South Dakota has following divorce laws:
Residency
According to the South Dakota divorce laws the spouse filing for the divorce should be a resident of the state at the time the petition is filed. The spouse may be a member of armed forces. The divorce may be filed in the county in which either spouse resides. The defendant has a legal right to move the case to his or her county. There is also a 60 day waiting period that must elapse after the date of filing, before the divorce will be granted.
Documents Required for Filing Divorce
Under the South Dakota divorce laws, the two main documents required are:
- Complaint for Divorce
- Decree of Divorce
Other than these, other documents include:
- Verification
- Marital Settlement Agreement
- Affidavit of Proof for Stipulated Judgment
- Financial Affidavit
- Notice of Final Hearing
Distribution of Property
The distribution of the property is based on the equitable basis considering whether the title to such property is in the name of the husband or the wife.
Change of Name or Restoration of Name
According to South Dakota divorce laws, wife’s name can be restored to her maiden name or her name before marriage after the divorce is filed.
Mediation Counseling
South Dakota divorce court provides both the parties with time period of 30 days to decide whether they want
legal separation or dissolution of marriage.
Alimony
According to South Dakota divorce laws, the divorce court can provide spousal support on permanent or temporary bases from case to case bases.
Child Custody
The South Dakota divorce court resolves the custody issue on the basis of keeping the child’s best interest in mind. The
child custody may be sole or joint based on the standards of what is complimentary for the child.
Child Support
Child support under South Dakota divorce laws is calculated according to the Income Shares Model.
Contact a professional divorce attorney or divorce lawyer for comprehensive divorce laws information in your state.
