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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What is a private agency adoption in South Dakota?
In South Dakota, a private agency adoption is when a birth parent gives and transfers their legal parental rights to a child to a licensed public or private adoption agency.
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How is an adoption home study completed in South Dakota?
In South Dakota, there are several private agencies and licensed social workers who are willing to provide home study services to independent adopters.
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What is the South Dakota Voluntary Adoption Registry?
The South Dakota Department of Social Services maintains a Voluntary Adoption Registry of adoptees and natural parents who have consented to the release of identifying information about themselves. The purpose of the registry is to facilitate voluntary contact between adoptees 18 years or older who were born in South Dakota and their birth parents.
Siblings of the adopted person 18 or older may also register. The registry is passive, meaning the Department of Social Services does not search for adoptees or for birth parents whose names are not included in the registry.
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Do South Dakota courts treat "marital property" differently than "premarital property" or "inherited property"?
No. With respect to marital property, South Dakota is an "all property state," meaning all property of the divorcing parties is subject to equitable division by the court, regardless of title or origin. This includes inherited property and premarital property.
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My nephew was recently killed in an accident in South Dakota. I have been named my nephew's Personal Representative. I live in Virginia and will need to manage any legal action from Virginia. What should I do?
First, you need to contact an experienced wrongful death lawyer in South Dakota. Wrongful death claims are complicated and they require time and resources to pursue.
Second, you should contact the attorney promptly so that attorney can begin an investigation.
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My teenager just started driving in South Dakota and texts all the time! What information can I give her to show how dangerous texting while driving can be in South Dakota?
You are right to be concerned. Even though many young drivers think they can safely text while driving, statistics show they really cannot. According to the United States Department of Transportation, there are a few statistics that may help your teenager see how dangerous her behavior is:
- In 2010, over 3000 people were killed in crashes involving a distracted driver. An estimated 416,000 people were injured in motor vehicle crashes involving a distracted driver.
- Eighteen percent of injury crashes in 2010 were considered to be distraction-affected crashes.
- Eleven percent of all drivers under the age of 20 involved in fatal crashes were considered to be distracted at the time of the crash. This age group has the largest proportion of drivers who were distracted at the time of an accident.
- Forty percent of American teenagers say they have been in a car when the driver used a cell phone in a way that put others in danger.
- Sending or receiving a text takes a driver's eyes from the road for an average of 4.6 seconds. If a car were traveling at 55 mph, the driver would drive the length of an entire football field, blind.
- Driving while using a cell phone reduces the amount of brain activity associated with driving by 37%.
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What is the first thing I should do if my child is injured in an accident in South Dakota?
Seek treatment immediately.
Our law firm often handles tragic child accidents. The most important thing you can do for both your physical and financial health is to get the proper medical treatment for your child's injuries. You need to go to your family physician or to the emergency room to make sure that your child gets the treatment necessary to recover from the injuries in the accident. -
What factors does a South Dakota court look at when determining child custody?
When determining custody, South Dakota court are guided by consideration of what appears to be for the best interests of the child in respect to the child's temporal and mental and moral welfare. A South Dakota court may, but is not required to, consider the following factors in determining the best interests and welfare of the child:
- parental fitness,
- stability,
- primary caretaker,
- child's preference,
- harmful parental misconduct,
- separating siblings, and
- substantial change of circumstances.
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Under what circumstances will a South Dakota court grant a divorcing spouse alimony?
When a divorce is granted, the court may require one party to make a suitable allowance to the other party for support during the life of that other party or for a shorter period. "General alimony" is intended to assist the recipient in providing for food, clothing, housing, and other necessities. South Dakota courts consider these factors when determining whether alimony is appropriate:
(1) the length of the marriage;
(2) each party's earning capacity;
(3) their financial conditions after the property division;
(4) each party's age, health, and physical condition;
(5) their station in life or social standing; and
(6) the relative fault in the termination of the marriage.
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In South Dakota, if my insurance company denies my claim, do I have any rights?
Yes. In South Dakota, if your insurance company refuses to honor its contract and pay a valid claim, you have the right to bring a legal action for damages against the insurance company. In addition to bringing a legal action for "breach of contract," you might be able to bring a "tort claim" asking for damages based upon the insurance company's "bad faith" handling of the claim.