There are many happily married couples who are proud to proclaim they
fell in love with their spouse at first sight. When that love is
genuine then the rush to get married is just a formality. On the other
side of the coin, there are an equal amount of people who rush into
marriage only to realize it was a huge mistake.
According to South Dakota divorce laws, residents who file for divorce
will be waiting at least sixty days before a final verdict can be
rendered. The goal of this two month waiting period would be to have
the couple work out any disputed claims. It might also be a chance for
mediation to step in to see if the marriage can be salvaged. If not, a
final ruling will be made. Before that can happen there are plenty of
issues that a couple has to work through.
South Dakota Legal Separation Laws
The first steps towards a final divorce can be a legal separation. When
this is granted by a South Dakota divorce court, all the same rules
that apply to a divorce are in effect here. But in the eyes of the law,
the couple is technically still married. Any arrangement for alimony,
child support or custody will have to be worked out in advance before
the separation can be granted.
South Dakota Grounds for Divorce
In some states, divorces fall into two categories: fault or no-fault.
For South Dakota, couples need to prove the grounds for their divorce
even if both sides agree that the marriage is over. The primary reason
for most divorces is irreconcilable differences that can't be mended.
Among the other legal grounds for divorce is when one of the partners
has been caught cheating or has maintained a pattern of physical or
emotional abuse. A partner who has also willfully abandoned their
spouse is another cause for divorce. Finally, if a spouse becomes a
convicted felon or abuses alcohol or drugs, divorce proceedings can
also be engaged.
South Dakota Property Distribution
Like many other states, South Dakota is an equitable distribution
state. This means that all property or assets that were acquired during
the period of the marriage will be divided equally. It doesn't matter
who owns the property or who is at fault in the divorce. It is up to
the judge to decide who gets what. That is why it is best to resolve
these issues before even coming before the judge.
South Dakota Child Custody Laws
When child custody is a factor in a divorce, a South Dakota divorce
judge will always strive to put the needs to the child first. In some
cases, a child is considered mature enough to decide on their own whom
they might want to live with. The judge can also consider the different
living environments and what impact a move might have on a child's
Child custody matters are resolved regardless of the gender. In other
words, the mother and father are given equal consideration. However, if
there is an issue of domestic abuse on either side then a judge will
rule in favor of the victims.
For child support, the judge takes into account the net incomes of both
spouses and the specific needs for the children like special medical or