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South Dakota
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South Dakota Code
Disclaimer: What you read and see on this
site is NOT legal advice. It is for educational purposes only. This
information is commonly had in other resources, but we have assembled
it here for you to see all in one place. So come back and view it
as often as you like.
South Dakota Residency Requirement
According to the South Dakota Divorce Laws and South Dakota Divorce
Guidelines, to get divorced in South Dakota, the spouse filing for
divorce must be a resident of the state throughout the duration
of the divorce process
Time To Divorce
There is a waiting period of 60 days after filing
the Divorce Forms and South Dakota Divorce Papers before a divorce
will be granted
Place of Divorce (Venue)
The case may be filed in:
The county where either spouse resides
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. Generally, in
these types of cases, an appearance in court is not required.
South Dakota Grounds for Divorce
Grounds for a No-Fault divorce:
(1) Irreconcilable differences
Grounds for a Fault based divorce:
(1) adultery
(2) conviction of a felony
(3) willful desertion
(4) cruel and inhuman treatment
(5) willful neglect
(6) habitual intemperance
NOTE: Regardless of
the reason of the breakdown of the marriage or the reason for filing
for divorce in South Dakota, the Divorce
Do It Yourself Service will do divorces on an "Agreed" basis or
a “Default” basis.
- An Agreed Divorce
, defined by South Dakota divorce guidelines and South Dakota
divorce laws, is a scenario where the spouses agree on the terms
of the divorce such as South Dakota property distribution, South
Dakota child support, or South Dakota child custody. Most of our
clients (75%) prefer the Agreed Divorce method and both spouses
sign the divorce papers and are agreed to the terms of divorce.
- A Default Divorce
, according to the South Dakota
divorce guidelines and South Dakota divorce
laws, is a divorce where the other spouse doesn’t sign the South
Dakota Divorce forms or South Dakota divorce papers, he/she doesn’t
do anything at all with the divorce. They simply default on the
case and the spouse who files for divorce gets whatever was asked
for in the original paperwork.
Process to file for Divorce in
South Dakota
There are only three basic procedural steps to a divorce:
- File South Dakota Divorce Papers (South
Dakota Divorce Forms)
- Notify Spouse of your filing for divorce
in South Dakota
- Attend your South Dakota divorce hearing
South Dakota Child Custody
Simple Definitions: (source: South Dakota divorce guidelines and
South Dakota divorce laws)
- Visitation is
the plan the spouses have on where the children will live
and when the children will see the other spouse
- Legal Custody
is the decision ability of the parents in the lives of the children.
Such as, where the children will attend school and which church
they will go to.
- Physical Custody
pertains to the place where the children will live and which parent
they live with.
South Dakota Child Custody in a shared arrangement,
in one form or another, is the preferred method of our South Dakota
divorce customers. If a sole custody arrangement is to be considered,
then there is usually a reason agreed upon
by both parties that one parent is to have the children. Usually
the financial status of a parent is not to be considered for allocating
any parental rights and responsibilities. Shared Custody or Sole
Child Custody may be awarded according to the best interests of
the child.
South Dakota Child Support
If the parents are unable to agree to an amount of child support,
there are guidelines that determine the amount of support based
on the South Dakota Child Support Guidelines. The guideline amount
is presumed to arrive at an amount of support that is in the child's
best interest. But, most divorcing spouses agree to a figure on
their own, that will work just fine. Also, in most situations, -0-
Child Support is OK if both spouses are working and can manage.
Property Distribution
In an Uncontested "Agreed Divorce" or "Default Divorce" the property
is divided so that both parties agree to the division. The main
concern here is to agree to the property division so that it doesn’t
create a fight that one party will want to go to a South Dakota
divorce lawyer or divorce attorney to make the case into a Contested
Divorce. Then you will have to incur the fees of a lawyer too.
- Debts Most divorcing
spouses set out who will pay what debts as part of their marital
settlement agreement during the divorce process, and close all
of their joint accounts.
- Alimony (Spousal Support)
In an Uncontested Divorce, Alimony may be awarded to either spouse
for their support and maintenance after the divorce. Both parties
must agree to it. Since most spouses are working, alimony (if
awarded at all), is usually for a shorter period of time, and
smaller amount than in the past. Alimony may be paid in a lump
sum payment of money or a payment plan. Alimony is not required
for a person to get divorced in South Dakota.
Missing Spouse
If you do not know where your spouse is and cannot locate him/her,
after diligent effort, you may still get a divorce in South Dakota.
It may involve the extra expense of running a newspaper ad or something
similar. We help you through the process.
Wife’s Last Name
The Wife may receive her Maiden Name back in the Divorce if she
wishes. We include this name change in our service for FREE. Divorce
in South Dakota often includes a name change.
Court Filing Fees
The Court filing fees are not included in the price of
our service. To file for divorce in South Dakota, fees must
usually be paid when you file the South Dakota divorce forms and
South Dakota divorce papers at your county courthouse. These
fees vary between County to County, so it is best to call them and
ask what the fees are in your County. Regardless of whether
you are going through a divorce service, using a South Dakota divorce
kit, using a divorce attorney (or divorce lawyer), or doing a nearly
free divorce in South Dakota, you will almost always be the one
to cover the court fees which is standard procedure.
|
 Divorce
- Easy as 1-2-3 |
| 1 |
After
you order, send in your information via the Divorce
Questionnaire. |
| 2 |
We
complete your divorce forms in 2-3 business days and
email them back for your review. |
| 3 |
Sign
and file the final divorce papers at your local County
Courthouse. Get a date for your hearing and attend it.
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box. The FREE Divorce Booklet is NOT Legal Advice. It is
intended to give you a general understanding of how the divorce
process works. Also, to help you in choosing the method of
how you want to do your divorce forms and papers.
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Booklet>>
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