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Rocket Lawyer offers guidance on the filing process, divorce documents and more! The State of South Dakota offers a no fault divorce based on irreconcilable differences.
South Dakota law simply directs courts to divide property based on the entire picture with an eye towards an equitable division accounting for the circumstances of both parties. Often divorcing couples reach an agreement to divide their property and assets, but courts can determine the division on their own as well.
To get a divorce in South Dakota, you do not have to go to court. You can file for divorce through the mail or online. However, if there are any disputes about child custody or property, you may have to go to court to resolve them.
South Dakota is an ?all property? state. This means when a divorce is granted, a court can make an equitable (or "fair") division of the property belonging to either person, whether the title to the property is in the name of the husband or the wife.
South Dakota is an equitable distribution state. This means property from a marriage is divided fairly and equitably, but not necessarily on a 50/50 split.