The Swier Law Firm Family Law FAQs
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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Is South Dakota an “all property” divorce state?
Yes. When a divorce is granted, a court can make an equitable (or "fair") division of the property belonging to either person, whether the title to the property is in the name of the husband or the wife.
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In South Dakota, what do I have to show a court to be awarded alimony?
Any person requesting alimony has to show that he has a need for support and that their spouse has sufficient means and abilities to provide for that need.
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How does a South Dakota court determine alimony?
In deciding whether to award alimony, a South Dakota court considers: (1) the length of the marriage; (2) each person’s earning capacity; (3) each person’s financial conditions after the property division; (4) each person’s age, health, and physical condition; (5) each person’s station in life or social standing; and (6) the relative fault in the termination of the marriage.
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In South Dakota, can I be awarded alimony and support without getting a divorce?
Yes. An action for separate maintenance may be started without requesting a divorce. In these cases, the court has the power to award temporary alimony, lawsuit expenses, and permanent support for a spouse and the children of the parties.
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In South Dakota, can I be awarded alimony while the divorce is pending?
Yes. While a divorce action is pending, the court may require one spouse to pay as alimony any money necessary to support the other spouse or the children of the parties.
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What is the purpose of alimony in South Dakota?
The purpose of alimony is to support the needs and standard of living of the spouse, not to equalize incomes.
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In South Dakota, what is general alimony?
Alimony is also known as spousal support. “General” alimony is financial support paid by one spouse to another. The legal basis of alimony is that divorce should not cause a dependent spouse to become impoverished or suffer a drastic reduction in his lifestyle. In other words, general alimony is intended to help the lower income spouse in providing for food, clothing, housing, and other necessities.
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In South Dakota, what is the penalty for solemnizing a marriage between unauthorized persons?
A person who solemnizes any marriage between unauthorized persons is guilty of a Class 1 misdemeanor.
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What factors does a South Dakota court consider in awarding child custody?
A court can consider these facts in awarding child custody: (1) parental fitness; (2) stability; (3) primary caretaker; (4) child’s preference; (5) harmful parental misconduct; (6) separation of siblings; and (7) substantial change in circumstances.
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In South Dakota, what is the difference between a “custodial” parent and a “noncustodial” parent?
When a child lives primarily with one parent and has visitation with the other parent, the parent with whom the child primarily lives (called the “custodial” parent) has sole or primary physical custody, and the other parent (called the “noncustodial” parent) has the right to visitation or parenting time with the child.