It is essential for the plaintiff to be the resident of the South Dakota or the member of the armed forces when he files a case. In case of member of armed forces, plaintiff has to be its member until the final declaration of divorce. The papers can be submitted into either of spouses' county. However, the defendant has the rights to get them delivered in its county.
South Dakota deals the divorce cases on the basis of valid reasons. In this regard, no-fault as well as fault based reasons are considered that both the spouses have to agree with and validate.
Court has the rights to give the child custody on sole parent or joint custody basis. In this regard no previous reason for the dissolution of marriage is taken into account. Moreover, the preference of the child is given importance if he or she has the decision making ability. In this regard, neither of the parents is given any importance unless he or she has made remarkable contribution in the welfare of the child. Will of the parents and their flexibility for the frequent and free visits of the child are also considered.
In terms of property distribution, South Dakota is known as "equitable distribution" state. It allows the spouses to keep their separate properties, gifts, and inheritances with them. Whilst, it divides rest of the marriage properties into equal halves. No reason for the divorce is considered. Here are the determinants for the distribution of the property:
South Dakota may order to either of spouses to pay for the alimony to other on the following basis:
Court has the rights to ask for the security or guarantee in order to assure the payments of alimony:
Courts in South Dakota can order to pay for the child support either to one or both the parents. Amount of this supports is assessed on the basis of following factors:
Court can order for the mediation if it feels the chances of reconciliation between the two persons. The decision can be prolonged for thirty days in this regard.
There is no need of a lawyer when applying for divorce in the state of South Dakota. A divorce case which is filed without any help of an attorney in any of the states is known as Pro Se Divorce.
Literally, Pro Se is a Latin phrase and it means "on her or his own". Process of getting the divorce without the help of lawyer may vary from one State to another. These types of divorces are perfectly legal and enforceable in South Dakota, and are actually very convenient. Usually, once settlements have been made regarding property distribution and custody matters among the spouses in case of a mutual divorce, Pro Se Divorces are filed.
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