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South Dakota Judgment and Decree of Divorce (Stipulation and Agreement (with Minor Children))

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South Dakota
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SD-SKU-0329
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Judgment and Decree of Divorce (Stipulation and Agreement (with Minor 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.

Parental Responsibility for Willful Acts Under S.D. Codified Laws section 25-5-15, parents who have custody of a child will be civilly liable if that child maliciously or willfully causes bodily injury or property damage. The meaning of "willful" is important.

The nonresidential parent pays child support to the residential parent in South Dakota. In the case of a 50/50 split in parenting time, the higher earner pays child support to the lower earner.

South Dakota child custody laws don't prescribe a certain age when a child's preference may be considered.

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, when custodial parents want to move with their minor children, they must give specific notice to the noncustodial parent. If the other parent objects to the relocation, the court will hold a hearing to determine if the move is in the child's best interests.

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.

The court orders a flat percentage of 25% of the non-custodial parent's income to be paid in child support to the custodial parent.

More info

Revocation of the judgment of legal separation. FA-4127VA. Stipulation for Temporary Order without Minor Children.FOR DIVORCE OR LEGAL SEPARATION IN A NON-COVENANT. MARRIAGE. Written agreement of the parties (attach to Judgment) g. Judgment (form FL-180) (5 copies) h. i. The following are detailed instructions on how to complete this Petition for Divorce With Minor. (Note: when minor children of the marriage reside in New York State, custody must be determined). Accept service of the Petition and sign a completed Judgment form. Postdivorce Matters: No Provision Regarding Alimony or No Provision. Regarding Property Division in the Divorce Judgment or Separation Agreement .. 492.

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South Dakota Judgment and Decree of Divorce (Stipulation and Agreement (with Minor Children))