South Dakota Divorce
The following information is a resource on South Dakota divorce. You can find divorce lawyers and professionals, separation and divorce forms, child support calculators, and relevant divorce laws. In addition to the resources listed below, you can find more help and information in our divorce article section.
ProfessionalsDivorce LawyersPrivate Investigators Background Checks Divorce SupportSupport GroupsDomestic ViolenceShelters and Hotlines |
Divorce PapersOnline DivorceDivorce and Separation Forms Divorce Form Preparation Family Law ResourcesDivorce LawsChild Support Guidelines South Dakota Child Support Calculator Child Support Enforcement |
* Listings in the Resource and Professional Directory does not imply an endorsement by this website. WomansDivorce.com makes no warranty and assumes no legal liability for any service or provider listed below. If you provide a divorce related service and are interested in being listed in this directory, click here.
DIVORCE LAWYERS AND FIRMS
Need a Divorce Lawyer?
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pre-screened attorneys before deciding whom to contact.
DIVORCE FORM PREPARATION
Have All of Your Documents Completed For You! This easy to use, accurate, and up-to-date on-line divorce service is a perfect "do it yourself (without a lawyer)" solution for any uncontested divorce (with or without children) that will be filed in the state of South Dakota. You can get "Real Person" customer support by phone & e-mail, plus access to 40 downloadable books (valued at over $750). Start your divorce today.
PRIVATE INVESTIGATORS
There are currently no private investigators for this state
BACKGROUND CHECKS
Conduct Background Checks and Investigations - Obtain vital statistics, marriage and divorce records, credit record checks, criminal and court records, sex offender searches, driving and vehicle records, property records, general public records, business registration and property resources. Find out the truth about anyone!
DIVORCE SUPPORT GROUPS
Divorce Care can help you locate a divorce support group in your area. There are thousands of DivorceCare support groups throughout the USA and Canada, and many groups meeting internationally as well.
Partners in Prevention provides consulting and psychological services to
domestic abuse survivors before, during and post divorce. Additionally, we serve
as consulting experts in both civil and criminal domestic violence cases. We
also offer continuing medical and nursing education in domestic abuse assessment
and clinical management to healthcare professionals. You can contact us at:
13918 E. Mississippi Ave
Aurora, CO 80012
Phone: 720-222-1058
DOMESTIC VIOLENCE RESOURCES
Domestic Violence Support ServicesShelters and Hotlines
Coalition Against Domestic Violence and Sexual Assault
SOUTH DAKOTA DIVORCE LAWS
General Divorce InformationComplete Online Divorce Laws
RESIDENCY REQUIREMENTS AND WHERE TO FILE: The person filing for a divorce must be a resident of the state and remain a resident until a divorce decree is entered. An action for divorce may be filed in either the county where the plaintiff or the defendant lives, and there is at least a 60 day waiting period from the time the divorce petition is served and the court hearing or determination of the divorce. [Based on South Dakota Domestic Relations Laws - Title 25 - Chapters: 25-4-30, 25-4-30.1, 25-4-34]
LEGAL GROUNDS FOR DIVORCE: The
court may order a divorce based on the following grounds: (1)
Adultery; (2) Extreme cruelty; (3) Willful desertion; (4) Willful
neglect; (5) Alcohol abuse; (6) Conviction of felony; (7)
Irreconcilable differences. [Based on South Dakota Domestic
Relations Laws - Title 25 - Chapters: 25-4-2]
LEGAL SEPARATION: A husband and wife may separate and agree in
writing provisions for child support, spousal support, and
property division. A separation may be granted upon the same
grounds as required for a dissolution.
[Based on South Dakota Domestic Relations Laws - Title 25 -
Chapter: 25-2-13, 25-4-40]
MEDIATION OR COUNSELING REQUIREMENTS: In any custody or visitation dispute, the court may order mediation to assist the parties in formulating or modifying a plan for custody or visitation. The court may also request that an investigation be conducted to help the court in making a custody or visitation determination. The cost of the mediation and/or the investigation shall be allocated between the parties. [Based on SD Domestic Relations Laws - Title 25 - Chapter: 25-4-56]
PROPERTY DISTRIBUTION: South Dakota is an equitable distribution state. Marital assets will be distributed in an equitable fashion, regardless of who holds the title. Fault is not a factor unless it is relevant to the acquisition of the property during the marriage. [Based on South Dakota Domestic Relations Laws - Title 25 - Chapters: 25-4-44 and 25-4-45.1]
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ALIMONY/MAINTENANCE/SPOUSAL SUPPORT: Either spouse may be ordered
to pay alimony to the other party for a period of time as the court deems
just. [Based on South Dakota Domestic Relations Laws - Title 25 - Chapter: 25-4-41]
SPOUSE'S NAME: The trial court may, in its discretion or upon the terms of the decree, restore a woman's maiden name or the name she legally bore prior to her marriage to the husband in the divorce suit. [Based on SD Domestic Relations Laws - Title 25 - Chapter: 25-4-47]
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CHILD CUSTODY: The determination of child custody is based on the
best interests of the child in respect to the child's temporal and
mental and moral welfare. If the child is of a sufficient age to
form an intelligent preference, the court may consider that
preference in determining custody. There is no preference towards
either gender in determining custody, and fault is not considered
relevant unless it relates to the fitness as a parent, such as
domestic abuse or assault, or a conviction, excluding vehicular
homicide, of a parent for the death of the other parent; [Based on
South Dakota Domestic Relations Laws - Title 25 - Chapters: 25-4-45,
25-4-45.1, 25-4-45.5, 25-4-45.6]
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CHILD SUPPORT: Child support is based on the "Income
Shares" model, meaning that the combined monthly net incomes
of both parents shall be used in determining the obligation and
divided proportionately between the parents based upon their
respective net incomes. The non-custodial parents share
determines the level of child support to be awarded, based on the
number of children from the marriage. Other provisions may
be found in the Support Obligations section of the Domestic
Relations Statutes. [Based on South Dakota Domestic
Relations Laws - Title 25 - Chapter: 25-7-6.2]
PREMARITAL AGREEMENT: Premarital agreements shall be in writing and signed by both parties. Premarital agreements may include provisions that define the respective property rights of the parties during the marriage, or upon the death of either or both of the parties. The agreement may provide for the disposition of marital property upon a divorce or separation of the parties, but may not adversely affect the right of child support. [Based on SD Domestic Relations Laws - Title 25 - Chapter: 25-2-17 and 25-2-18] » Return to top
