Divorce can be an emotionally harrowing experience, but it can become even more complicated when spouses wish to divorce but continue living together. In South Dakota, spouses are allowed to live together during the divorce process, but there are certain prerequisites that must be met before the courts will grant a divorce.
South Dakota’s Divorce Requirements
South Dakota is a no-fault state, meaning that the spouse seeking divorce does not have to prove that the other spouse is solely at fault for the breakdown of the marriage. Instead, the most common grounds for divorce in South Dakota are "irreconcilable differences" or "lack of communication." These broad grounds ensure that spouses can seek a divorce without having to place blame on one another.
To initiate the divorce process, South Dakota courts require spouses to live apart for at least 60 days. This separation period aims to provide an opportunity for the spouses to reflect on their relationship and decide whether their differences can be resolved. During this period, the spouses must not engage in any sexual conduct with each other or attempt to reconcile their marriage. It is essential to adhere to these requirements as violation may result in the courts denying the divorce petition.
The Law Offices of Gregory A. Yates further explain that South Dakota courts may still consider spouses legally "separated" even if they reside in the same house but sleep in separate rooms. This recognition acknowledges the circumstances in which spouses may opt to continue living together while seeking a divorce.
Residency Requirements for Divorce in South Dakota
Before filing for divorce in South Dakota, it is crucial to meet the residency requirements. A spouse must have lived in South Dakota for at least one year. If the couple has children, the children must have resided in South Dakota for at least six months before divorce proceedings can commence. These requirements ensure that South Dakota has jurisdiction over the divorce case and that the proceedings are conducted in the appropriate state.
Can the Divorce be Finalized When Living Together?
In some cases, spouses who continue living together may be able to obtain a divorce without having to physically separate. This possibility depends on the circumstances of the case and the willingness of both parties to cooperate.
If both spouses can reach an agreement on all terms of the divorce, including property division, child custody, and child support, they may file for an uncontested divorce. An uncontested divorce allows the couple to finalize their divorce without a court hearing. They can continue living together until the entire process is complete. This arrangement often provides a more amicable and cost-effective solution for spouses looking to separate.
However, if spouses cannot agree on all terms of the divorce, they may need to pursue a contested divorce. This process can be lengthier and more expensive since it includes court hearings and discussions with attorneys. While living together during a contested divorce may still be an option, it can add complexity and strain to the situation.
Conclusion
In South Dakota, spouses are permitted to live together during a divorce, but they must adhere to the state’s requirements for separation before filing for dissolution. It is essential to prioritize meeting the residency obligations and fulfilling the separation period to ensure eligibility for divorce. Remember, living together during the divorce process can offer benefits in certain cases, but it may not be suitable for every situation. Consulting with a divorce attorney is strongly advised to receive personalized guidance and determine the most appropriate course of action for your individual circumstances.