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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In South Dakota, is there an obligation for parents to support their children?
Yes. Under South Dakota law, the parents of a child are jointly and severally obligated for the necessary maintenance, education, and support of the child in accordance with their respective means.
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In South Dakota, is a stepparent required to support a spouse's child from a previous relationship?
Yes. Under South Dakota law, a stepparent must maintain his spouse's children born prior to their marriage and is responsible as a parent for their support and education. However, this responsibility does not release the natural or adoptive parents from any support obligation.
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How does a South Dakota court determine child support?
In South Dakota, the combined monthly net incomes of both parents are used in determining the child support obligation - this is then divided proportionately between the parents based upon their net incomes.
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My ex-husband and I live in Sioux Falls and are considering a change in custody of our daughter. Will this have an effect on the child support payment I receive?
Possibly. Under South Dakota law, if the parents of a child agree to a change in custody (even without the court's approval), the parent who relinquished custody may be ordered to pay child support to the parent who gained custody of the child (even though the custody order has not been modified to reflect the change in custody).
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Must a person filing for divorce in South Dakota be a South Dakota resident?
Yes. Under South Dakota law, the plaintiff in an action for divorce or separate maintenance must, at the time the action is commenced, be a resident of this state, or be stationed in this state while a member of the armed services.
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Does a person filing a divorce action in South Dakota have to remain a South Dakota resident after the action has been started?
No. Under South Dakota law, a person does not need to maintain South Dakota residency or a military presence to be entitled to a decree of divorce.
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I live in Sioux Falls. My husband lives in Brookings. Where can I file my South Dakota divorce action?
A divorce action may be started in the county where either party lives, but the defendant has the right to change the place of the trial to the county where the defendant resides.
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I live in Brookings and will soon be moving to Rapid City. How quickly can I finish my divorce action in Sioux Falls?
In South Dakota, a divorce action cannot be heard, tried, or determined by the court until at least sixty days have passed from the completed service of the plaintiff's summons and complaint on the defendant.
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My wife and I are divorcing in Canton. How is property divided in a South Dakota divorce case?
In South Dakota, when a divorce is granted, the courts may make an fair division of the property belonging to either or both parties involved with the divorce action, whether the title to such property is in the name of the husband or the wife.
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How do South Dakota courts handle child custody issues during a divorce case?
In a South Dakota divorce case, the court may, before or after judgment, advise on the custody, care, and education of the children of the marriage as may seem necessary or proper, and may at any time vacate or change the directions given to the parties.