South Dakota Judgment and Decree of Divorce (without Children)
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FAQ
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.
In South Dakota, a divorce can be completed on average in a minimum of 60 days, with court fees of $95.00. Unlike many states, South Dakota does not have any divorce residency requirements determining how long the appellant must have lived in South Dakota prior to filing for divorce.
Option 2: Divorce by Default: If the Defendant's Answer is not filed within thirty (30) days, Plaintiff files a series of documents requesting a divorce by default. A divorce by default can be finalized after sixty (60) days, although Plaintiff must attend a brief court hearing first.
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.
In practice, judges in an equitable-distribution state like South Dakota often divide marital property with approximately 2/3 of marital assets going to the higher-earning spouse, and 1/3 going to the lower-earning spouse.
Under South Dakota law a divorce may be granted for any of these grounds: adultery, extreme cruelty (including bodily injury or grievous mental suffering), willful desertion, willful neglect, habitual intemperance, conviction of a felony, chronic mental illness or irreconcilable differences.
No, South Dakota is not a community property state. Marital property is equitably divided by courts.
How Adultery Affects Property Division in South Dakota. Adultery won't directly affect the division of property during a divorce. Instead, judges must make an "equitable" property division that is fair (not necessarily equal) to both spouses.