South Dakota Divorce Law

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South Dakota Divorce Guidelines

South Dakota's Residency Requirements

Either spouse must continue to be a resident of South Dakota until the divorce is finalized.

South Dakota's Grounds for Divorce

South Dakota residents may file for divorce under fault or no-fault grounds.

South Dakota's no-fault grounds is:

  • irreconcilable differences, causing the irremediable breakdown of the marriage

South Dakota's fault grounds include:

  • adultery
  • cruel and inhuman treatment
  • habitual intemperance
  • willful desertion
 

South Dakota's Child Custody Guidelines

Divorcing parents are allowed to collaborate on a child custody arrangement. If the parents cannot reach a decision, a South Dakota court will make a ruling.

South Dakota courts consider factors such as:

  • the best interests of the child
  • wishes of the child
  • wishes of the parents
 

South Dakota's Child Support Guidelines

If the parents cannot agree on the amount of child support and the paying parent, child support will be decided by state-specific calculations and guidelines.

South Dakota courts consider factors such as:

  • each parent's financial resources and income
  • each parent's other financial obligations
  • the cost and necessity of childcare
 

South Dakota's Spousal Support Guidelines

Spousal support can be paid in one lump sum, in installments, or periodically. The spouses may determine the spousal support amount and payment schedule, or the courts may award spousal support.

South Dakota courts consider factors such as:

  • duration of the marriage
  • each spouse's education, earning capacity, employment history, and contribution to the home
  • whether one spouse contributed to the other's education, career, and earning capacity
 

South Dakota's Property Division Guidelines

South Dakota has adopted equitable distribution guidelines, which means all property (including gifts and inheritances) will be divided as fairly and equally as possible. Spouses may collaborate on the property distribution, but if they are unable to agree the courts will make a ruling.

South Dakota courts consider factors such as:

  • duration of the marriage
  • each spouse's earning capacity and value of assets
  • each spouse's contribution to the property, including acquisition and upkeep
 

South Dakota's Venue Guidelines

The divorce forms may be filed in the petitioner's county of residence, or in the respondent's county of residence.

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  • My Divorce Steps

  • 1. Create an account:

    Simply register online, pay the small fee, gather your papers and ready to get a divorce.

  • 2. Answer the Questions:

    Answer each of the questions we will ask you and the forms will be completed for you.

  • 3. File the Documents:

    Print our state approved completed forms, and file the divorce forms in the court.

"This is a very easy and helpful service. Well worth the expense."

Jonathon from Parker, SD
Apr 28, 2015
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"So far this has been an easy process..."

Brandon from Rapid City, SD
Sep 29, 2014
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"This was quick and easy thank you! My husband and I are friends and divided everything we owned years ago we just have to move on now. :)"

Andrea from Rapid City, SD
Oct 14, 2014
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We offer more than a divorce preparation service:

Instant Document Completion: All forms completed in real time and available for instant filing and delivery to the court house in your area.

Dedicated Case Manager:  Upon registration, you will have direct access via email and phone to your dedicated account manager who will help you through each and every step of the online process.

Free Name Change for Wives:  Our service offers the ability to change your name at no extra cost.

Free Last Will & Testament: As part of an effort to help you start over, you will receive everything you need to create a new Last Will & Testament.

Free Living Trust: Now that you are starting your life over, we think it is important to create a family trust to protect your assets.  We offer all you need to create a trust for your family.

FREE Help on "Life After Divorce:"  We have a library of guides and ebooks on starting your life over.  Everything from help to avoid unhealthy relationship to how to talk to you kids about divorce.

Unlimited Customer Support: Rest assured that there is always someone to talk to Monday-Friday between 7am and 4pm PST by calling 1-800-858-9891.

  • Why Choose iDivorceForms.com for your online divorce?

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