South Dakota Petition to Waive Statutory Waiting Period Required for Remarriage After Divorce

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Multi-State
Control #:
US-01797BG
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Description

Most states don't have a remarriage waiting period after divorce, but some states have a statutory waiting time or allow a judge to create a waiting period for the parties. In some states, both parties must be given time to appeal the divorce decree before you can remarry. Those states that have remarriage waiting periods generally calculate the waiting period from the day the judge approves the divorce decree.


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

A divorce in South Dakota cannot be granted until 61 days have passed from the date the Defendant was served with the opening paperwork. The parties can reach an agreement at any point in that time, but the divorce cannot be finalized until 61 days have passed.

Even for uncontested divorces, South Dakota law requires spouses to wait 60 days from the date you file the divorce paperwork until the judge can finalize the divorce. (S.D. Codified Laws §25-4-34.) The law doesn't require either spouse to attend a final divorce hearing for uncontested divorces.

Let's use South Dakota as an example. There is no waiting period for remarriage if you reside here. However, when adultery is cited as the reason for divorce by either party, the spouse who was in the wrong is not permitted to remarry as long as their ex-spouse is alive.

Codified Law 25-5-26 | South Dakota Legislature. 25-5-26. Petition for emancipation--Procedure. A minor may petition the circuit court of the county in which he resides for a declaration of emancipation.

Today, every state and the District of Columbia offers no-fault divorce. In South Dakota, 97.6% of couples ending their marriage cite irreconcilable differences ? South Dakota's no-fault option ? as grounds for divorce. But despite its widespread use, there is a growing movement to eliminate no-fault divorce.

What Role Does Adultery Play in a South Dakota Divorce? In South Dakota, innocent spouses can request a fault-based divorce if the other spouse committed adultery during the marriage. Other grounds (reasons) for fault-based divorce in South Dakota include: extreme cruelty.

19-19-402 Relevant evidence generally admissible--Irrelevant evidence inadmissible. 19-19-403 Excluding relevant evidence for prejudice, confusion, waste of time, or other reasons. 19-19-404 Character evidence--Crimes or other acts. 19-19-405 Methods of proving character.

South Dakota is an equal distribution state, and while that may imply a perfect 50/50 split of assets, it is not actually what it means or how it works out for many couples. Equal distribution just means each party will walk away with a fair share of assets, which may or may not equal 50% of the marital property.

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South Dakota Petition to Waive Statutory Waiting Period Required for Remarriage After Divorce