South Dakota Divorce Questions

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The South Dakota divorce questions and the appropriate answers for these questions provided here will help you to understand the divorce related procedures followed in this state. The divorcing partners need to have information related to separation procedures followed in South Dakota, if they are planning to file divorce in this state. Along with separation there are several other legal decisions that the court will make. Hence, it is important for people filing for divorce to keep updated about such facts. The legal terms related are not known to people filing for dissolution of marriage. Hence, we have provided information related to legal terms like decree of disassociation of marriage, defendant, plaintiff etc.

Some important examples of South Dakota divorce questions are as follows:

Q. Explain some basic terms related to South Dakota divorce?

A. Plaintiff is defined as the divorcing partner who files the divorce action. The spouse of the Plaintiff is defined as the Defendant.

In order to initiate the divorce, the Plaintiff files the Complaint for dissolution of marriage. The final document of a divorce procedure is known as Decree of Divorce.

Q. In this state, which are the grounds of divorce that are recognized?

A.

• Irreconcilable differences (in case of no fault divorces)
• Conviction of felony
• Habitual intemperance (drug addiction or habitual drunkenness)
• Willful neglect
• Willful desertion
• Extreme cruelty
• Adultery

Out of the above mentioned grounds, a no fault divorce accepts only one ground and that is of irreconcilable differences (i.e. an irretrievable breakdown of the marriage). These two terms also indicate that there is no reasonable expectation that the marital status can continue smoothly. This ground is possible only when there is default or the partners accede to use it.

Chronic mental illness is another ground that is subject to discretion. Consider that a spouse has incurable, chronic mania or dementia for five or more years. In such a case, the court might use its discretion to grant a divorce.

Q. Explain how the child custody and visitation issues are resolved?

A. The aim of the court is to make an arrangement for the best interests of the child. The court thinks on the following lines:

• The custody must be handed over that parent who would be able control and direct the child
• Custody would not be offered as a punishment or a reward to any parent

The different factors considered by the court are as follows:

• The desires of the child if the child is competent enough to form an opinion
• The residence where the child would reside
• The role played by each parent in the caring and upbringing of the child
• The requirements of the child
• The relation that exists between every parent and the child
• The mental and physical condition of the child and the parent
• The ages of the child and the parent

The court initially offers a chance to the parents to draft a visitation plan. If they fail to do so, the court normally sets a plan.

Q. List some points pertaining to alimony?

A.

• The court considers the cause of separation to decide the award of spousal support
• Spousal support might be a lump sum amount or a periodic amount
• The amount of alimony depends on some factors, some of which are revealed below
  • History of marriage
  • Duration of marriage
  • Earning potential of the partners
  • Assets of the partners
  • Respective ages of the partners
• The intent of alimony is not to punish a guilty partner but to alleviate the economical impact of the divorce process on the other partner

Q. What is the residency requirement rule in South Dakota?

A. The divorcing partner who files the dissolution of marriage should be a resident of this state but it is not necessary for the person to remain a resident after the completion of divorce filing.

Q. What is the required waiting period in South Dakota?

A. After the divorce papers are served on one of the divorcing partner there is a compulsory waiting period of 60 days.

Q. Is South Dakota an equitable distribution state?

A. Yes, South Dakota is an equitable distribution state. The marital property of the divorcing partners will be divided in a just and equitable manner. The court does not consider how the titles had been held by the divorcing partners. The court would consider certain factors such as fault related to how the property was acquired.

The South Dakota divorce questions and the relevant answers of these questions will help you to understand facts about laws and legal procedures followed in this state.

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