The Swier Law Firm Family Law FAQs

Any marriage between parents and children, ancestors and descendants of every degree, and between brothers and sisters of the half as well as the whole blood, and between uncles and nieces, or aunts and nephews, and between cousins of the half as well as of the whole blood (otherwise known as incestuous marriage) is null and void from the beginning.

Any marriage of a stepfather with a stepdaughter or a stepmother with a stepson is null and void from the beginning.

Any marriage contracted by any person during the life of a former husband or wife of such person with any person other than such former husband or wife (otherwise known as a bigamous marriage), is null and void from the beginning.

Any marriage is voidable if one person is physically incapable of entering into the marriage or the consent was obtained by fraud or force.

The fact that a person is married can impact many aspects of your financial life, such as insurance coverage, income tax status, responsibility for debt, property ownership, inheritance, and rights about that person’s children. When you get married, you may need to make changes to insurance policies, your will, financial accounts, benefits (like Social Security), or other arrangements regarding your living situation, business, or finances. Sometimes these changes become effective simply by getting married or divorced.

Under South Dakota law, marriage is a civil contract between two persons who are each at least eighteen years old and who are otherwise capable of getting married. If the couple meets certain requirements about age, marital status, consanguinity (whether and how closely two people are related) and competency, they may marry.

On June 26, 2015 the United States Supreme Court issued its opinion in Obergefell v. Hodges, finding that same-sex married couples are entitled to equal protection under the laws, and that their marriages must be recognized in all fifty states – including South Dakota.

In South Dakota, the "noncustodial parent" is the parent who does not have primary care, custody or control of the children and has an obligation to pay child support.

 

In South Dakota, the "custodial parent" is the parent who has primary care, custody and control of a minor children. 

In South Dakota (1) if parents have agreed in writing to a shared parenting plan which provides that the children will live no less than 180 nights per year in each parent's home, and (2) that the parents will share the duties and responsibilities of parenting the children and the expenses of the children in proportion to their incomes, and (3) the shared parenting plan has been incorporated in the custody order, the court may grant a cross credit on the amount of the child support obligation based on the number of nights the children resides with each parent.

The South Dakota Legislature established guidelines which courts must use to determine that a fair share of parental income and resources are allocated to the child when that child's parents are separated, divorced or unmarried. The combined monthly incomes of both parents are used in determining the obligation and divided proportionately between the parents based on their net incomes. 

 

The South Dakota Child Custody and Visitation Guidelines can be found here.

South Dakota law gives you a way to seek protection from another family or household member who has physically abused you or has threatened to physically abuse you.