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 74
I am seventeen years old and want to get married in Brookings, South Dakota. Do I need my parents' permission?
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.
Does South Dakota recognize a same-sex marriage from another state?
No. South Dakota does not recognize a marriage between two persons of the same gender which was contracted from another state.
What are the two ways that a marriage can be dissolved in South Dakota?
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.
What is the average age of a child waiting for adoption in South Dakota?
According to the South Dakota Department of Social Services, the average age of a child waiting to be adopted is 9 years of age.
What is the Interstate Compact on the Placement of Children?
The Interstate Compact on the Placement of Children is a law in all 50 states (including South Dakota), Washinton, D.C. and the Virgin Islands. It applies to the placement of minor children made from one state to another by public and private agencies, the courts, independent placers (i.e., physicians and attorneys), and individuals.
Excluded from the Compact requirements are close relatives, such as parents, step-parents, grandparents, adult brothers and sisters, adult uncles and aunts, and unrelated legal guardians who both send and receive the child. Also excluded are placements into educational and medical facilities.
Does the South Dakota Department of Social Services pay attorney fees for adoption finalization?
Yes. The South Dakota Department of Social Services does pay attorney fees for adoption finalization of children that are placed through the Department. Non-recurring adoption expenses are covered by Child Protection Services for special needs children up to $1,500, which is a one-time-only fee.
What happens if we move from South Dakota to another state and we have an adoption subsidy or Medicaid with the Department of Social Services?
You should notify the Department of your new address and phone number. The Department will transfer Medicaid to the new state. You will continue to receive the monthly subsidy payment.
Do I really need help with my mother's probate in South Dakota or can I just do it on my own?
You can certainly do your mother's probate in South Dakota on your own. However, probate can often be complicated and you should seriously consider hiring a South Dakota probate attorney to make sure the process is done correctly.
Of course, when trying to find a South Dakota probate attorney, you should make sure he/she is licensed in South Dakota and has experience in probate issues.
What is a step-parent adoption in South Dakota?
A step-parent adoption is when a step-parent petitions the court for adoption of his or her spouse's child (current spouse of step-parent) from a former marriage or relationship. Both the parent retaining custody and the other birth parent must consent to the adoption. Step-parent adoptions do not require an adoptive home study or investigation. The child is not being placed for adoption, rather they are joining the family with a birth parent.
What is an independent adoption in South Dakota?
In South Dakota, an independent adoption is when a birth parent places a child directly with prospective adoptive parent(s) for the purpose of adoption.