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 While
it may seem like the end of the world, or your
life, it really isn't. Once you get past the betrayal
and pain, you'll begin the recovery. Take
a deep breath. If nothing else, we'll give you
some answers and ease your anxiety. If you're
having a tough time coping, perhaps you should view
this page first.
Child Support
Either or
both parents may be ordered to provide child support.
There are official child support guidelines set
by South Dakota divorce laws ( aka South Dakota
divorce statutes), and upon request for deviation,
they can be altered based on the following considerations:
1.) The financial condition of either parent that
would make application of the schedule inequitable,
2.) Income tax consequences 3.) Any special needs
of the child, 4.) Income from other sources, 5.)
The effect of custody and visitation provisions
child support, 6.) Childcare expenses necessary
to obtain employment, education, or training,
7.) Agreements between the parents which provide
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other
forms of support for the direct benefit of the
child child support, 8.) A voluntary reduction
in the income of either parent, and 9.) Any other
support obligations of a parent. The
parents of a child are jointly and severally (individually)
obligated for the care and support of the child.
Until established by a court order, the
minimum child support obligation of a parent who
has left the home, is the obligor's share of the
amount shown in the support guidelines, beginning
on the first day of the absence. South Dakota
courts will consider the following to determine
income:
»The monthly gross income
of each parent
»Self-employment income
»Periodic payments
from pensions or retirement programs
»Interest, dividends, rentals,
royalties, or other gain derived from investment
of capital assets;
»Gain or loss from the sale,
trade, or conversion
»Unemployment insurance benefits;
»Worker's compensation benefits;
and
»Benefits in lieu of compensation including military
pay allowances
If the income of the
parents is derived from seasonal employment, or
received in payments other than regular, recurring
payments such income shall be annualized to determine
a monthly average income. Things
to consider when considering divorce.
Are you just starting out with divorce, and
need a blueprint, or guidance, on what to do and
NOT do? Want to learn about things your attorney
may not tell you? Allow a Killer
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Child Custody
In any custody dispute
between parents, the court may order joint legal
custody so that both parents retain full parental
rights and responsibilities with respect to their
child and so that both parents must confer on
major decisions affecting the welfare of the child.
In ordering joint legal custody, the court may
consider the expressed desires of the parents
and may grant to one party the ultimate responsibility
over specific aspects of the child's welfare or
may divide those aspects between the parties based
on the best interest of the child. If it appears
to the court to be in the best interest of the
child, the court may order, or the parties may
agree, how any such responsibility shall be divided.
Such areas of responsibility may include primary
physical residence, education, medical and dental
care, and any other responsibilities which the
court finds unique to a particular family or in
the best interest of the child.
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Guided
by South Dakota divorce statutes, the court may,
before or after judgment, give such direction
for the custody, care, and education of the children
of the marriage as may seem necessary or proper,
and may at any time vacate or modify the same.
In awarding the custody of a child, the court
will be guided by consideration of what appears
to be for 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 the question. As
between parents adversely claiming the custody,
neither parent may be given preference over the
other in determining custody. Fault will not be
taken into account with regard to the awarding
of property or the awarding of child custody,
except as it may be relevant to the acquisition
of property during the marriage or to the fitness
of either parent in awarding the custody of children.
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Visitation/Co-Parenting
During a
proceeding for separation or dissolution, parties
are given the opportunity to arrive at and agree
to a visitation (parenting) agreement. Should
they be unable or unwilling to agree, the court
will impose a visitation schedule on them. Features
commonly found in a South Dakota visitation agreement
that addresses the non-custodial parent's visitation
with the children include: alternate weekend visitation
(3-day weekends included), mid-week visitation,
sharing of the children during periods of school
recess -winter, spring and summer, New Year's
Eve, Easter, Rosh Hashanah and Yom Kippur, Thanksgiving,
and Christmas with one parent or the other in
alternate years, Father's Day with Father, Mother's
Day with Mother, alternate years on the children's
birthdays, and open communication by phone and computer.You
may wish to consider considerations below to be
included in your agreement. If you and your
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spouse
can agree on a parenting schedule, leave nothing
to interpretation. Be as specific as you can including
the right language in your agreement. How is the
decreed custody defined? What are the rights and
responsibilities? Who has legal custody? Which
holiday does the child spend with you? What time
and where may the other parent pick the child
up? What time should the child be returned home?
What is the procedure to follow if either of you
are running late and won't be there on time? How
much notice should you be given if they are planning
a vacation? How far away may the other spouse
move? What about future partners? Should those
partners stay overnight in front of the children?
Be aware that you have to guide your side of
the divorce. Don't rely that your attorney will
think of everything. You set the course; your
lawyer navigates. If you anticipate any problems
with custody or visitation, we suggest you own Child
Custody Strategies.
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Grounds
For Divorce
The
district court, guided by South Dakota divorce
statutes, may grant a divorce for any of the following
causes (grounds): 1. Abandonment for one (1) year,
2. Adultery, 3. Impotency, 4. When the wife at
the time of her marriage, was pregnant by another
than her husband,
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5.
Extreme cruelty, 6. Fraudulent contract, 7. Incompatibility,
8. Habitual drunkenness, 9. Gross neglect of duty,
10. Imprisonment of the other party in a state
or federal penal institution, 11. Insanity for
a period of five (5) years.
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Marriage
Annulment
Marital Annulment
An
South Dakota marriage annulment is a decree ending
an illegal marital relationship, while a divorce
is the termination of a legal marriage. The
marriage annulment process (sometimes called a
marital annulment) is similar to the divorce or
separation processes in that you petition the
court citing grounds for a marital annulment,
and prove your claim with evidence. The burden
of proof is greater for an annulment than a divorce,
however. South Dakota requires citing a ground
for the annulment petition. Acceptable grounds
for annulment include: Fraud- You
can obtain an annulment in South Dakota if your
spouse got your consent for marriage by fraud
or by misrepresenting him or herself, |
Mental
Illness- South Dakota annulment laws state
that a mentally incapacitated person can’t
enter into a marital contract. If your spouse
is mentally incapacitated, you can obtain an South
Dakota annulment, Underage
Marriage- Based on South Dakota annulment
laws, any person that has not attained the legal
marriageable age specified by South Dakota marriage
laws, he or she can’t get married. However
if your marriage occurred anyway, you can get
your marriage annulled in South Dakota, Incest-
Entering a marriage with someone who is too closely
related to you,South Dakota annulment laws restrict
marital contracts from such individuals and Impotency-Impotence
is a valid annulment ground according to South
Dakota annulment laws. If your spouse is impotent,
you can get your a South Dakota marital annulment.
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Marriage
Counseling/
Mediation
In all actions for divorce,
separate maintenance, guardianship, paternity,
custody or visitation, including modifications
or enforcement's of a prior court order, where
the interest of a child under eighteen (18) years
of age is involved, the court may require all
adult parties to attend an educational program
concerning, as appropriate, the impact of separate
parenting and co parenting on children,
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the
implications for visitation and conflict management,
development of children, separate financial responsibility
for children and such other instruction as deemed
necessary by the court. The court can order mediation
if it feels it is warranted. Marriage counseling,
while not state-sponsored, should always be considered
if there is still some hope the marriage can be
saved.
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Legal
Separation/
Marital Separation
An South Dakota legal
separation means the husband and wife are living
apart and has the added element that the arrangement
is ordered by the court or agreed to by the parties
in a written agreement. The fact that the legal
separation (also known as a marital separation
or divorce separation) is part of a court order
or written agreement makes it a "legal separation”.
Legal Separations require a separation agreement
agreed to by the parties. The legal separation
makes more certain the rights and responsibilities
of the parties during the period of separation
as opposed to an informal separation. Payments
of support during a period of separation sometimes
are called temporary maintenance or alimony pen
dente lite. The separation (informal or legal)
keeps the marital status intact until or unless
one files for divorce.
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Legal
separation is often pursued when one of the parties
wants to stay married for religious reasons, wants
the advantage of deductibility of spousal support
payments for income tax reasons, wants to maintain
various insurance coverage's, or do not want to
wait the state statutory waiting period for termination
of marital status.
One does not
need to get a legal separation in order to divorce.
In fact, most bypass the legal separation and
go straight to the divorce. The marital separation
can last the life of the parties, without conversion
to a divorce, until or unless someone files to
convert the separation into a divorce.
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Waiting
Period
In an action for divorce
where there are minor children involved, the court
will not issue a final order for at least ninety
(90) days from the date of filing the petition.
In the event no minor children are involved and
there is full agreement by the parties, your divorce
can be completed in as little as ten days. |
South
Dakota divorce
statutes specify that the court may require that
within the ninety-day period the parties attend
and complete an educational program.
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Grandparents Rights
Grandparents
of an unmarried minor child will have reasonable
rights of visitation to the child if the court
deems it to be in the best interest of the child.
(This right is conferred by federal statute) The
right of visitation to any grandparent of an unmarried
minor child will be granted unless it has been
specifically denied by the court.
State
Fact Sheets for Grandparents and Other Relatives
Raising Children
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If
a child is born out of wedlock, the parents of
the father of such child will not have the right
of visitation unless the father has been judicially
determined to be the father of the child.
If one
natural parent is deceased and the surviving natural
parent remarries, any subsequent adoption proceedings
will not terminate any court-granted grandparental
rights belonging to the parents of the deceased
natural parent.
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Divorce
Settlement
South
Dakota is
an equitable distribution state. South Dakota
divorce laws mandate that the courts divide the
marital property between the parties in an equitable
and just manner. This means the court will attempt
to divide the marital assets fairly, but not necessarily
evenly. As is always the case, if you and the
divorcing spouse can agree on a divorce settlement
of marital assets and liabilities first, the court
won't have to. Did
you come into this marriage owning a house? Concerned |
about
the equity in that house that you brought into
the marriage? Worried about property that was
yours before the marriage and that it may now
be part of a divorce settlement? Here's how it
works generally. What you brought
into the marriage is usually all yours. However,
any appreciation of the house or the property
value is normally treated as a "marital asset",
meaning that you will likely forfeit a third to
a half of that appreciation to your spouse in
the divorce.
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Residency
Requirements
Either the plaintiff
or the defendant must have been an actual resident
for six (6) months next prior the filing of the
petition. United States military personnel are
afforded the same 6 month requirement according
to South Dakota divorce statutes and federal law.
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