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South Dakota Divorce Laws: At a Glance Courts will wait at least sixty days from the filing of a divorce action before hearing the case. Alimony and child custody provisions can still be determined during the interval. South Dakota recognizes both ?fault" and ?no-fault" divorce.
What are the basic steps in filing a lawsuit? File the Summons and Complaint. The person starting the case is called the Petitioner or Plaintiff. ... File the Answer. The person being sued is either called the Defendant or the Respondent. ... Prepare the case. ... The judge holds a hearing. ... The judge makes a decision.
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.
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.
The procedures are simple and inexpensive. The maximum limit set by current law for South Dakota Small Claims actions is $12,000 plus court costs. Claims for more than $12,000.00 must be filed as formal civil actions, unless a party is willing to waive recovery of any amounts over $12,000.
Codified Law 15-6-12(a) | South Dakota Legislature. 15-6-12(a). Time for presenting defenses and objections. A defendant shall serve the answer within thirty days after the service of the complaint upon defendant, except when otherwise provided by statute or rule.
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.