Download completed South Dakota divorce forms based upon the answers you provide in the online interview. We provide South Dakota State Approved downloadable South Dakota divorce kits, complete with divorce instructions, to allow you to obtain a divorce in South Dakota. Download your uncontested or no fault South Dakota divorce papers and eliminate any divorce attorney. Click the Start Now button and begin your online divorce today.
The spouse filing for divorce must be a resident of South Dakota or a member of the Armed Forces stationed in South Dakota at the time of the filing and must remain a resident until the divorce is final. There is no durational residency requirement. The divorce may be filed for in the county where either spouse resides, but the defendant has the right to have it transferred to his or her county of residence if desired. In addition, there is a 60-day waiting period after filing before a hearing will be held or the divorce will be granted. [South Dakota Codified Laws; Volume 9A, Title 25, Chapters 25-4-30, 25-4-30.1, and 25-4-34].
There are mainly two reasons of divorce in South Dakota those are fault and general.In order to file for divorce in South Dakota, the proper grounds must be established. Both spouses are involved in establishing these grounds, and both must substantiate and agree upon these, unless the divorcing spouse is trying to prove otherwise to the court.
No-fault grounds for a divorce in South Dakota include:
General reasons fordivorce in South Dakota include:
Sole or joint child custody is to be awarded based on the discretion of the court and the best interests of the child. Fault is not to be considered unless it is relevant to the fitness of a parent to have custody. Neither parent is considered the preferred parent based on the parent’s sex. The preference of the child may be considered. In joint custody decisions, the court may consider the expressed desires of the parents and the best interests of the child. No other specific factors are specified. There are specific Child Visitation Guidelines established by the South Dakota Supreme Court which shall be used to establish visitation schedules, unless the parents provide a signed agreement providing otherwise. [South Dakota Codified Laws; Title 25, Chapters 25-3-11, 25-4-25, 25-4-45.1, 25-4A-12, and 25-5-7.1 to 25-5-7.3 and South Dakota Case Law].
South Dakota is an “equitable distribution” state. All of the spouse’s property is equitably divided by the court. Marital fault is not to be considered unless it is relevant to the acquisition of property during the marriage. The only factor specified in the statute is a consideration of the equity and circumstances of the spouses. South Dakota courts have interpreted this to include the following factors for consideration:
Either spouse may be awarded maintenance for life or a shorter period. The only factor specified in the statute is a consideration of the circumstances of the spouses. South Dakota courts have interpreted this to include the following factors for consideration:
Reasonable security may be required to guarantee the payment of maintenance. [South Dakota Codified Laws; Title 25, Chapters 25-4-42, 25-4-44, 25-4-45.1, 25-7A-20 and South Dakota Case Law].
Either or both parents may be ordered to provide child support. There is an official child support obligation schedule set forth in the statute. Deviation from the official schedule may be based on a consideration of the following factors:
The support payments may be ordered to be paid through the court clerk. Wage withholding orders may also be ordered. [South Dakota Codified Laws; Title 25, Chapters 25-3-11, 25-4-38, 25-4-45 and 25-7-6.2 to 25-7-6.12.].
If the court determines that there is a reasonable possibility for reconciliation between the spouses, the divorce proceedings can be delayed for up to 30 days while the spouses seek counseling. [South Dakota Codified Laws; Title 25, Chapter 25-4-17.2].START Your Divorce Process Now!
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FREE Access to a Full Video Library on Divorce: Our team has taken the time to explain the issues regarding taxes, estate planning and more.
Detailed Instructions to serve your Spouse: Part of the process of obtaining a divorce is doing a proper service. We show you how to do it.
Marital Settlement Agreement: You will get a complete settlement agreement that you and your spouse can agree to.
Free Name Change for Wives: Yes, you can get your old name back with our service.
FREE Parenting Plan: With our service you can create a parenting plan on line to be included in your documents.
FREE Child Support Calculator: Our online service helps you calculate child support payments if needed.
FREE Alimony Calculator: If spousal support is required, our site will allow you to make the right choices.
Simply register online, pay the small fee, gather your papers and ready to get a divorce.
Answer each of the questions we will ask you and the forms will be completed for you.
Print our state approved completed forms, and file the divorce forms in the court.
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