How to get divorce in South Dakota
The information below will help the interested person understand more about the divorce in South Dakota.
The common steps of how to get divorce in South Dakota:
Divorce is a legal process and in order to obtain divorce, the marriage must be recognized by South Dakota law.
Spouses must comply with the conditions of the state of residence, and it is not necessary that both spouses are residents of South Dakota. Only the Plaintiff (the spouse who is suing) must live in the state. If a couple has underage children and they are residents of another state, then the Plaintiff does not have the right to claim custody, based on the legislation of South Dakota. If the Respondent (a spouse who does not file a claim) owns property in another state, then it can not be divided during divorce based on the legislation of South Dakota.
Spouses should have grounds for divorce. South Dakota gives the right to receive both fault and no-fault divorce, but in the case of a fault divorce, the Plaintiff will have to prove the fault of his or her spouse in court.
It is possible to get an uncontested divorce. It is possible in case when spouses discussed all the divisive issues of divorce and came to a decision that they signed documented. If the spouses can make compromises, the divorce will be granted 60 days after the petition is submitted to the court. Along with the petition, the interested person also needs to file a written agreement, which the couple has about the key moments of the divorce. If the spouses can not agree and the only decision remains the court hearings, where the judge will decide on the disputes, then the divorce will be called the contested divorce in South Dakota.
Regardless of the type of divorce, all couples passing through the dissolution of marriage need to fill out the divorce form documents.
Completed divorce form documents need to be brought to court. After that, the interested person is obliged to notify his or her spouse about the beginning of the divorce proceedings, in simple terms, to transfer to him or her copies of the papers, this is also called the serving of the spouse.
After the spouse is informed, the court will set a waiting period of 60 days. If the divorce is uncontested, then the divorce will be granted in 60 days after the application is filed with the court, provided that all the papers are filed correctly. If the divorce is contested, after 60 days the court will set the date of the first hearing regarding to the case.
It is required to be a bona fide resident of the state and reside in South Dakota at the time of applying to the court and throughout the entire trial until a divorce is finally granted.
If the interested person spouse is not a resident of South Dakota, the interested person can still file a divorce petition in South Dakota, but keep in mind that if the minor children live with the spouse (children are not residents of South Dakota), he or she will not be able to claim custodial rights.