South Dakota No Fault Divorce

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The courts in South Dakota have been bestowed with the authority to order mediation for any clash between the divorcing partners. When a divorce is pending, any one of the divorcing partners can file a motion for mediation. The divorcing couple has the right to submit their issues for mediation. This is done with an intention of proceeding in the court for an uncontested divorce.

Grounds of South Dakota No Fault Divorce

Due to irreconcilable differences amongst the divorcing partners, their marriage has been broken down irretrievably.

Residency requirements of South Dakota No Fault Divorce

The divorcing partner, who files for the divorce, must compulsorily be residing in this state at the moment of filing the divorce papers and till the divorce becomes final. If this divorcing partner is a member of the armed forces, this partner must be stationed in this state during the above mentioned period. This state does not specify a minimum residency requirement.

The county wherein either divorcing partner resides is the venue for the action of the divorce.

Settlement Agreement

Due to divorce and separation, the divorcing partners are subjected to obligations, duties and rights and these are mentioned in written form in a Settlement Agreement. This agreement incorporates topics like child support, child custody, fees of the lawyer, spousal support and distribution of property. The court inspires divorcing couples to develop such an agreement. The reason is that the wife and husband must be able to settle the above mentioned issues amicably.

The issue of Child Custody

While taking the final decision regarding child custody, the court does not offer it as a punishment or reward to any of the parents. It focuses on which parent is adaptable to the task of caring for the child and is capable of directing and controlling the child. The court concentrates on the best interests of the child. The court takes into account the following factors while contemplating on this issue.

  • The desires of the child whenever the child is mature enough to express an opinion
  • The residence offered to the child
  • The role enacted by each divorcing partner in the caring and upbringing of the child in marital life
  • The requirements of the child
  • The sort of relation that exists between the child and each parent
  • The mental and physical state of the child and both parents
  • The age of the child and both parents

Types of Property

Separate Property is that which is owned by one divorcing partner at the moment of marriage. It also includes property that is received as gifts to one individual from a third person and inherited property.

Marital Property is all property that can be called as jointly owned property and the property attained by one or both partners in the marital life till the moment of final separation.

Part Marital and Part Separate Property is that separate property that is enhanced due to the active efforts of one or both partners during marital life as well as when separate and Marital Property combined together.

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