IF you live in South Dakota, you can find divorce laws, divorce forms, lawyers, and support services here. You can also find more information in the divorce articles section.

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DIVORCE & SEPARATION FORMS

Divorce & Separation Forms - uslegalforms link
Online Divorce - divorcesource link

FAMILY LAW RESOURCES

South Dakota Child Support Guidelines
South Dakota Child Support Calculator
South Dakota Child Support Enforcement

DIVORCE LAWYERS & FIRMS

Need a Divorce Lawyer? LegalMatch allows you to present your case, and respond only to attorneys who want to help you. It's Free & Confidential. You can post your legal issues with LegalMatch and receive a reply from qualified attorneys who can handle your case. LegalMatch is a good directory that empowers consumers to locate and thoroughly review the experience, availability and price of pre-screened attorneys before deciding whom to contact.

UNCONTESTED DIVORCE FORMS

WITH NO Children
No Children and No Marital Home
No Children and Dividing Proceeds From the Sale of Marital Home
No Children and Transfer of Marital Home From One Spouse to the Other

WITH Children
With Children and One Parent Has Legal and Physical Custody
With Children and Both Parents Have Legal Custody and One Parent Has Physical Custody

When You CANNOT LOCATE Your Spouse
State Specific - Divorce Software - Missing Spouse - With No Children

DIVORCE FORM PREPARATION

Divorces can be painful and complicated, but they do not have to be. LegalZoom can help you obtain your uncontested divorce if you simply follow their three-step plan. They'll prepare your divorce forms, and other documentation that may be needed, review them for consistency and completeness, and provide you with all of the necessary paperwork within 7-10 business days. Start your South Dakota divorce form preparation today.

COUNSELING

BACKGROUND CHECKS

Conduct Background Checks and Investigations - Find people, unlisted phone numbers, obtain vital statistics, criminal record checks, credit record checks, sex offender searches, driving and vehicle records, property records, general public records, business registration and property resources.

DOMESTIC VIOLENCE RESOURCES

South Dakota Domestic Violence Resources
South Dakota Domestic Violence Shelters and Hotlines
South Dakota Coalition Against Domestic Violence and Sexual Assualt

SUPPORT

Support Groups

SOUTH DAKOTA DIVORCE LAW RESOURCES

South Dakota Divorce Information
South Dakota Divorce Statutes

RESIDENCY REQUIREMENTS AND WHERE TO FILE: The person filing for a divorce must be a resident of South Dakota and remain a resident until a divorce decree is entered. An action for divorce may be filed in either the county where the plaintiff or the defendant lives, and there is at least a 60 day waiting period from the time the divorce petition is served and the court hearing or determination of the divorce. [Based on South Dakota Domestic Relations Laws - Title 25 - Chapters: 25-4-30, 25-4-30.1, 25-4-34]

LEGAL GROUNDS FOR DIVORCE: The court may order a divorce based on the following grounds:

1. Adultery;
2. Extreme cruelty;
3. Willful desertion;
4. Willful neglect;
5. Alcohol abuse;
6. Conviction of felony;
7. Irreconcilable differences.
[Based on South Dakota Domestic Relations Laws - Title 25 - Chapters: 25-4-2]

LEGAL SEPARATION: A husband and wife may separate and agree in writing provisions for child support, spousal support, and property division. A separation may be granted upon the same grounds as required for a dissolution.
[Based on South Dakota Domestic Relations Laws - Title 25 - Chapter: 25-2-13, 25-4-40]

MEDIATION OR COUNSELING REQUIREMENTS: In any custody or visitation dispute, the court may order mediation to assist the parties in formulating or modifying a plan for custody or visitation. The court may also request that an investigation be conducted to help the court in making a custody or visitation determination. The cost of the mediation and/or the investigation shall be allocated between the parties. [Based on South Dakota Domestic Relations Laws - Title 25 - Chapter: 25-4-56]

PROPERTY DISTRIBUTION: South Dakota is an equitable distribution state. Marital assets will be distributed in an equitable fashion, regardless of who holds the title. Fault is not a factor unless it is relevant to the acquisition of the property during the marriage. [Based on South Dakota Domestic Relations Laws - Title 25 - Chapters: 25-4-44 and 25-4-45.1]

ALIMONY/MAINTENANCE/SPOUSAL SUPPORT: Either spouse may be ordered to pay alimony to the other party for a period of time as the court deems just. [Based on South Dakota Domestic Relations Laws - Title 25 - Chapter: 25-4-41]

SPOUSE'S NAME: The trial court may, in its discretion or upon the terms of the decree, restore a woman's maiden name or the name she legally bore prior to her marriage to the husband in the divorce suit. [Based on South Dakota Domestic Relations Laws - Title 25 - Chapter: 25-4-47]

CHILD CUSTODY: The determination of child custody is based on the best interests of the child in respect to the child's temporal and mental and moral welfare. If the child is of a sufficient age to form an intelligent preference, the court may consider that preference in determining custody. There is no preference towards either gender in determining custody, and fault is not considered relevant unless it relates to the fitness as a parent, such as domestic abuse or assault, or a conviction, excluding vehicular homicide, of a parent for the death of the other parent; [Based on South Dakota Domestic Relations Laws - Title 25 - Chapters: 25-4-45, 25-4-45.1, 25-4-45.5, 25-4-45.6]

CHILD SUPPORT: Child support is based on the "Income Shares" model, meaning that the combined monthly net incomes of both parents shall be used in determining the obligation and divided proportionately between the parents based upon their respective net incomes. The non-custodial parents share determines the level of child support to be awarded, based on the number of children from the marriage. Other provisions may be found in the Support Obligations section of the Domestic Relations Statutes. [Based on South Dakota Domestic Relations Laws - Title 25 - Chapter: 25-7-6.2]

PREMARITAL AGREEMENT: Premarital agreements shall be in writing and signed by both parties. Premarital agreements may include provisions that define the respective property rights of the parties during the marriage, or upon the death of either or both of the parties. The agreement may provide for the disposition of marital property upon a divorce or separation of the parties, but may not adversely affect the right of child support. [Based on South Dakota Domestic Relations Laws - Title 25 - Chapter: 25-2-17 and 25-2-18]

You can find more divorce information in the following articles: