South Dakota allows married couples to either divorce, separate, or annul a marriage. A divorce ends a marriage, distributes marital property, and terminates each spouse’s marital rights. Unlike many states, South Dakota does not have residency requirements for divorce. However, you must reside within the state while your divorce is pending.
Technically, South Dakota does not allow legal separation (when a couple financially and legally separates, but cannot remarry). However, the state does allow “separate maintenance.” If the court approves your request for separate maintenance, you may receive alimony and child support, but cannot remarry and retain marital property rights.
What Paperwork Do You Need to File for Divorce?
To file for divorce, you must file a series of paperwork with your county’s Circuit Court. These documents include a:
- Case Filing Statement, and
- Financial Affidavit.
These forms are available at your county courthouse or online. Additional forms are required during the divorce process, including financial information and a parenting plan (if applicable).
Once you have filed your petition and other forms, you must serve them on your spouse. Your spouse can either sign an Admission of Service, or a sheriff or process server can deliver the paperwork.
While you do not have to notify your spouse before filing divorce, it may be in your best interest. You may be able to negotiate the terms of your divorce amicably—leading to an easier divorce process. However, if you are a victim of domestic violence, consider requesting a protective order before filing for divorce.
How is Property Divided During a Divorce?
It is always best to negotiate with your spouse before going to court. However, if you cannot agree on how to split up your assets, the court will divide your property equitably. Equitable distribution does not divide your assets 50/50. Instead, the court will determine what is fair based on a series of factors (including the value of your property and each spouse’s economic circumstances).
While marital property is evenly divided between spouses, you typically allowed to keep your separate property. This includes property you acquired:
- Before the marriage,
- Inheritances, and
- Property excluded by a nuptial agreement.
However, if you commingled separate property (allowing your spouse access and the benefits of the asset), it may be considered marital property.
If you have questions about property division, contact a divorce lawyer for assistance. An experienced lawyer may be able to negotiate a fair distribution of your marital property—avoiding the time and expense of litigation.
What Should You Do If There are Children Involved?
If you and your spouse have children, you must also address child custody and child support during your divorce. If you and your spouse cannot agree on child support and custody issues, the court will award custody and support based on a series of factors and guidelines—focusing on the best interests of the child.
It is important to form a fair and appropriate child support and custody plan before you divorce. It can be difficult to modify these orders later on—and changes will result in additional attorney fees and costs.
Do You Need to Pay Alimony?
South Dakota courts weigh a series of factors before awarding alimony or spousal support. These factors include each spouse’s income, financial needs, and the length of the marriage. Alimony can be awarded on a temporary or long-term basis. (And can even be required while a divorce is pending.) An experienced family law attorney can help you understand your rights and obligations concerning spousal support.
Where Can You Find the Right Divorce Lawyer?
Divorces can quickly become contentious and complicated. If your divorce will involve a significant property division, children, or alimony consider hiring a South Dakota divorce lawyer. A lawyer will advocate on your behalf and work to secure the best possible results.