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You are here: Library >> Divorce / Separation >> South Dakota Divorce Laws
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South Dakota Divorce Laws

Divorce Law Basics in the State of South Dakota

Also See: South Dakota Marriage Laws

Articles about 'Divorce / Separation'
Divorce Laws in All 50 States: Click Your State's Link to View the Divorce Statutes that Affect You
Divorce Glossary: Understanding Legal Terminology Related to Divorce
What is No Fault and At Fault Divorce?: Understanding the Difference
Defenses to Divorce: Affirmative Defenses to At-Fault Divorce Allegations
The Effects of Divorce on Children: How to Help Your Child Adjust to the Transition of Divorce
What is a Bifurcated Divorce?: Splitting Your Dissolution Case into Parts
FAQ: What Is An "Agreed" or "Uncontested" Divorce?: Frequently Asked Questions About Divorce
FAQ: How Do I File for Divorce if My Spouse is Missing?: Frequently Asked Questions About Divorce
Is A Do-It-Yourself Divorce Right For You?: How To Know If You Can Do Your Own Divorce
Lower Your Chances of Divorce: Tips to Keep Your Marriage Going Strong
The Basics of Property Distribution: What Happens to Your Stuff When You Divorce?
Collaborative Divorce: A New Approach to Conflict Resolution
Mediation: An Alternative to Divorce Litigation
Book Review: Divorce and Money: Everything You Need to Know About Splitting Up Your Assets

Statute: South Dakota State Divorce Code (Title 25, Chapter 4): legis.state.sd.us

No-Fault Grounds:

  • Irreconcilable differences

At-Fault Grounds:

  • Extreme cruelty -grievous bodily injury or grievous mental suffering
  • Willful desertion
  • Willful neglect
  • Habitual intemperance
  • Conviction of a felony

Residency:  Plaintiff must be a resident of the state at the time of filing and must remain a resident for the duration of the case. 60 day waiting period from time of filing until divorce is final.

Legal Separation Recognized? Yes. Alimony, property distribution and child support can be awarded.

Counseling Requirements: The court shall require the parties to attend mediation to resolve conflicts regarding custody and visitation

Property Distribution: South Dakota relies on "equitable distribution" so the court will distribute the marital property "in an equitable manner if the parties can't agree on their own. Separate property (property acquired prior to the marriage, as a gift or through inheritance)  is not included in property distribution. Fault is not considered unless it is relevant to the acquisition of the property in question.

Alimony: Alimony may be awarded to either party at the discretion of the court.
  Tags : south dakota, divorce, divorce laws, alimony, property distribution, legal separation, at fault / no fault divorce, marriage
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