The following form adopts the notice pleadings format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.
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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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.
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.
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.
No-Fault Grounds for Divorce in South Dakota To get a no-fault divorce in South Dakota, both spouses must agree that the marriage is over due to irreconcilable differences. (S.D. Codified Laws § 25-4-2(7) (2022).)
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.
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.
Codified Law 25-1 | South Dakota Legislature. 25-1-1 Marriage defined--Consent and solemnization required. 25-1-2 Present consent to marriage required. 25-1-5 Manifestation and proof of consent and consummation of marriage.
South Dakota law defines adultery as "voluntary sexual intercourse between a married person and someone of the opposite sex who to whom he or she is not married." (S.D. Codified Laws § 25-4-3 (2021).) Adultery Laws Apply to Same-Sex Couples, Too.
