Also See: South Dakota Marriage Laws
Statute: South Dakota State Divorce Code (Title 25, Chapter 4): legis.state.sd.us
Residency: Plaintiff must be a resident of the state at the time of filing and must remain a resident for the duration of the case. 60 day waiting period from time of filing until divorce is final.
Legal Separation Recognized? Yes. Alimony, property distribution and child support can be awarded.
Counseling Requirements: The court shall require the parties to attend mediation to resolve conflicts regarding custody and visitation
Property Distribution: South Dakota relies on “equitable distribution” so the court will distribute the marital property “in an equitable manner if the parties can’t agree on their own.Separate property (property acquired prior to the marriage, as a gift or through inheritance) is not included in property distribution. Fault is not considered unless it is relevant to the acquisition of the property in question.
Alimony: Alimony may be awarded to either party at the discretion of the court.
Leave a Reply