Our 3StepDivorceTM Online Divorce for South Dakota is offered with a peace-of-mind 100% guarantee.
We offer a 100% guarantee that the documents provided will be accepted by the South Dakota courts to finalize your divorce.
In the event that the documents provided are not accepted by the South Dakota court due to the fault of 3StepDivorceTM, you will be provided a 100% refund (with no handling fee).
Our support staff will always give each individual customer personal attention should they have difficulty. We have both e-mail and phone support. This being said, prior to issuing a refund, we reserve the right to meet any courts requests regarding changes to the documents.
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)
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 Forms: Our question and answer technology will allow you to easily complete your South Dakota 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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A total of 113 people have started their divorce through 3StepDivorceTM in the last 24 hours and 811 in the last 10 days. The streamlined and user-friendly process, instant document delivery, and unlimited free support makes us the go-to solution to do your own divorce. Our simple and inexpensive process provides you with all your completed divorce papers in as little as 20 minutes. Instantly access your completed divorce forms after a short online interview. It is that easy, no lengthy completion or delivery times.
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 3StepDivorce TM you can complete and print your South Dakota divorce forms (including a marital settlement agreement) instantly. We've created a helpful, step-by-step filing procedures to file your own divorce in South Dakota 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. If you're not ready to file for an uncontested divorce in South Dakota, learn more about getting your Separation Agreement or learn more about the basics of divorce in South Dakota and how to do your own divorce in South Dakota . Also, If you have any questions try visiting our South Dakota Divorce Online Help Center .
We provide unlimited support for all of our customers during their divorce in SD. We take great pride in being able to respond to our customers in a "human" to "human" approach (as you can see, we do not hide our toll free number (888) 665-6782). We understand the need a customer may have to talk to a person rather than the typical automated voice or e-mail support system. Please keep in mind that we are not lawyers and we do not give out legal advice. If you need legal advice regarding your uncontested divorce in South Dakota, we recommend that you contact a lawyer in your area.
In almost all cases, you file for a divorce in the state where you reside. This means that if you are a resident of South Dakota, you file in South Dakota and are governed by South Dakota's divorce laws even if you were married, for example, in California.
You must meet South Dakota's residency requirement for a South Dakota court to have jurisdiction over your divorce.
South Dakota 3StepDivorce™ works as long as both you and your spouse agree about everything, and both of you are willing to sign the divorce paperwork.
You do not have to sign the papers together, at the same time and place, but the South Dakota 3StepDivorce™ requires both spouses to sign.
It sure does. The South Dakota 3StepDivorce™ allows you to address all issues regarding children, including but not limited to, physical and legal custody, visitation and support, care, health insurance and tax deductions.
Thousands of people divorce in South Dakota every year without hiring a lawyer.
When spouses cannot agree about the terms and conditions of their divorce, they sometimes end up in court where a judge makes decisions for them. This is called a contested divorce, and hiring a lawyer is a good idea in this case.
When a South Dakota divorce case is uncontested and both parties are willing to sign, (when you and you spouse agree about everything) filing your own divorce is a common choice in order to cut down legal expenses. Read about the advantages of filing your own uncontested divorce in South Dakota.
The residency requirements for a divorce in South Dakota are as follows:
The Plaintiff must be resident of South Dakota at the time of the filing and remain a resident until the divorce is final. This requirement applies to members of the armed forces stationed in South Dakota. The divorce may be filed in the county where either spouse resides, but the Defendant has the right to have it transferred to his or her county of residence. A 60-day waiting period must elapse between the filing and the granting of the divorce.
Yes. The divorce paperwork requires a signed authentication that you have been a bona fide resident of South Dakota.
This is a state law.
Signing false statements is perjury.
If the court requires proof for some reason, typically a South Dakota driver's license or state identification is sufficient. An affidavit of a corroborating witness testifying about your residency also works.
Your spouse does not need to live in South Dakota to use 3StepDivorce™. After you have printed all the divorce paperwork, you simply mail the documents to your spouse and he or she signs them. After your spouse returns them, you file in your local county court.
Very often divorcing spouses live in different states.
The grounds for divorce in South Dakota are as follows:
No Fault: Irreconcilable differences.
Faulty: 1) adultery, 2) extreme cruelty, 3) willful desertion, 4) willful neglect, 5) habitual intemperance, 6) conviction of felony.
Once the divorce paperwork has been filed in court, it takes at least 60 days for a divorce to be final. The start to finish time of the divorce may vary depending on the caseload of the court and the availability of judges to sign the final Decree of Divorce.
3StepDivorce™ saves time because all lengthy delivery times are eliminated when you print your documents from your computer. You control revisions and reprintings as necessary.
In South Dakota, a divorce hearing is not typically required as long as the proper pares are filed on time. If there are children involved, a short hearing may be required, generally about 15 minutes, gives the court an opportunity to make certain that you understand the parameters of custody, visitation and support that are ordered as part of your divorce.
If there are no children, the process in very streamlined. Since you and your spouse are in agreement, there is nothing for the court to decide. Learn more about divorce hearings in South Dakota
There is no mandatory waiting period is South Dakota.
Yes. 3StepDivorce™ includes a protocol for the wife to take back her former or birth name as part of the filing. It is easier to effect a name change during the divorce rather than after the divorce is finalized. Read more about a name change during a divorce in South Dakota.
Separate and marital property and debt is identified and addressed in your 3StepDivorce™ account. A series of questions itemizes property and debt, dividing and allocating both according to what you and your spouse have agreed to. The answers become part of the divorce documents, so it is clear to you, your spouse and the court how assets and liabilities have been divided.
Yes. You answer a few questions dealing with individual retirement accounts. You have the option of waiving rights to each other's account(s), or dividing any marital portion of an account by a specific percentage or a dollar amount.
Once again, a few questions inside your account deal with the disposition of the marital home. All possible scenarios are covered -- sale, planned sale, transfer from one spouse to the other, and co-ownership.
A few questions in your account deal with temporary or permanent spousal support. Rights to spousal support may be waived, or a couple can agree to a specific amount for a set period of time. These questions define and limit the parameters of the desired spousal support, which often terminates upon remarriage or cohabitation.
South Dakota requires that a support order be put in place for all minor children.
3StepDivorce™ provides the South Dakota Child Support Guideline Worksheet, so you can easily calculate the state's recommendation for monthly support, but you have the option of taking these recommendations under advisement. The courts realize that you and your spouse know your situation better than they do, so they may approve any reasonable support amount, even if it is different from the one on the state worksheet.
We provide South Dakota Child Support Worksheets inside your account. These worksheets make it very easy to calculate a monthly support amount. The support calculation is based on a number of variables, but the primary one is income.
Once you have calculated the amount, you and your spouse decide if you want to deviate from it and the reasons for doing so.
Yes. Once you and your spouse agree to a monthly child support amount, a judge reviews your decision. He or she will accept it if it seems reasonable. However, if it seems too high or too low, the judge will want an explanation why the two of you came to amount so much at variance from the state guidelines. Your explanation and reasons for it determine whether or not the judge accepts your proposed child support amount.
South Dakota, which bases its child support on the Income Shares Model, permits deviation from this regime when the child's needs are not being met through the income of the parents. Savings, life insurance, as well as the parents ability to borrow, may be used to determine the financial ability of the parents to pay.
The court may enter an order allocating the reasonable child care expenses for the child, which are those due to the employment of either parent, job search of either parent or job training necessary to find a job or enhance earning potential. The court may consider whether the Federal Childcare Tax Credit is available as a benefit to the custodial parent.
Yes. Child support can be modified based on a change in circumstances. In South Dakota, a change in circumstances means "a significant change in circumstances," generally, changes "not considered when the original judgment was entered" that are "permanent and substantial" and/or "affect one's current standard of living."
Yes. Child custody arrangements can be modified when, for example, they break down because of the conduct of one of the former spouses.
Yes. The terms and conditions of both sole and joint/shared custody are defined by you and your spouse.
Yes. You can either use a standard schedule that we provide in your account, or you can use our option to customize your own.
You answer a few questions and your custody arrangements are prepared for you.
Yes. Some of the divorce papers need to be notarized. The step-by-step filing instructions explain who signs what and whether a particular document needs to be notarized. The documents requiring notarization contain notary clauses below individual signature lines.
No. If desired, each of you may sign and/or notarize a document at a different time and/or place.
As mentioned, very frequently spouses sign and notarize the documents at different times and places because they live apart in different states. This happens often, for example, when one of them has moved or is in the military.
In South Dakota, the divorce papers are filed in the County of __________, in the Circuit Court ___________ Judicial District, which is the local county courthouse, where the Domestic Relations or Family Law department accepts the divorce filing. The divorce documents are submitted to the Clerk of the Courts. You pay a filing fee, and the clerk assigns the case a case number.
In South Dakota, the fees vary by county. If you want to know the exact amount, you can call the courthouse and ask.
Filing fees underwrite the cost of the court system, but in the case of indigent petitioners these fees may be waived.
Normally, an indigent petitioner completes a very short form at the time of filing. This form asks the court to waive the fees because of financial hardship.
Yes. If you have signed up but not filed any divorce papers, then nothing must be done. If you have initiated the action by filing the Complaint for Divorce, your case can be dismissed by petitioning the court to do so. Normally, this can only be done by the filing spouse and must be done in writing. He or she must file a Dismissal.
Often the clerk of the court can help a person remove a case from the court docket.
The South Dakota 3StepDivorce™ includes the following documents:
- South Dakota Filing Instructions
- Affidavit of Plaintiff and Defendant as to Jurisdiction and Grounds fro Divorce
- Complaint for Divorce
- Marital Settlement Agreement
- Schedule for Visitation/Parenting Time of Minor Children
- Affidavit of Proof for Stipulated Judgment
- Financial Affidavit (Plaintiff)
- Financial Affidavit (Defendant)
- Answer to Complaint for Divorce
- Affidavit Regarding the Children
- Child Support Worksheet
- Child Support Schedule
- Notice of Final Hearing
- Final Decree of Divorce
- Notice of Entry of Judgment and Decree
- Affidavit of Service
3StepDivorce TM is a premium online divorce solution, a sister company of Divorce Source, the owner and operator of the Divorce Source Network, the web's largest and most visited online divorce resource since 1997.
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