If you exchanged vows in a different state or even abroad but are currently residing in South Dakota, you may be wondering if it’s possible to file for divorce in the state. Fortunately, South Dakota recognizes marriages conducted outside its borders and grants couples the ability to dissolve their marriage within the state. Let’s delve into the essential information you should be aware of.
Residency Requirements
Before initiating a divorce proceeding in South Dakota, it is crucial to fulfill the state’s residency requirements. In order to meet these conditions, either you or your spouse should have established residency in the state for a minimum of 90 days preceding the filing. Once this requirement is satisfied, you can proceed with filing for divorce in the county where either you or your spouse currently resides.
Grounds for Divorce
South Dakota follows the "no-fault" divorce principle, which implies that it is unnecessary to prove any wrongdoings committed by your spouse to secure a divorce. Instead, you can simply assert that your marriage has become "irretrievably broken" with no chance of repairing the relationship. This is the predominant grounds for divorce in South Dakota.
Property Division
Regarding property division in divorce proceedings, South Dakota abides by the "equitable distribution" principle. This means that assets and debts accumulated during the marriage are fairly apportioned between the spouses. However, it’s important to note that "fair" doesn’t always equate to "equal." When determining how to distribute the property, the court takes numerous factors into consideration, such as the income and financial needs of each spouse, the duration of the marriage, and any contributions made to either spouse’s education or professional advancements.
Child Custody and Support
If you and your spouse have children together, formulating a parenting plan that outlines custody and visitation arrangements is essential. In situations where a mutual agreement cannot be reached on these matters, the court will intervene and make decisions based on the child’s best interests. Additionally, child support will need to be addressed. South Dakota employs a formula to calculate child support payments, taking into account the income of each parent and the number of children involved.
Finalizing the Divorce
Once divorce proceedings have been initiated and the specifics of property division, child custody, and support have been resolved, the court will issue a final divorce decree. This decree legally terminates the marriage and stipulates the terms of the divorce settlement. Following the issuance of the decree, you are free to remarry if you so choose.
Conclusion
If your marriage ceremony transpired outside South Dakota but you currently inhabit the state, fret not, for you can indeed file for divorce within its jurisdiction. Nevertheless, ensure that you fulfill the residency requirements and possess a comprehensive understanding of the state’s divorce laws before commencing the process. If any uncertainties arise, it may prove beneficial to consult with a family law attorney who can serve as a reliable guide throughout the proceedings.