South Dakota Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree on Remarriage of Plaintiff

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This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree on the remarriage of the plaintiff former spouse. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

In South Dakota, the "waiting period" is the time between the start of the divorce proceeding and the time the court signs the decree granting the divorce. The waiting period in a South Dakota divorce is a minimum of sixty (60) days after your spouse is served with the divorce papers.

South Dakota law requires courts to make an ?equitable division of property? during a divorce. This applies to all property owned by a married couple, both joint property and the individual property belonging to each spouse. It doesn't necessarily mean a split either.

The basic forms you'll need to begin your South Dakota uncontested divorce include: Civil Case Filing Statement. Summons. Complaint. Financial Affidavit. Stipulation and Settlement Agreement, and. Affidavit of Plaintiff and Defendant as to Jurisdiction and Reason for Divorce.

In South Dakota, the "waiting period" is the time between the start of the divorce proceeding and the time the court signs the decree granting the divorce. The waiting period in a South Dakota divorce is a minimum of sixty (60) days after your spouse is served with the divorce papers.

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.

You are strongly encouraged to consult with a lawyer before proceeding with a divorce action in which you represent yourself. If you cannot afford a lawyer you may qualify for free legal assistance. Visit the legal assistance page for more information.

South Dakota, like most states, has what are commonly called no-fault grounds for divorce, and several traditional fault-based grounds. To get a no-fault divorce in South Dakota you need to state in the Complaint for Divorce that ?the parties have irreconcilable differences.?

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.

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South Dakota Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree on Remarriage of Plaintiff