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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How long does it take to finalize a divorce in South Dakota?
In South Dakota, there is a mandatory 60-day waiting period from the time the divorce is started until the court has jurisdiction to grant a divorce.
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How long does it usually take to finalize a divorce in South Dakota?
In South Dakota, there is a mandatory 60-day waiting period from the time the divorce is started until the court has jurisdiction to grant a divorce. However, most divorces are not completed in the 60-day time period. The more complex the case, the longer it usually takes to complete the divorce.
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I live in Sioux Falls and my spouse and I are getting a divorce. Will my spouse be responsible for my attorney's fees?
Under South Dakota law, an award of attorney fees is left to discretion of the court based on several factors.
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In South Dakota, is there an obligation for parents to support their children?
Yes. Under South Dakota law, the parents of a child are jointly and severally obligated for the necessary maintenance, education, and support of the child in accordance with their respective means.
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In South Dakota, is a stepparent required to support a spouse's child from a previous relationship?
Yes. Under South Dakota law, a stepparent must maintain his spouse's children born prior to their marriage and is responsible as a parent for their support and education. However, this responsibility does not release the natural or adoptive parents from any support obligation.
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How does a South Dakota court determine child support?
In South Dakota, the combined monthly net incomes of both parents are used in determining the child support obligation - this is then divided proportionately between the parents based upon their net incomes.
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My ex-husband and I live in Sioux Falls and are considering a change in custody of our daughter. Will this have an effect on the child support payment I receive?
Possibly. Under South Dakota law, if the parents of a child agree to a change in custody (even without the court's approval), the parent who relinquished custody may be ordered to pay child support to the parent who gained custody of the child (even though the custody order has not been modified to reflect the change in custody).
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Must a person filing for divorce in South Dakota be a South Dakota resident?
Yes. Under South Dakota law, the plaintiff in an action for divorce or separate maintenance must, at the time the action is commenced, be a resident of this state, or be stationed in this state while a member of the armed services.
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Does a person filing a divorce action in South Dakota have to remain a South Dakota resident after the action has been started?
No. Under South Dakota law, a person does not need to maintain South Dakota residency or a military presence to be entitled to a decree of divorce.
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I live in Brookings and will soon be moving to Rapid City. How quickly can I finish my divorce action in Sioux Falls?
In South Dakota, a divorce action cannot be heard, tried, or determined by the court until at least sixty days have passed from the completed service of the plaintiff's summons and complaint on the defendant.