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Courts and Community Resources
Lawyers and Divorce
Mediation
Glossary of Family Law Terms
South Dakota Court
System
State Bar of South Dakota
USD Law School Library
State
Statutory Resources
South Dakota Legislature
Constitution of South Dakota
Divorce Law
25-4-2. Grounds for divorce.
Divorces may be granted for any of the following causes:
(1) Adultery;
(2) Extreme cruelty;
(3) Willful desertion;
(4) Willful neglect;
(5) Habitual intemperance;
(6) Conviction of felony;
(7) Irreconcilable differences.
Source: SDC 1939, § 14.0703 (1) to (6); SL 1985, ch 207, § 3.
25-4-30. Residence requirements for divorce or separate
maintenance.
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, and in order that each
party be entitled to the entry of a decree or judgment of divorce or
separate maintenance, that residence or military presence must be maintained
until the decree is entered.
Source: SDC 1939, § 14.0720; SL 1961, ch 53; SDCL, § 25-4-32; SL 1974, ch
174, § 1.
25-4-30.1. Venue of action--Change by defendant.
An action for divorce or separate maintenance may be commenced in the county
of residence of either party, subject to the right of the defendant to have
the place of trial changed to the county where the defendant resides.
Source: SDC 1939, § 14.0720; SDCL, § 25-4-30; SL 1974, ch 174, § 2.
...For
further information, please refer to the South Dakota Codified Laws - Title
25
Law and the
Family
Marriage and
Living Together Laws
South Dakota Marriage License Information
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Child Support
25-7-6.2. Support obligation
schedule. (abbreviated)
The child support obligation shall be
established in accordance with the following schedule subject to such
revisions or deviations as may be permitted pursuant to §§ 25-7-6.1 to
25-7-6.18, inclusive. Except as provided in this chapter, the combined
monthly net incomes of both parents shall be used in determining the
obligation and divided proportionately between the parents based upon their
respective net incomes. The noncustodial parent's proportionate share
establishes the amount of the child support order.
If the obligation using only the noncustodial parent's monthly net income is
an obligation within the emboldened areas of the schedule, that amount shall
be compared to the noncustodial parent's proportionate share using both
parents' monthly net incomes. The lesser amount establishes the noncustodial
parent's child support order...
...For
further information, please refer to the South Dakota Codified Laws - Title
25
South
Dakota Interactive Child Support Calculator - by AllLaw.com
How Are Child Support Obligations Determined?
Child Support Services
South Dakota Department of Social
Services - Child Support
Child Support Explained
Child Custody
and Visitation Law
25-4-45. Child custody provisions--Modification--Preference of child.
In an action for divorce, the court may, before or after judgment, give such
direction for the custody, care, and education of the children of the
marriage as may seem necessary or proper, and may at any time vacate or
modify the same. In awarding the custody of a child, the court shall be
guided by consideration of what appears to be for the best interests of the
child in respect to the child's temporal and mental and moral welfare. If
the child is of a sufficient age to form an intelligent preference, the
court may consider that preference in determining the question. As between
parents adversely claiming the custody, neither parent may be given
preference over the other in determining custody.
Source: SDC 1939, § 14.0724; SL 1994, ch 192.
25-4A-10. Supreme Court to promulgate child visitation guidelines.
The South Dakota Supreme Court shall promulgate court rules establishing
standard guidelines to be used statewide for child visitation in divorce or
separate maintenance actions or any other custody action or proceeding. The
standard guidelines shall provide a framework for child visitation including
frequency and time for child visitation; hours or days of visitation;
definitions for weekends, holidays, birthdays, and other special occasions;
and time periods for summer visitations. In establishing the standard
guidelines, the court may consider varying ages and circumstances of
children and treat varying ages and circumstances differently.
Source: SL 2002, ch 125, § 2.
...For
further information, please refer to the South Dakota Codified Laws - Title
25
South Dakota Visitation Guidelines
FAQ on Child
Custody and Visitation
Child Custody
Resources
Property
Division
25-4-44. Division of property between parties.
When a divorce is granted, the courts may make an equitable division of the
property belonging to either or both, whether the title to such property is
in the name of the husband or the wife. In making such division of the
property, the court shall have regard for equity and the circumstances of
the parties.
Source: SDC 1939, § 14.0726; SL 1988, ch 203.
...For
further information, please refer to the South Dakota Codified Laws - Title
25
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