SOUTH DAKOTA DIVORCE LAWS:
The Residency Requirement: The spouse filing the action must be a resident of South Dakota or a member of the Armed Forces stationed in South Dakota at the time of filing, and must remain a resident until the divorce is final.
No Fault: Irreconcilable differences.
Fault: Adultery; Extreme cruelty; Willful desertion; Willful neglect; Habitual intemperance; Conviction of felony; Irreconcilable differences.
Property Division: South Dakota is an equitable-distribution “hotchpot” state. This means the court can divide any and all property owned by the parties, however and whenever acquired, in an “equitable” manner, i.e., fairly as the circumstances dictate. Fault is not considered, unless it was relevant to the acquisition of the property during the marriage (click the following for an expert's overview and key tips on dividing up property through divorce).
Alimony/Spousal Support: Either spouse may be required to make allowances for support of the other for his or her life, or for a shorter period. Length of marriage, and living standard are considered.
Child custody and child support: As in all states, child custody is determined by “the best interests of the child.” Neither parent is to be preferred, and the court may award joint custody if it is in the best interests of the child.
South Dakota child-support guidelines are based on an income-shares model: the total obligation is divided between the mother and father according to their incomes. These figures are rough estimates only.
For total net monthly income of:
- $2,000, support for one child is $469; for two children, $679; for three children, $780.
- $4,000, support for one child is $744; for two children, $1,072; for three children, $1,256.
- $5,000, support for one child is $882; for two children, $1,269; for three children, $1,486.
South Dakota has an on-line child support calculator that can help you figure child support in your case.
Child support ends at age 18 or 19, or until the child completes high school.
Click the following for an expert's overview and a list of articles on child custody and child support.
The information supplied above is for "educational purposes only" and is not intended to be used as legal advice.