Divorce papers in South Dakota — filing for divorce in SD
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Online divorce in South Dakota

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Disclaimer: Online Divorce is not a law firm and its services, website and forms are not a substitute for the advice of an attorney. Online Divorce provides access to computer-aided self-help services at your specific direction. Online Divorce's website and written instructions provide general information about the divorce process only; we cannot give you any specific advice, opinions or recommendations as to your selection or completion of forms or your particular legal rights, remedies or options. OnlineDivorce.com is a website that provides access to self-guided online questionnaires. Online Divorce does not sell blank forms. You may be able to download blank forms from a government website depending on your state.

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by Jamie Kurtz

Jamie Kurtz is a practicing divorce lawyer. She has been practicing law since 2008. She received her Juris Doctorate degree from Southwestern Law School in Los Angeles in 2007. Jamie Kurtz was selected to Rising Stars for 2013 - 2016, 2019 - 2020. This peer designation is awarded only to a select number of accomplished attorneys in each state. She has also co-founded a law firm that specializes in uncontested divorce cases.

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Online Divorce in South Dakota

divorce in South Dakota

For those seeking an inexpensive divorce in the state of South Dakota, online divorce is an easy, affordable and fast solution. Online divorce may be appropriate for couples who have an uncontested case. The step-by-step process of preparing divorce documents at Onlinedivorce.com makes it easy on you. We help prepare all of the necessary divorce forms and provide detailed written instructions on how to file your divorce in South Dakota.

Our divorce documents preparation service can be a perfect solution for those who want to have their divorce papers completed quickly and stress-free. Even though South Dakota has unique divorce forms and filing requirements, our online system can provide you with exactly what you need and provide instructions on how to file. We have helped thousands of people prepare their divorce documents for filing.

If you and your spouse agree on the terms of the divorce and want an amicable dissolution to your marriage, why should the process get drawn out and why should you spend money on lawyers? Online divorce is often cheaper, quicker and easier.

Online divorce can be a perfect option if you want to save money or if you hope to have your divorce quickly finalized so you can get on with your life. Preparing documents for divorce online in South Dakota is quickly becoming very popular because you can complete the documents in the comfort of your home. Even if you think your case is too complex because you have children, own your own home or have other assets, you may still be able to prepare your documents online. Just start with our simple questionnaire, and we’ll provide you instructions for each step of the way.

Finally, you don’t have to worry - our process is 100% secure. We protect your information and nothing is filed until you submit the divorce papers to the courthouse yourself. Filing for divorce in South Dakota with the Onlinedivorce.com system can be a simple solution to a difficult situation.

Filing:

When you use OnlineDivorce.com, we help you fill out your divorce paperwork using a simple online questionnaire. You can fill it out alone or with the assistance of your spouse. Then, you will need to get a signature from your spouse and you can file the divorce forms with your local court. In South Dakota, you will typically file with the courthouse in the county in which you currently reside. If a petitioner is not currently a resident, but a defendant is, divorce is typically filed in the county where the defendant resides.

The actual filing process is explained in our detailed court-filing instructions that we provide along with your completed divorce forms. You can also obtain assistance from your local courthouse by calling or stopping by.

After the initial filing, you may need to follow up if there are any issues with your documents. When you use OnlineDivorce.com, we allow you to make small adjustments to your forms as requested by the court at no additional charge. Our goal is to help you obtain your divorce with as little hassle and stress as possible using our online divorce documents preparation service.

Residency:

Every state has specific requirements where divorcing couples must establish residency within the state they are divorcing. South Dakota is no exception. To file for divorce in South Dakota, one or the other spouse must live in the state or serve in the armed forces in the state.

There are many ways to prove that residency has been established. The easiest way is if one or both spouses have a valid and in-date South Dakota driver’s license, ID card or voter’s registration card which was issued at least six months before filing for divorce. If this is not the case, it may be possible to establish residency, by having someone who knows you or your spouse testify that you have lived in the state for at least six months. Additionally, it may be possible to use an Affidavit of Corroborating Witness form, and it should serve as proof you’ve lived in the state a minimum of six months.

As for proving residency within a specific county, varies from county to county in South Dakota. More information will be provided as you work through the process of filling out your questionnaire on OnlineDivorce.com

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Valid grounds to get divorce in South Dakota

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Grounds for an online divorce using OnlineDivorce.com are the same as they would be for any divorce within the State of South Dakota. Grounds are merely the reason for divorce, and the state must approve them.

Establishing grounds is an important step in filing for divorce. This should be done together and both spouses must agree, unless one spouse plans to prove otherwise in a court of law in a contested divorce. South Dakota’s no-fault grounds for divorce are irreconcilable differences, which have caused the irretrievable breakdown of the marriage with no probable chance of reconciliation . A few of the potential fault-based grounds (or reasons) for divorce in South Dakota include, but are not limited to, adultery (marital infidelity), conviction of a felony (whether or not it leads to imprisonment), willful desertion or abandonment and cruel or inhuman treatment.

OnlineDivorce reviews

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Custody of the child in South Dakota

Custody of the child

Sole or joint legal or physical child custody may be awarded and is based on the discretion of the court and what would be in the best interests of the child. Fault is not to be considered in custody decisions unless it is relevant to determining the fitness of a parent to have custody. Neither parent is considered the preferred parent based on the parent’s gender. The preference of the child may be considered. In joint custody decisions, the court may consider the expressed desires of the parents and the best interests of the child.

No other specified factors are included. There are a number of Child Visitation Guidelines established by the South Dakota Supreme Court which shall be used to create visitation schedules, unless the parents offer a signed agreement providing otherwise. [South Dakota Codified Laws; Title 25, Chapters 25-3-11, 25-4-25, 25-4-45.1, 25-4A-12, and 25-5-7.1 to 25-5-7.3 and South Dakota Case Law].

Rules for child support in South Dakota

South Dakota’s standard child support rules and regulations will apply in almost every divorce case, barring extraordinary circumstances. Both parents’ gross incomes and some child related expenses will be considered as the child support is calculated. Child support continues until the child reaches age 18 and it may extend until the completion of secondary education in some cases.

Either of the parents or both of them may be required to provide child support. There is an official child support obligation schedule in the statute. Any deviation from the official schedule can be based these considerations:

  • The financial condition the parents that would make application of the typical schedule inequitable;
  • Any Income tax consequences;
  • Any special or exceptional needs of the child or children;
  • Income from other persons or sources;
  • The ongoing effect of custody and visitation provisions;
  • Childcare expenses which are necessary to obtain employment, education, or training;
  • Any agreements between the parents which would provide other forms of support for the benefit of the child;
  • A voluntary reduction in income of either of the parents; and
  • Any other support obligations that one or both of the parents may have.

The support payments can be ordered to for payment through the court clerk. Wage withholding orders may also be ordered in certain cases. [South Dakota Codified Laws; Title 25, Chapters 25-3-11, 25-4-38, 25-4-45 and 25-7-6.2 to 25-7-6.12.].

Uncontested South Dakota divorce with children

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Rules for spousal support in South Dakota

Rules for spousal support

Alimony, which can be sometimes referred to as spousal support, may be ordered by the court to help a spouse live and comfortably exist in a manner established during marriage after the divorce. Assistance may be decided together upon by the couple before filing or it may be awarded by the court in a contested marriage dissolution case.

Either spouse can be awarded maintenance for their natural life or on a short-term basis. The only factor which is specified in the statute is a due consideration of any circumstances of the spouses. South Dakota courts regularly have interpreted this requirement to include the following factors:

  • The length of the marriage;
  • The ability of the spouse from whom marital support is sought to meet his or her requirements while also meeting those of the spouse seeking support;
  • The financial resources of the spouse who seeks maintenance, to include marital property which is given to such spouse and a spouse’s ability to meet needs independently;
  • The financial resources of the spouses on a comparative basis, including their earning abilities in the labor market;
  • The ages of the two spouses;
  • The physical and emotional wellness of the spouses;
  • Any fault of the spouses leading to the divorce.

Reasonable security can be required to guarantee the payment of marital maintenance. [South Dakota Codified Laws; Title 25, Chapters 25-4-42, 25-4-44, 25-4-45.1, 25-7A-20 and South Dakota Case Law].

Property division in South Dakota

Property division

South Dakota is considered an “equitable distribution” state. All of each spouse’s property is equally divided by the court to the best possible degree. Marital fault is not considered a factor unless it is relevant to the acquisition of property during the course of the marriage. The only factor which is specified in the statute is a consideration of the equity and any circumstances of the spouses. South Dakota courts have historically interpreted these statutes to include the following factors for their consideration:

  • The contribution that each spouse made to the acquisition of the marital property, including the contribution of each spouse as homemaker;
  • The value of each spouse’s personal property;
  • The duration of the mar­riage;
  • The age and wellness of the spouses;
  • The current and potential earning capability of each spouse;
  • The overall value of the property; and
  • Any income-producing capacity of each of the spouse’s assets. [South Dakota Codified Laws; Title 25, Chapters 25-4-44 and 25-4-45.1 and South Dakota Case Law].

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Contested Divorce

Average prices start at $2000

Offline and inconvenient process with attorney representation for each spouse. Costly attorney fees resulting in unpredictable expenditures. Overall lenghty and expensive way to go.

  • Attorney availability impacts completion time
  • Each spouse has to hire an attorney, which automatically doubles legal fees
  • Potential court battles adding to already high stress levels
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Fully-guided, fast and affordable process. Experienced and reliable online divorce service using top-notch technology.

  • Ready-to-file divorce documents can be completed at your own pace with easy access for both spouses
  • Award-winning customer support
  • One flat fee (for both spouses) to access all completed documents for filing
  • Free revisions and free name change, no hidden fees
  • Detailed state-specific filing instructions
  • Review all and make changes from the comfort of your own home
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Other Online Divorce Services

Average prices start at $300

Other websites for filling out divorce documents use flawed software technologies to complete your divorce documentation.

  • Automated document preparation
  • Processing time varies but may take more than three business days
  • On-demand customer support, quality varies
  • One flat fee claimed, however many sites have hidden fees
  • No experience: many sites started operating just a few years ago

Mediation support in South Dakota

The Courts of South Dakota are allowed to order mediation for a custody or visitation dispute between parents. Either of the spouses can file a motion with the request of mediation of any disputed issues, if a divorce is has been filed. Before the initiation of divorce proceedings, the parties can choose to submit some or all of their issues for mediation so that they may proceed in court on an uncontested basis.

For those seeking to prepare their divorce papers using OnlineDivorce.com, utilizing divorce mediation can be a great tool to smooth out disagreements and prevent the case from going to court. This can be the simplest way to assure a fast, easy and affordable online divorce.

Divorce forms in South Dakota

South Dakota forms produced by OnlineDivorce.com are court approved divorce forms. We have automated the process of filling them out to simplify matters and avoid any difficulties which may occur with filling out paperwork alone. By utilizing OnlineDivorce.com, you can simplify the process of preparing divorce documents and help both parties to move forward with their lives.

Divorce in South Dakota online

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Filing fees for divorce in South Dakota

When you file your divorce papers, the court will charge filing fees that may vary by county. These costs are in addition to the cost of using OnlineDivorce.com. Please check with your local courthouse to determine the exact amount.

How long it will take

The use of the OnlineDivorce.com service usually takes between 30 minutes and two hours or more depending on the complexity of your case. You’ll start filling out the questionnaire immediately and can either complete it in one sitting, or you can save your progress and complete it at a later date if that is more convenient for you.

Once you’ve gotten the documents complete, you will need to file them and get your spouse’s signature. You’ll have more information regarding the finalization of your divorce case once you complete your paperwork and submit it with the clerk of courts.

Here is how OnlineDivorce.com makes completing divorce papers easier:

  • We provide the full divorce packet that is required by a local court - clients do not need to drive to their local courthouse to get the blank forms or search for the right divorce forms online. In rare cases, some local forms specific to a filing county can vary in color, paper material, size and / or scanning bar code so they may need to be obtained from the county clerk's office directly.
  • We complete the necessary forms for clients based on the answers they give in a simple guided online interview - clients do not need to read through the legal jargon and try to figure out how to fill out those forms yourself.
  • We give the detailed and easy to follow step-by-step instructions for filing a divorce with the court - so a client knows exactly what to do to get his/her divorce finalized.
  • We provide unlimited technical support - if a client needs assistance through the online process, he/she can always reach out to us via phone, email or live chat and we'll do our best to help.
  • We save time and money for our clients - if divorcing spouses are in agreement regarding the terms of their divorce, they typically don’t have to pay thousands to a lawyer to handle their divorce forms and they don't need to spend hours trying to do it all by themselves.
  • We guarantee 100% court approval on divorce papers prepared through our website or money back - we have 20 years of experience in completing divorce forms so clients can be sure the court will accept their documents with no issues.