Frequently Asked Questions (FAQ)
Divorce laws can be confusing. Here are answers to some of the most common questions regarding divorce proceedings in South Dakota and Rapid City.
What are the residency requirements for divorce in South Dakota?
Unlike many other states, South Dakota does not have a specific duration requirement (e.g., 6 months) for residency before filing. You simply must be a resident of the state at the time you file the divorce complaint. However, you must be a bona fide resident, meaning you intend to make South Dakota your home.
Is there a waiting period for divorce in South Dakota?
Yes. South Dakota law mandates a 60-day cooling-off period from the date the summons and complaint are served before a divorce can be finalized. This applies even if both parties agree on all terms.
What are the grounds for divorce in South Dakota?
South Dakota is a no-fault divorce state, meaning you can file based on "irreconcilable differences." However, fault-based grounds such as adultery, extreme cruelty, willful desertion, willful neglect, habitual intemperance, and conviction of a felony are also available and can sometimes impact alimony or property division.
How is property divided in a South Dakota divorce?
South Dakota is an "equitable distribution" state. This means the court will divide marital property in a way that is fair, but not necessarily equal (50/50). The court considers factors such as the duration of the marriage, the value of the property, the age and health of the parties, and each spouse's contribution to the accumulation of assets.
Does South Dakota require separation before divorce?
No. You are not required to live separately for any specific period before filing for divorce in South Dakota. You can even continue to live in the same house while the divorce is pending, although this is often practically difficult.
If you have more specific questions, we recommend consulting with a qualified family law attorney in the Rapid City area or visiting our Resources page for legal aid information.
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