South Dakota Divorce Tips

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Whenever we take important decisions in our life like decisions related to career, education, family, marriage, etc. we tend to take the advice of our elders, friends or well-wishers. We have to consider a lot of things because these big choices will set the direction of our life- where we are going. Similarly, taking divorce is a vitally important decision that is going to affect your lifestyle and life goals. Wherever you may stay, you must be aware of the basic divorce laws of that state so that you are not cheated or misguided. South Dakota divorce tips serve this purpose. These suggestions show you the right path to walk on in order to fight for your interests legally and safely.

Some useful South Dakota Divorce Tips

  • The plaintiff must be a resident of South Dakota and must live in the state until a divorce decree is entered. A divorce may be filed in any county where any of the spouse might reside. Usually there is a 60-day waiting period between service and the divorce.

  • The court may order spousal support or maintenance to any partner considering some factors deemed necessary by the court.

  • One of the most important South Dakota divorce tips is to lay emphasis on mediation for child custody. Before taking the final decision regarding child custody, the court orders mediation so that both parents can devise a plan for visitation or custody. The spouses share the cost of meditation.

  • South Dakota court grants divorce case on 'no-fault' grounds based on irreconcilable differences. Fault grounds include cases of inhuman treatment, adultery, willful desertion or neglect, conviction of felony or alcohol abuse.

  • If there is any hearing for modification of support, the referee might advise that the fees and expenses of the lawyers might be imposed on the parent at fault. If the referee is of the opinion that the filing has been vexatious or frivolous then the referee might advise that any additional expenses incurred by the innocent parent (like cost of referee, travel expenses, lost wages etc) must be imposed on the parent at fault.

  • Consider a person who is at fault due to the following reasons:
    • This person owes past-due support.
    • The person fails to comply with a subpoena or warrant pertaining to a child support or paternity proceeding even after receiving appropriate notice.

    Regarding such a person, the circuit court may restrict, suspend or revoke the following licenses:

    • Recreational
    • Sporting
    • Occupational
    • Professional
    • Drivers

  • Assume that a person has support arrearages that amount to 1000 USD or more. Then, the Department of Social Services issues a notice to the state agency or board regarding this fact. Further, this state agency or board might not renew or issue the recreational, sporting or professional permit, certification, registration or license of this person. As a consequence of this procedure, the person is left with the only solution of making the essential arrangements with the Department of Social Services for payment of any accumulated arrearages.

  • If the income of an obligor is withheld or the obligor has been served with a notice of delinquency as per Chapter 25-7 A-42, then, such an obligor is expected to notify the relevant department information pertaining to any new payer within 7 days. If the obligor violates this section, then, it is classified as a Class 2 misdemeanor.

  • If an obligor or obligee files a petition and following the filing there is a hearing or in the absence of any petition, irrespective of the time, the department is empowered to execute the following:
    • If the arrearage has been paid and no current support obligation is due, then the order for withholding may be terminated.
    • If the obligee has failed to furnish a mailing address or any other means of delivery and due to this there is an inability to deliver income withheld for the obligee, then, the order for withholding may be suspended.
    • The amount of income to be withheld is decreased so that there is full payment of the arrearage by income withholding
    • If there is a termination, suspension or modification of the underlying order for support or arrearage judgment, the order for withholding might be terminated, suspended or modified.

  • Regarding any support order that is modified or entered after 1st July 1997:
    • If a petition is filed before 3 years have elapsed since the date of the order and a considerable alteration in circumstances can be proved, then the order might be modified.
    • If a petition is filed after 3 years have passed since the date of the order and no alteration in circumstances can be filed, still the order might be modified.

It is not easy to forget the woes and worries of the past. Do not keep yourself engrossed in the past as this will complicate matters rather than solving them. View the problems as a normal part of your life. These pieces of advice coupled with the South Dakota divorce tips will definitely take you towards a successful divorce.

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