South Dakota

Marriage & Family Law Home

In the state of South Dakota, when divorce has been granted, the court may compel one party to make a suitable allowance to the other for life or a finite period, as they see fit. The court may take into consideration any factors they find relevant to the specific case.

Two main factors to be considered by the court are whether the spouse seeking support lacks the appropriate property to provide for their reasonable needs, based on the standard of living established during marriage, and whether they are able to support his or herself through employment.

The maintenance order will be in an amount and for a length of time that the court finds just dependent on all relevant factors, which include, but are not limited to:

• The financial resources of the individual seeking maintenance



• The current income, employment, and other earnings of each party



• The potential ear ....... Click here to get more info on Alimony

If the obligation using the noncustodial parent's monthly net income is within the schedule, that amount will be compared to the noncustodial parent's proportionate share using both parents' monthly net incomes. ....... Click here to get more info on Child Support

In awarding the custody of a child, the court shall 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. ....... Click here to get more info on Custody

In South Dakota a couple seeking a divorce can choose either no-fault grounds or can choose the option of filing on traditional fault grounds.

Grounds for divorce include:

• adultery



• extreme cruelty



• willful desertion



• willful neglect



• habitual intemperance



• ....... Click here to get more info on Divorce

South Dakota law states that a biological parent of a minor child may request visitation rights as part of an open divorce, parentage or custody case or may file a petition for visitation in none of these circumstances apply.

The court will decide a request for visitation based on whether granting a parent visitation would be in the "best interests of the child" which consists of: What is considered in a child's "best interests" are outlined under the custody and visitation statute which indicate the following factors are relevant to this type of decision: the emotional ties between the child and oth ....... Click here to get more info on Visitation

Under South Dakota law, marital property is that which is acquired or is a direct result of the labor and investments of the parties during the marriage is subject to equitable division. ....... Click here to get more info on Property Division