Get Answers to Your Highest Priority South Dakota Legal Questions

Yes.  Under South Dakota law, a court considers:

• A conviction of domestic abuse as defined in subdivision 25-10-1(1); or
• A conviction of assault against a person as defined in subdivision 25-10-1(2), except against any person related by consanguinity, but not living in the same household; or
• A history of domestic abuse.

A conviction or history of domestic abuse creates a rebuttable presumption that awarding custody to the abusive parent is not in the best interest of the minor. 

No.  In South Dakota, fault is not to be taken into account with regard to the awarding of child custody, except as it may be relevant to the fitness of either parent in awarding the custody of children.

No.  Under South Dakota law, fault is not taken into account with regard to the awarding of property, except as it may be relevant to the acquisition of property during the marriage.

Under South Dakota law, when a divorce is granted, the court may make an equitable division of the property belonging to either or both parties, whether the title to such property is in the name of the husband or the wife.  In making this division of the property, the court shall have regard for equity and the circumstances of the parties.

In South Dakota, if parents are unable to agree on their own Parenting Plan, the South Dakota Parenting Guidelines become mandatory and will be used as the parties' Parenting Plan.

Yes. Under South Dakota law, while an action for divorce is pending, the court may in its discretion require one spouse to pay as alimony any money necessary to support the other spouse or the children of the parties, or to prosecute or defend the action.

Under South Dakota law, an action for divorce (or separate maintenance) may be started in the county of residence of either party, subject to the right of the defendant to have the place of trial changed to the county where the defendant resides.

Yes.  Under South Dakota law, "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.

In South Dakota, upon the filing of a summons and complaint for divorce by the plaintiff, and upon personal service of the summons and complaint on the defendant, a temporary restraining order shall be in effect against both parties until the final decree is entered, the complaint dismissed, or until further order of the court:

             (1)      Restraining both parties from transferring, encumbering, concealing, or in any way dissipating or disposing of any marital assets, without the written consent of the other party or an order of the court, except as may be necessary in the usual course of business or for the necessities of life, and requiring each party to notify the other party of any proposed extraordinary expenditures and to account to the court for all extraordinary expenditures made after the temporary restraining order is in effect;

             (2)      Restraining both parties from molesting or disturbing the peace of the other party;

             (3)      Restraining both parties from removing any minor child of the parties from the state without the written consent of the other party or an order of the court; and

 

             (4)      Restraining both parties from making any changes to any insurance coverage for the parties or any child of the parties without the written consent of the other party or an order of the court unless the change under the applicable insurance coverage increases the benefits, adds additional property, persons, or perils to be covered, or is required by the insurer.

    

Yes.  South Dakota law in this area shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of the Uniform Premarital Agreement Act among states enacting it.