The Swier Law Firm Family Law FAQs

Yes.  The South Dakota Department of Social Services does pay attorney fees for adoption finalization of children that are placed through the Department.  Non-recurring adoption expenses are covered by Child Protection Services for special needs children up to $1,500, which is a one-time-only fee.

You should notify the Department of your new address and phone number.  The Department will transfer Medicaid to the new state.  You will continue to receive the monthly subsidy payment.

In South Dakota, a public agency adoption is when a child has been placed in the Department of Social Services' custody, parental rights have been terminated, and the children are legally clear for adoption.

In South Dakota, marriage is a personal relation, between a man and a woman, arising out of a civil contract to which the consent of parties capable of making it is necessary. Consent alone does not constitute a marriage; it must be followed by a solemnization.

In South Dakota, any person who is eighteen years of age or older, and who is not otherwise disqualified, is capable of getting married.  If either applicant for a marriage license is between the age of sixteen and eighteen, that applicant must submit to the county register of deeds a notarized statement of consent to marry from one parent or legal guardian of the applicant.

Yes.  In South Dakota, if you are seventeen years old or younger, you cannot receive a marriage license without the written consent of your parent or guardian.

In South Dakota, a marriage can only be dissolved in two ways:

• By the death of one of the parties; or
• By the judgment of a court of competent jurisdiction decreeing a divorce of the parties.

In South Dakota, adultery is the voluntary sexual intercourse of a married person with one of the opposite sex to whom he or she is not married.

In South Dakota, extreme cruelty is the infliction of grievous bodily injury or grievous mental suffering upon the other, by one party to the marriage.

In South Dakota, willful desertion is the voluntary separation of one of the married parties from the other with intent to desert.