Marriages are expected to last forever, but some situations and circumstances can bring an end to the relationship. One of such situations is when a spouse is struggling with addiction to drugs or alcohol, which can lead to marital problems.
If you reside in South Dakota and are in such a situation, the question is whether you can divorce your spouse based on their addiction issues. This article provides an insight into the legal requirements for divorce in South Dakota.
Grounds for Divorce in South Dakota
South Dakota is a no-fault divorce state. A no-fault divorce means neither spouse is at fault for the failed marriage. The only legal grounds for divorce in South Dakota are:
- Irreconcilable differences leading to the breakdown of the marriage.
- The ongoing custody, care, and support of one or more children of the marriage.
Addiction as a Ground for Divorce
Addiction is not recognized as a separate ground for divorce in South Dakota. Although addiction can affect the marriage and family life, it’s not considered a reason for dissolution of marriage. Rather, you can file a divorce petition based on irreconcilable differences in the marriage. However, if your spouse’s addiction has negatively impacted your relationship, your lawyer may advise you to provide additional information about how the addiction has contributed to the breakdown of the marriage.
Exceptional Circumstances
Under certain exceptional circumstances, a spouse’s addiction can be considered as grounds for divorce. For instance, in cases where the addiction has become so pervasive that it leads to domestic violence or poses a threat to the safety of the children, the courts may be willing to grant a divorce under such a circumstance.
Legal Process for Divorce in South Dakota
The legal process of obtaining a divorce in South Dakota involves filing a complaint or petition for divorce with the district court where you or your spouse resides. After filing a petition, the court serves your spouse with the documents and a summons to respond to the petition. Your spouse will have 30 days to respond to the petition, indicating whether they disagree with the divorce or any of the terms proposed in the petition.
Divorce with an Addicted Spouse
If you want to file for a divorce from your addicted spouse in South Dakota, it’s advisable to work with a skilled lawyer. Your lawyer can help you understand your rights and options in the divorce process, especially when it comes to property division, spousal support, child custody, and child support issues. They can also help you navigate the divorce process, giving you the best possible outcome.
In conclusion, addiction is not recognized as a standalone ground for divorce in South Dakota. However, if your spouse’s addiction has contributed to the breakdown of your marriage or posed a threat to your safety or the children’s, a divorce may be granted. If you are considering a divorce because of your spouse’s addiction, it’s essential to work with a qualified divorce attorney who understands the laws in South Dakota and can help you achieve the best possible outcome.