Get Answers to Your Highest Priority South Dakota Legal Questions

Have questions? We have answers! Our South Dakota attorneys answer the questions they hear most often from clients just like you.

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  • My South Dakota business may need both a trademark and a copyright - are these the same things?

     

    No. Trademarks and copyrights are different types of intellectual property. A trademark protects brand names and logos used on goods and services. A copyright protects an original artistic or literary work. For example, if you invent a new kind of refrigerator, you would apply to register a trademark to protect the brand name of the refrigerator. And you might register a copyright for the TV commercial that you use to market the refrigerator.

  • What is a service mark and do I need one for my South Dakota business?

     

    A "service mark" is the same as a trademark, except that it identifies and distinguishes the source of a service rather than goods.

  • What is a trademark and do I need one for my South Dakota business?

     

    A "trademark" is generally a word, phrase, symbol, or design, or a combination of these, that identifies and distinguishes the source of the goods of one party from those of others.

  • Why start a business in South Dakota?

     

    South Dakota is continually ranked as having one of the best business climates for business owners. These rankings show that South Dakota is a great place to earn money - and keep it.

    A South Dakota business owner has a competitive advantage because our state has:

    • No corporate income tax
    • No personal income tax
    • No personal property tax
    • No business inventory tax
    • No inheritance tax

  • Can I receive alimony in South Dakota?

     

    Yes. A court in South Dakota may award alimony to one party, either temporarily or for an indefinite period of time. When making that decision, the court will consider both parties’ circumstances.

  • In South Dakota, what is temporary spousal support?

     

    It is common for attorneys to request temporary relief when a divorce has been started. These are basically temporary orders to help maintain the status quo and spell out the "ground rules" while the divorce action is pending.

     

    Issues such as child custody, support, and visitation are often addressed in these temporary orders. Other things which can also be included are temporary alimony, who will live in the family residence, and how the bills will be paid until the divorce is finalized. 

  • What is an uncontested divorce in South Dakota?

     

    An uncontested divorce is one in which there is no opposition to what is requested in the divorce complaint, or in which both parties agree to the divorce and the terms of the settlement of all issues (property and debt division, alimony, and child custody and support). 

  • How do I get a divorce in South Dakota?

     

    In South Dakota, a marriage can only be dissolved (1) by the death of one of the parties; or (2) by the judgment of a court of competent jurisdiction decreeing a divorce of the parties.

  • I recently signed a revocable living trust. Does this revocable trust protect my assets from a nursing home spend down?

     

    No. This is a very common misconception. There are several reasons to have a living (revocable) trust. However, asset protection planning and nursing home protection are not reasons to have a revocable trust. Under federal Medicaid law and under most states laws, your revocable trust is considered your asset and must be "spent down" before you qualify for long term care in a nursing home. Also, because your revocable trust is your asset, it can also be reached by your creditors if you get sued.

  • What is Subrogation?

     

    Subrogation occurs when another company or party has a claim on some part of your verdict or settlement. It is not unusual that if your health insurance company pays your medical bills associated with an accident, and you recover those bills from another insurance company, you will have to repay your own health insurance company. That is because they are "subrogated" to your claim.