South Dakota Divorce Laws

South Dakota Divorce Laws
South Dakota divorce resemble those around most of the country for the most part, but there are several important differences that you should be aware of before attempting to file for divorce in this state. This article will cover the essential details of South Dakota divorce laws, such as the grounds for filing a divorce, the terms of property distribution, child custody and the issues of alimony and child support payments.

Before get into the details, it’s important to be aware that South Dakota, like most other states, has residency requirements that must be met before you can go through with divorce proceedings. This is one of the aspects in which South Dakota differs from other states. There is no minimum time period for which you must be resident in the state before filing for the divorce – you must simply be a resident at the time of filing. However, there is a minimum 60 day period between filing and the granting of a divorce, for which time you must remain a resident in South Dakota. You can file the proceedings in your county, but if your spouse lives in a different county they can legally have the case moved to their county – or you can do the same, if you are the defendant.

Grounds for Divorce
Like most states, South Dakota includes a No Fault grounds for divorce based on irreconcilable differences. This is a situation wherein both parties can no longer carry on the marriage and agree to a divorce on mutual grounds.

In the event that one spouse wants a divorce and the other doesn’t, divorce proceedings can be filed on the basis of one of six grounds. The first of these is adultery.

Note that according to the definition of adultery in South Dakota, it must be an act of sexual intercourse outside the marriage with a person of the opposite sex. So according to this definition, a same-sex affair would not be included as adultery.

Other grounds for divorce in South Dakota are extreme cruelty, wilful desertion or abandonment, and wilful neglect. Extreme cruelty can consist of either extreme physical abuse or mental abuse, or both – it is not limited to the infliction of physical suffering. Wilful desertion is the circumstance in which one spouse leaves the other without the intention of returning. Wilful neglect, on the other hand, is where the two spouses continue to live together but one consistently and deliberately fails in their essential duties as a spouse.

There are two more grounds for divorce in South Dakota. One of these is the conviction of one spouse of a felony. This is a law shared by North Dakota, although in most parts of the country a certain term of incarceration is required, so this is another point in which South Dakota divorce laws differ from many other states.

The last grounds for divorce is defined as habitual intemperance. In other states, there is a similar provision in the divorce law which is usually termed as something like excessive alcohol consumption. What is implied by the term habitual intemperance is that the spouse’s drinking is such a problem that it causes them to be unable to function in their duties as a marital partner on a regular basis.

Child Custody and Visitation
The role of the courts when it comes to children is to minimize the emotional hardship they experience as a result of the divorce. Ideally, the courts prefer for spouses to figure out custody and visitation arrangements if possible. If this is not possible, the courts will decide on these matters using the best interests of the children as the guiding principle. The best interests of the children include matters like maintaining loving relationships with both parents (unless the court decides one or both is unfit to be a parent), and carrying on the child’s education.

Property Division
Under South Dakota divorce laws, property will be divided on the principle on equitable distribution following a divorce. This means fair distribution between each spouse based on their economic circumstances. The law in South Dakota stipulates that the fault upon which the divorce is based will have no effect on how property is distributed, unless the fault somehow relates to the way the property was acquired. What that means is that you won’t be “punished” by the court with a loss of property is, for instance, you are at fault in the divorce because you committed adultery.

Child Support and Alimony
After the matter of child custody is decided, one spouse may be required to make child support payments to the spouse who has custody. This is determined by a calculation based on the incomes of each spouses.

Also, is some cases but not all, one spouse may be ordered to make support payments to the other (alimony) depending on the financial circumstances of each before and after the divorce. This can be for a certain period of time, or until one spouse passes away.

SBI!