The Swier Law Firm Family Law FAQs

In South Dakota, willful desertion is the voluntary separation of one of the married parties from the other with intent to desert.

In South Dakota, willful neglect is the neglect of a person to provide the common necessaries of life for his or her spouse, when having the ability to do so; or it is the failure to do so by reason of idleness, profligacy, or dissipation.

In South Dakota, habitual intemperance is that degree of intemperance from the use of intoxicating drinks which disqualifies the person a great portion of the time from properly attending to business, or which would reasonably inflict a course of great mental anguish upon the innocent party.

In South Dakota, irreconcilable differences are those grounds which are determined by the court to be substantial reasons for not continuing the marriage and which make it appear that the marriage should be dissolved.

The South Dakota Legislature has established guidelines which courts must follow to determine that an equitable share of parental income and resources are allocated to the child when that child’s parents are separated, divorced or unmarried.

The combined monthly net incomes of both parents are used in determining the obligation and divided proportionately between the parents based on their respective net incomes. The noncustodial parent's proportionate share establishes the amount of the child support order.

The court may also apportion the costs for child care and health and dental insurance between the parents.  These guidelines are presumed appropriate unless either parent presents evidence warranting a deviation.

Orders are established in accordance with the South Dakota child support guidelines.  To determine the child support payment based on the combined monthly net income of both parents and the number of children, you can utilize the Child Support Obligation Schedule.

In South Dakota, a marriage can only be dissolved in two ways:

• By the death of one of the parties; or
• By the judgment of a court of competent jurisdiction decreeing a divorce of the parties.

In South Dakota, a public agency adoption is when a child has been placed in the Department of Social Services' custody, parental rights have been terminated, and the children are legally clear for adoption.

In South Dakota, marriage is a personal relation, between a man and a woman, arising out of a civil contract to which the consent of parties capable of making it is necessary. Consent alone does not constitute a marriage; it must be followed by a solemnization.

In South Dakota, any person who is eighteen years of age or older, and who is not otherwise disqualified, is capable of getting married.  If either applicant for a marriage license is between the age of sixteen and eighteen, that applicant must submit to the county register of deeds a notarized statement of consent to marry from one parent or legal guardian of the applicant.

Yes.  In South Dakota, if you are seventeen years old or younger, you cannot receive a marriage license without the written consent of your parent or guardian.