South Dakota Joint Petition for Bifurcated Divorce

State:
Multi-State
Control #:
US-03179BG
Format:
Word; 
Rich Text
Instant download

Description

In a bifurcated divorce, the marriage is terminated, but other issues, such as the division of property, alimony, child support or custody arrangements, are left to be determined at a later date or at trial. Couples pursue a bifurcated divorce when one or both spouses want to terminate the marriage quickly, perhaps so they may remarry, and are willing to resolve other issues at a later date.


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

(S.D. Codified Laws § 25-4-2 (2021).) South Dakota courts can consider each spouse's fault in the marriage ending, including whether one spouse's adultery led to the divorce.

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 is an ?all property? state. This means when a divorce is granted, a court can make an equitable (or "fair") division of the property belonging to either person, whether the title to the property is in the name of the husband or the wife.

Codified Laws § 25-4-2. Divorces may be granted for any of the following causes: (1) Adultery; (2) Extreme cruelty; (3) Willful desertion; (4) Willful neglect; (5) Habitual intemperance; (6) Conviction of felony; (7) Irreconcilable differences.

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.

What is the residency requirement? To get a divorce in South Dakota, no length of residency or waiting period before beginning the action is required. However, you must be a resident in good faith and once the proceeding has started you must stay a resident of the state until the divorce is final.

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 Joint Petition for Bifurcated Divorce