September 15, 2006, Newsletter Issue #31: South Dakota Divorce Laws and Divorce Guidelines

Tip of the Week

South Dakota Residency Requirement
According to the South Dakota Divorce Laws and South Dakota Divorce Guidelines, to get divorced in South Dakota, the spouse filing for divorce must be a resident of the state throughout the duration of the divorce process

Time To Divorce
There is a waiting period of 60 days after filing the Divorce Forms and South Dakota Divorce Papers before a divorce will be granted

Place of Divorce (Venue)
The case may be filed in: The county where either spouse resides

Simplified or Special Divorce Procedures
If both spouses consent to the use of "irreconcilable differences" as the grounds for divorce, the court may grant the divorce based entirely on affidavits of the spouses which establish the required residency and grounds for the divorce. Generally, in these types of cases, an appearance in court is not required.

South Dakota Grounds for Divorce

Grounds for a No-Fault divorce:
(1) Irreconcilable differences

Grounds for a Fault based divorce:
(1) adultery
(2) conviction of a felony
(3) willful desertion
(4) cruel and inhuman treatment
(5) willful neglect
(6) habitual intemperance

An Agreed Divorce , defined by South Dakota divorce guidelines and South Dakota divorce laws, is a scenario where the spouses agree on the terms of the divorce such as South Dakota property distribution, South Dakota child support, or South Dakota child custody.

A Default Divorce , according to the South Dakota divorce guidelines and South Dakota divorce laws, is a divorce where the other spouse doesn't sign the South Dakota Divorce forms or South Dakota divorce papers, he/she doesn't do anything at all with the divorce.

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