Divorce Law Basics in the State of South Dakota

Also See: South Dakota Marriage Laws

Statute: South Dakota State Divorce Code (Title 25, Chapter 4): legis.state.sd.us

No-Fault Grounds:

• Irreconcilable differences

At-Fault Grounds:

• Adultery

• Extreme cruelty –grievous bodily injury or grievous mental suffering
• Willful desertion
• Willful neglect
• Habitual intemperance
• Conviction of a felony

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.