As with any state, there are grounds for a divorce case that must be satisfied. For South Dakota, anyone filing for a divorce must meet the following reasons or grounds for obtaining a divorce:
To understand each ground in more detail, you can contact your local county government office for assistance or seek legal advice.
After the grounds have been met, next is the residency requirement for divorce. This means where you reside and for how long. South Dakota is one of those rare states that does not require any length of residency or waiting period before filing the action with the court. The court assumes that you are a resident in good faith. If minor children are involved, you cannot relocate without informing and advanced notification.
You can initiate the divorce action yourself or hire an attorney. There are several self-help options available on the local county court website. However, you can contact a legal expert if you need further assistance or have questions. There needs to be a complaint filed to initiate the case. This document requests the court to terminate the marriage and states the reasons for the divorce.
If other matters need to be resolved, such as child support, child custody, alimony, or property division, they must also be listed once the complaint is filed and properly served. The other party or spouse has 30 days to file an answer, and if they fail to do so promptly. Then, a default judgment will be entered against them.
The divorce can proceed in one of three ways. One of these mentioned earlier is a default judgment. This means that the other party failed to respond to the complaint; therefore, the judge entered a default judgment against them. They need to abide by all the terms stated in the final decision on the divorce.
Next is the stipulation; if the spouses agree on child support, child custody, and alimony, then they can create a written agreement referred to as a “stipulation,” which needs to be signed by both parties. The stipulation is presented to the court for the judge’s approval, and once authorized, and you must adhere to it. Other options are available if you do not have to appear in person or want to consent to the terms mutually. You can search your local state-county website to find more resources on how to do this.
Lastly is the contest, when there is a dispute on the terms outlined in the complaint. Once the other spouse files a formal answer, the judge decides how to proceed. The judge will consider the different matters related to divorce based on evidence. The court will hear the testimonies from both parties and examine their witnesses to finalize the divorce.
The state bar of South Dakota states the common items that may be included in the final divorce decree. There are several components included in a final divorce decree. After it is finalized, you and your spouse are free to remarry and legally terminate the marriage.
No doubt, if children are involved, there will be an examination of the child’s best interest standard to rule on their matters. For instance, in child custody, the judge will determine some factors to rule on which parent will obtain physical and legal custody. Generally, the court considers which parent is the primary caregiver and is most fit to care for the child.
Additionally, the child custody order will determine the legal custody of the child, which provides for the right to make decisions that significantly impact the child’s life, including areas of education, medical care, and religion. In some cases, the court may mandate that you attend a class to be aware of the effects of your divorce on your children.
Another term included in the divorce decree would be child support. In South Dakota, children are entitled to receive support from both parents. It is important to note that this is a legally binding financial obligation upon the parents and cannot be waived. The amount of child support is drawn from the local statute by both parents’ income and can be modified in the future. Usually, the non-custodial parent pays the child support, meaning the one that the children do not reside with or visit occasionally.
Furthermore, the Department of Social Services has procedures for increasing and decreasing child support by holding a hearing. Judges evaluate certain factors before granting the Motion to Modify the Child Support Order. The state must be notified of any changes that could impact the payments. There are strict rules in place for enforcing these payments because, essentially, this is considered the livelihood of the children for necessities.
The Department of Social Services, Office of Child Support can guide you in calculating the amount of abatement available. Remember that a court will not grant an abatement in situations where the reduction of support would hurt the child’s current standard of living. Therefore, check your status with an attorney if you have any questions.
Another term included in most divorces is alimony or spousal support. It is essentially a payment of a sum of money directly to the spouse for their support until a change of circumstance. The financial support can be used to assist them in obtaining employment or completing necessary educational training. The court considers several factors in determining whether or not to grant alimony. The following factors for alimony purposes may include:
Lastly is marital property and how it would be divided. The court will examine when the property was acquired and how it was. It will determine whose name is on the title and who will possess it. The court evaluates the property based on the local state regulations governing property division in divorce. Therefore, you can search your local state county website for resources. However, you can contact a lawyer in your area if you need further assistance.
Here are some examples of marital assets that may be divided:
Remember that depending on how your state rules, marital property may differ from what you envisioned. The court does not consider fault when dividing property. If you have questions, you should contact a family law attorney who can provide you with advice and guidance on the matters.
If you reside in South Dakota and need assistance filing for a divorce, do not hesitate to contact a local South Dakota divorce attorney near you. Divorce involves complex issues, and you will need further assistance to handle them. Finalizing divorce is an unfamiliar process; therefore, seeking legal counsel can be useful.
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