Divorce Guide

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South Dakota Divorce Rights


A person seeking divorce in the state of South Dakota has to be a resident of the state at the time of filing the petition for the dissolution of the marriage. South Dakota divorce rights do not mention any time period for which the person filing the divorce case should be a resident of the state. The only requirement is that the plaintiff should be residing in the state when he/she files the petition in the court. An important provision of South Dakota divorce rights is that the plaintiff has to wait for atleast a period of 60 days after filing the case for divorce. In the meanwhile the defendant has the right to get the case transferred to his/her desired county.

South Dakota grounds for divorce

There are a number of grounds enumerated in South Dakota divorce rights which could be utilized by a plaintiff so as to seek divorce. These grounds have been divided into two categories by South Dakota divorce rights. The two categories are fault and no-fault grounds. Any irreconcilable difference between the spouses which could not be corrected is considered to be a no fault ground for the dissolution of the marriage.

Adultery, willful desertion, extreme physical cruelty, habitual intemperance, habitual drunkenness, willful neglect of family responsibilities and conviction of felony are considered to be some of the fault grounds of seeking divorce by south Dakota divorce rights.

South Dakota divorce rights define a plaintiff as a spouse who files the petition for the divorce. A defendant on the other hand is defined as a non filing spouse who infact responds to the notice of the court. The court in which the plaintiff can file the case is the county court or the circuit court of the district. Complaint for the divorce and a decree of divorce are some of the primary documents required at the time of filing the case. Verification paper, financial affidavit, marital settlement agreements are some of the other important documents required by the plaintiff.

South Dakota Property Distribution in Divorce

South Dakota is a state which follows the principle of equitable distribution of resources. Hence according to South Carolina divorce rights, the court distributes all the resources acquired by the couple during the marriage in an equitable and fair manner. It is to be noted that the faults of the parties concerned is not taken into account while deciding on the issue of distribution of property.

South Dakota spousal support

After the conclusion of the property distribution issue, spousal support is also considered by the courts based on the merit of the case. South Dakota divorce rights make sure that any party which is not financially sound should get the appropriate maintenance amount from the other party.

South Dakota child support

The custody of the child and child support takes precedence in these cases because educational support and welfare of the child is given priority by South Dakota divorce rights. If the party getting divorced is unable to support himself/herself, it would be extremely difficult for that spouse to gain the custody of the child. Wishes of the child, wishes of the parents, length of the marriage, marital misconduct are some of the factors which are considered by the court in order to assure the safety and welfare of the child.


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