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South Dakota Divorce Start Your Divorce Find Professionals South Dakota Articles Divorce Facts Divorce Grounds Residency Divorce Laws Mediation/Counseling Divorce Process Legal Separation Annulments Property Division Alimony Child Custody Child Support Divorce Forms Process Service Grandparent Rights Forum South Dakota Products Divorce by County Welcome About Us 100% Guarantees Central Log in Contact Us Find Professionals Start Your Divorce States Categories Forms Divorce Laws Articles Forums Blogs Encyclopedia Checklists Tools Bookstore For Professionals South Dakota Divorce Start Your Divorce Find Professionals South Dakota Articles Divorce Facts Divorce Grounds Residency Divorce Laws Mediation/Counseling Divorce Process Legal Separation Annulments Property Division Alimony Child Custody Child Support Divorce Forms Process Service Grandparent Rights Forum South Dakota Products Divorce by County In order to file for a divorce in South Dakota, residency requirements must be met for the court to accept the case.
If the court discovers it does not have jurisdictional rights to hear the case it will not be accepted or it will eventually be dismissed.
If the parents cannot come to an agreement regarding the issues involving the children, the court will establish the custody order at its discretion.
The court will award sole or joint custody based on the standards of what is in the best interests of the children.
Since South Dakota is an "equitable distribution" state, the marital property shall be divided in an equitable fashion.
The obligation of one spouse to support the other financially for a temporary or permanent basis is decided on a case-by-case basis as agreed to by the parties or at the court's discretion. Where a divorce is granted, the court may compel one party to make such suitable allowance to the other party for support during the life of that other party or for a shorter period, as the court may deem just, having regard to the circumstances of the parties represented; and the court may from time to time modify its orders in these respects.
Fault: (1) Adultery; 2) Extreme cruelty; (3) Willful desertion; (4) Willful neglect; (5) Habitual intemperance; (6) Conviction of felony; Extreme cruelty defined.
Extreme cruelty is the infliction of grievous bodily injury or grievous mental suffering upon the other, by one party to the marriage.
A few other documents that are typically filed during the process are: Verification, Marital Settlement Agreement, Affidavit of Proof for Stipulated Judgment, Financial Affidavit, and Notice of Final Hearing. The clerk or the clerk's assistants will be the people managing your paperwork with the court.
The clerk's office will keep the parties and the lawyers informed throughout the process in regards to additional paperwork that is needed, further requirements, and hearing dates and times.
The divorce grounds are as follows: Grounds for divorce.