Add Check Box Fields Legal South Dakota Property Settlement Forms For Free

But unlike some states, South Dakota law doesn't presume that joint physical custody is what's best for kids. (S.D. Codified Laws §§ 25-4A-21, 25-4A-26 (2024).) When parents have joint physical custody, the children spend a substantial (but not necessarily equal) amount of time living with each parent.

You can get a divorce in South Dakota without claiming that your spouse is at fault (a “no-fault” divorce). The judge can grant you a no-fault divorce if the judge finds that there are irreconcilable differences between you and your spouse.

One legal requirement the South Dakota courts impose is a mandatory 60-day waiting period. The judge cannot issue the final judgment for divorce until at least 60 days have passed since you filed your divorce papers. This “cooling off” period allows the parties to reconcile or modify the divorce settlement agreement.

(S.D. Codified Laws § 25-4-2 (2021).) South Dakota courts can consider each spouse's fault in the marriage ending, including whether one spouse's adultery led to the divorce.

Subject to the court's right to award custody of the child to either parent, considering the best interest of the child as to its temporal, mental, and moral welfare the father and mother of any minor child born in wedlock are equally entitled to the child's custody, service, and earnings.

In South Dakota, a judge must consider joint physical custody if either parent requests it. When the parents can't agree, the judge must decide what would be in the child's best interests after considering several factors, including: each parent's suitability as a physical custodian of the child.

How to File for Custody in South Dakota Agree on a Parenting Plan. It is highly recommended that the parents try to reach an agreement on the terms of custody before starting the legal process. Calculate Child Support. Complete and File Required Forms. Serve the Paperwork. Receive Court Order.

Generally, inheritances are considered separate property and are not subject to division in a divorce. However, there are circumstances where an inheritance could potentially be divided: Commingling of Assets: If you have commingled your inheritance with marital assets, it may lose its separate property status.

Marital assets in South Dakota. Inherited property, although always kept separate, was included in the marital assets because one spouse contributed to the upkeep and management of the inherited property through his farming and work for the family.