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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In South Dakota, what standard guides a court’s child custody decision?
In South Dakota, as in most other states, a court’s child custody and visitation decision is guided by what is in the child’s “best interests.”
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In South Dakota, how much time do I have to wait before my divorce can be final?
Any action for divorce or separate maintenance cannot be finalized by the court until at least sixty days have passed from the time the case was started.
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Do you have to be a resident of South Dakota to start a divorce action in South Dakota?
Yes. Any person who starts a divorce action must, at the time the action is started, be a resident of South Dakota, or be stationed in South Dakota while a member of the armed services.
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In South Dakota, can a divorce be granted because of a spouse's chronic mental illness?
Yes. In the case of incurable, chronic mania or dementia of either spouse that has existed for five years or more, and while either spouse has been under confinement by court order or of the Board of Mental Illness, the court may grant a divorce.
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In a South Dakota divorce, what are "irreconcilable differences"?
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.
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In a South Dakota divorce, what is "habitual intemperance"?
Habitual intemperance is that degree of intemperance from the use of intoxicating drinks which disqualifies the person a great portion of the time from properly attending to business, or which would reasonably inflict a course of great mental anguish upon the innocent person
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Can a divorce be granted in South Dakota on the grounds of lack of marital relations?
Yes. The persistent refusal to have reasonable marital relations when health or physical condition does not make the refusal reasonably necessary, is desertion and grounds for divorce.
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What are the reasons that a divorce can be granted in South Dakota?
A divorce can be granted for any of these reasons:
(1) Adultery;
(2) Extreme cruelty;
(3) Willful desertion;
(4) Willful neglect;
(5) Habitual intemperance;
(6) Conviction of felony;
(7) Irreconcilable differences.
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How can you obtain a divorce in South Dakota?
A marriage can only be dissolved:
(1) By the death of one of the parties; or (2) By the judgment of a court of competent jurisdiction decreeing a divorce of the parties.
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In an annulment action, can a South Dakota court award child custody and child support?
Yes. In any annulment case, the court may give direction for the custody, care, and education of the children of the marriage.