Divorce Laws in South Dakota

According to South Dakota divorce laws you can request either a fault or no fault divorce. The entry of no fault divorce requires only the statement of irreconcilable differences that have caused the irretrievable breakdown of the marriage. Fault based grounds can include, but are not limited to, adultery, willful desertion and cruel and inhumane treatment. Additionally, the spouse filing for divorce in SD must have resided in South Dakota at the time of filing and remain a resident until the divorce is finalized.

Alimony & Equitable Distribution in South Dakota

South Dakota is known as an equitable distribution state. According to the divorce laws in South Dakota this means that all property, whether marital or separate, must be divided fairly or equitably, but not necessarily equally, regardless of title held.

Alimony can be granted to either the husband or wife, on a permanent or limited basis. Such relevant economic factors as the length of the marriage and the parties’ prior living standard are considered in determining the amount that should be paid to the requesting spouse.

South Dakota Child Support, Child Custody and Child Visitation

The main focus in determining child custody, according to South Dakota divorce law, is the best interest of the children. However, under SD divorce laws, joint custody may be considered the best custody. Visitation rights are typically awarded to the non custodial parent.

Child support (a percentage of the non-custodial parents’ income paid to assist with the support of his children) is determined by the Income Shares model based on the net income as set forth by divorce law in South Dakota. Expect to pay child support until the age of 18 or 19, or until the child is a high school graduate.