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We offer a 100% guarantee that the documents provided will be accepted by the South Dakota courts to finalize your divorce.
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South Dakota Divorce Laws
South Dakota Residency Requirements
The plaintiff in an action for divorce or separate maintenance must, at the time the action is commenced, be a resident of this state, or be stationed in this state while a member of the armed services, and in order that each party be entitled to the entry of a decree or judgment of divorce or separate maintenance, that residence or military presence must be maintained until the decree is entered. The divorce may be filed in the county in which either spouse resides. The defendant has a legal right to have the case transferred to his or her county if desired. There is also a 60 day waiting period that must elapse after the date of filing before the divorce will be granted. (South Dakota Laws - Volume 9A - Title 25 - Chapters: 25-4-30, 25-4-30.1, and 25-4-34)
South Dakota Divorce Grounds:
(1) Irreconcilable differences. (South Dakota Laws - Volume 9A - Title 25 - Chapters: 25-4-2, 25-4-17, 25-4-18)
South Dakota Property and Debt Division
The courts will consider the following factors when making a property award upon divorce; the contribution each spouse had to the acquisition of the marital property; the value of each spouses separate property; the amount of time the spouse have been married; the age and health condition of each spouse; the current and future earning capacity of each spouse; and the value of the property being distribution as well as the income potential of that property. Fault shall not be taken into account with regard to the awarding of property, except as it may be relevant to the acquisition of property during the marriage. (South Dakota Laws - Volume 9A - Title 25 - Chapters: 25-4-44, 25-4-45)
South Dakota Spousal Support, Maintenance, or Alimony:
Allowance for support when divorce granted. Where a divorce is granted, the court may compel one party to make such suitable allowance to the other party for support during the life of that other party or for a shorter period, as the court may deem just, having regard to the circumstances of the parties represented; and the court may from time to time modify its orders in these respects. The factors the court will consider when establishing a support award are as follows; the length of the marriage; the financial repercussions of each spouse; the financial resources of each spouse; the age of the spouses; the health condition of the spouses; and the marital fault that caused the divorce if any. The department shall enforce the support obligation due to a spouse or former spouse who is living with his or her child, but only if a support obligation has been established for the spouse and the child support obligation is being enforced. (South Dakota Laws - Volume 9A - Title 25 - Chapters: 25-4-42, 25-4-44, 25-4-45)
South Dakota Custody and Visitation:
Any agreement by the parties for visitation other than the standard guidelines shall be in writing, signed by both parties and filed with the court. The agreed plan shall be approved by court order and replace the standard guidelines or any plan previously filed. The court will award sole or joint custody based on the standards of what is in the best interests of the children. The court will consider the following; marital misconduct only if it is relevant to the further well being of the child; the child wishes depending on age and maturity; and the expressed desires of the parents. The court will not discriminate based on the parents gender. (South Dakota Laws - Volume 9A - Title 25 - Chapters: 25-3-11, 25-4-25, 25-4-45.1, 25-5-7)
South Dakota Child Support:
Child support is determined by the state guidelines, which is based primarily on the income of each parent. Income is defined as follows: (A) Compensation paid to an employee for personal services, whether salary, wages, commissions, bonus, or otherwise designated; (B) Self-employment income including gain, profit, or loss from a business, farm, or profession; (C) Periodic payments from pensions or retirement programs, including Social Security or Veteran's Benefits, Disability payments, or insurance contracts; (D) Interest, dividends, rentals, royalties, or other gain derived from investment of capital assets; (E) Gain or loss from the sale, trade, or conversion of capital assets; (F) Unemployment insurance benefits; (G) Worker's Compensation benefits; and (H) Benefits in lieu of compensation including military pay allowances. The court may enter an order allocating the reasonable child care expenses for the child, which are due to employment of either parent, job search of either parent, or the training or education of either parent necessary to obtain a job or enhance earning potential. The court may consider whether the Federal Child Care Tax Credit for such minor child is available as a benefit to the custodial parent. If the Federal Child Care Tax Credit is available to the custodial parent, it shall be calculated at twenty-five percent of the eligible expense. (South Dakota Laws - Volume 9A - Title 25 - Chapters: 25-3-11, 25-4-38, 25-4-45, 25-7)
South Dakota Common Questions
How Do I Know if I Should File in South Dakota?
One would typically file for divorce in the state in which he or she or his or her spouse resides. If you have recently moved to a new state and wish to file in that new state, you may have to establish residency prior to filing.
If you are in the military and are stationed on a base outside your residency state, you typically are able to file in that state or in your residency state.
If you are in the military and are stationed overseas, you would typically file in your home residency state.
Can I Use 3StepDivorceTM if I Have Children?
Yes. The system and your documents will address all the issues regarding your children such as, but not limited to; custody arrangements, visitation and time-sharing, child support, and medical coverage.
How Much Are the South Dakota Filing and/or Court Fees?
The filing and/or court fees are not included in our fee and typically range from $50.00 to $350.00 in total depending on your location of filing and whether or not you have children. The 3StepDivorce service will typically help you yield the lowest filing fee for you because both you and your spouse are in agreement.
How Long Will the Process Take in South Dakota?
The process takes an average of less than 1 hour to answer the required questions and generate the documents. Once you file your documents with the court according the filing procedures, the length of time will vary depending on the number of cases in front of yours. Each court has only one or just a few Judges, Masters, or Referees to review all the pending cases.
Should I File or Should My Spouse File?
As a rule of thumb, for uncontested divorces, the spouse who really wants the divorce to be finalized typically does the filing.
Where and How Do I File My Documents?
The documents are filed at your local county courthouse in the family law or domestic relations division or department. Inside your account you will receive step-by-step filing procedures.
Can I Mail or Fax My Documents to the Clerk?
Many courts do permit you to mail and/or fax the documents. This will vary from county to county and state to state, so it will be best to check with the clerk at the courthouse when you are ready to file.
Do I Have to Go to Court in South Dakota?
Depending on your state and your situation, you may or may not have to attend a short hearing. Most of the time when a hearing is required, it only lasts 10-15 minutes and only the filing spouse must attend. The hearing is where you will be granted your divorce and the judge will sign the final judgment or decree.
Do I Have to Also Hire a Lawyer?
3StepDivorce is designed for you to do your own uncontested divorce without hiring a lawyer. You will be acting as your own lawyer and filing for your own divorce. Should you need or desire legal advice or should your divorce become contested, we do suggest you hire the services of a lawyer.
Will My Name Also Be Changed?
The wife has the option to change her name back to her former or maiden name through the 3StepDivorce solution.
When is the Divorce Actually Finalized in South Dakota?
The divorce is typically finalized when the Judge signs the final judgment or decree. We give a window of 30-90 days from the filing date, but this will vary due to case load at the courthouse and any mandatory waiting periods.
South Dakota Divorce Forms
South Dakota Forms: Our question and answer technology will allow you to easily complete your Alaska divorce forms for an uncontested divorce. Our goal is to give you full control and make "doing your own divorce", fast, easy, and affordable.South Dakota Divorce Forms List
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All Your Completed South Dakota Divorce Forms
Everything in Writing As Suggested by Lawyers & Judges
East to Follow Step-by-Step Filing Procedures
Instant Delivery & Editing Without the Wait
Unlimited Free E-mail and Phone Product Support
Works With or Without Children
100% Court Approval Guarantee or Your Money Back
Real-Time Customer Ratings and Reviews
This easy to use online divorce is a "do it yourself (without a lawyer)" solution for any uncontested divorce (with or without children) that will be filed in the State of South Dakota. An uncontested divorce is one in which you and your spouse are in agreement and eliminates the stress and expense of settling your divorce in court.
With 3StepDivorceTM you will complete and instantly print your divorce forms (including a marital settlement agreement), and step-by-step filing procedures to file your own divorce in a timely, professional, and hassle free fashion. The online software is designed to give you full control of your divorce and also avoids the use of third party data entry, thus helping protect your personal information and privacy.
3StepDivorceTM is a premium online divorce solution provided by Divorce Source, Inc., the owner and operator of the Divorce Source Network, the web's largest and most visited divorce resource since 1997.
|Provided by Divorce Source (online since 1997) Over 500,000 forms processed.||Have your completed documents within 1 hour (with or without children)||Instantly print your documents (free delivery by US Priority Mail is also available).||Instantly make changes (gives you full control, the way it should be!)||All required divorce documents ready for signing.|
|Step-by-Step filing procedures (who, what, where & when)||Court approval or your money back (100% guaranteed).||Unlimited toll free phone and email product support.||Online Divorce Organizer & 40+ Self-Help Divorce eBooks||Free Online Negotiation Tool (just in case you can't agree!)|