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.
- Page 63
-
In South Dakota, what is needed for an enforceable contract?
Under South Dakota law, an enforceable contract requires:
- Parties capable of contracting;
- Their consent;
- A lawful object; and
- Sufficient cause or consideration.
-
In South Dakota, what is a contract?
Under South Dakota law, a contract is an agreement to do or not to do a certain thing.
-
In South Dakota, what is an independent contractor?
South Dakota law provides that services performed by an individual for wages are considered to be "employment" unless it is shown that:
(1) The individual has been and will continue to be free from control or direction over the performance of the service, both under his contract of service and in fact; and(2) The individual is customarily engaged in an independently established trade, occupation, profession, or business.
If both of these exceptions are met, the person may be considered an "independent contractor."
-
I am opening a business in Sioux Falls. I've heard that noncompete agreements are not enforceable. Is this true?
Noncompete agreements are worthless."
No, this is not true. Unfortunately, some small business owners often believe that noncompete agreements "are not worth the paper they're written on."
In South Dakota, noncompete agreements can be enforced under certain conditions. For some small businesses, a well-drafted noncompete agreement is often one of its most valuable legal documents.
-
I am about to open a business in Sioux Falls, South Dakota. Should I just bypass a lawyer and go online for my legal needs?
No. Generic legal documents are all over the Internet. Unfortunately, these documents are probably inadequate for your business and may leave you exposed to future legal problems. Every business document must be tailored to your specific situation.
Relying on online legal advice is also risky. Unfortunately, you may spend a significant amount of time and money trying to "unring the bell" and undo what you've already done based on bad online advice.
-
I am about to open a business in Sioux Falls, South Dakota. Should I just get my business going and then worry about legal issues later?
No. One of the worst pieces of advice given to South Dakota small business owners is to delay the "legal issues" until your business achieves a certain income.
Delaying the "paperwork hassle" and "legal fees" may sound like good business strategy. However, failing to incorporate could result in your personal liability for injuries or damages. For instance, if your flower shop delivery driver accidentally hits a motorcyclist, there could be serious legal consequences.
Also, avoiding the "legal issues," such as forming a corporation or limited liability company (LLC), can result in expensive litigation to resolve later disputes about company structure, company ownership, and company profit distribution.
-
In South Dakota, can a school board hire a teacher whose certification is revoked or suspended?
No. Under South Dakota law, no school board may employ a person whose certificate is revoked or suspended.
-
I am currently getting divorced in South Dakota. How should I discuss this with my children?
The American Academy of Child & Adolescent Psychiatry has these suggestions for talking about divorce with your children:
- Do not keep it a secret or wait until the last minute.
- Tell your children together with your spouse.
- Keep things simple and straightforward.
- Tell them the divorce is not their fault.
- Admit that this will be sad and upsetting for everyone.
- Reassure your children that you both still love them and will always be their parents.
- Do not discuss each other's faults or problems with the children.
-
In a South Dakota divorce, am I entitled to my spouse's Social Security benefits?
In South Dakota, you may be entitled to up to one-half of your former spouse's Social Security benefits when you retire. This rule applies when:
- Your marriage lasted more than 10 years; and
- You are at least 62 years old and have not yet remarried.
-
In a South Dakota divorce, what insurance issues should I be aware of?
In a South Dakota divorce, one of the most important issues is the proper designation of beneficiaries on your insurance policies. If your former spouse is your insurance beneficiary, it probably makes sense to change this to perhaps your children, parents, or siblings.