South Dakota Divorce Glossary
Understanding the legal terminology used in South Dakota family courts is the first step to navigating your divorce with confidence. This glossary defines common terms you will encounter in legal documents and during court proceedings.
- Arrearages
- Money which is overdue and unpaid. This term is most often used in reference to past-due child support or alimony payments.
- Decree of Divorce
- The final court order that legally ends the marriage. It details the terms of the divorce, including property division, custody, and support.
- Default Judgment
- A judgment granted by the court in favor of the Plaintiff when the Defendant fails to file a formal Answer or response to the divorce papers within the statutory time limit (typically 30 days in South Dakota).
- Defendant
- The spouse who is sued for divorce. This is the person who receives the Summons and Complaint.
- Dissolution of Marriage
- The formal legal term used in many states, including South Dakota, for divorce. It signifies the termination of the marital contract.
- Equitable Distribution
- The legal standard South Dakota courts use to divide marital property. "Equitable" means fair, not necessarily equal. The court considers factors like the length of the marriage, the age and health of the parties, and the contribution of each spouse to the acquisition of assets.
- Guardian ad Litem (GAL)
- An attorney or mental health professional appointed by the court to investigate the circumstances of a child custody case and advocate for the "best interests of the child."
- Interrogatories
- Written questions sent by one party to the other during the "discovery" phase of a divorce. The recipient must answer these questions in writing under oath.
- Joint Legal Custody
- An arrangement where both parents share the right and responsibility to make major decisions regarding the child's upbringing, such as education, healthcare, and religious training.
- Marital Property
- Assets acquired by either spouse during the course of the marriage, regardless of whose name is on the title. In South Dakota, almost all property acquired during marriage is subject to division.
- Plaintiff
- The spouse who initiates the divorce process by filing the initial paperwork (Summons and Complaint) with the court.
- Pro Se
- Latin for "for oneself." It refers to a party in a legal case who represents themselves without an attorney.
- Qualified Domestic Relations Order (QDRO)
- A special court order required to divide certain retirement accounts (like 401(k)s) between divorcing spouses without incurring early withdrawal penalties.
- Summons
- A legal document served on the Defendant notifying them that a divorce action has been filed and informing them of the deadline to respond.
- Visitation (Parenting Time)
- The scheduled time the non-custodial parent spends with the child. South Dakota guidelines provide standard schedules for this parenting time.
If you encounter a term not listed here, or need clarification on how a specific law applies to your case, please consult a qualified attorney or refer to our Resources page.
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