to guarantee the payment of maintenance. [South Dakota Codified Laws; Title 25, Chapters 25-4-42, 25-4-44, 25-4-45.1, 25-7A-20; and South Dakota Case Law].

CHILD CUSTODY: Sole or joint child custody is to be awarded based on the discretion of the court and the best interests of the child. Fault is not to be considered unless it is relevant to the fitness of a parent to have custody. Neither parent is considered the preferred parent based on the parent's sex. The preference of the child may be considered. In joint custody decisions, the court may consider the expressed desires of the parents and the best interests of the child. No other specific factors are specified. [South Dakota Codified Laws; Title 25, Chapters 25-3-11, 25-4-25, 25-4-45, 25-4-45.1, and 25-5-7.1-7.3; and South Dakota Case Law].

CHILD SUPPORT: Either or both parents may be ordered to provide child support. There is an official child support obligation schedule set forth in the statute. Deviation from the official schedule may be based on a consideration of the following factors: (1) the financial condition of either parent that would make application of the schedule inequitable; (2) income tax consequences; (3) any special needs of the child; (4) income from other persons; (5) the effect of custody and visitation provisions; (6) agreements between the parents which provide other forms of support for the direct benefit of the child; (7) a voluntary reduction in the income of either parent; (8) any other support obligations of a parent. The support payments may be ordered to be paid through the court clerk. Wage withholding orders may also be ordered. [South Dakota Codified Laws; Title 25, Chapters 25-3-11, 25-4-38, and 25-7-6.2 to 25-7-6.12]

PREMARITAL AGREEMENT: The agreement must be in writing and signed by both parties and is enforceable without consideration. The agreement will not be enforced if it is proven that (1) the agreement was not executed voluntarily; (2) the agreement was unconscionable when executed and before execution, the party was not provided a fair and reasonable disclosure of the property or financial obligations of the other party, did not voluntarily waive the right to the disclosure of this information, and did not have knowledge of these obligations. If the marriage is determined to be void, the agreement is enforceable only to the extent necessary to avoid an inequitable result. [South Dakota Codified Laws; Title 25, Chapters 25-2-17, 25-2-21, and 25-2-22].

Order Your South Dakota Divorce Package Now $99.94

Home

e-mail us