Making the decision to get a divorce is never an easy one. It often feels like a last resort when all other options for reconciliation have been exhausted. For some couples, this decision comes after a long period of separation. But can you still get a divorce in South Dakota if you have already been separated for a long time?
Understanding Separation Requirements in South Dakota
In South Dakota, there are no specific legal requirements mandating a period of separation before filing for divorce. However, there is a critical factor to consider when initiating a no-fault divorce – at least one of the parties must establish residency in the state for a minimum of 60 days prior to filing. This means that if you and your spouse have been living in different states during your separation, the party intending to file for divorce must establish residency in South Dakota first.
Grounds for Divorce in South Dakota: a No-Fault State
South Dakota follows a no-fault divorce policy, meaning that in order to obtain a divorce, couples are not required to prove fault or wrongdoing on either spouse’s part. The state recognizes that irreconcilable differences or a breakdown in the marriage relationship are sufficient grounds for divorce. Consequently, even if you and your spouse have been separated for a significant duration and have little hope of reconciling, you can still file for divorce based on these grounds.
Navigating Property and Custody Issues
When couples opt for divorce, they must address several critical issues, including the division of property, spousal support, child custody, and child support. If you and your spouse have already been separated for a long time, it is possible that you have already reached agreements on these matters. However, if you haven’t, you will need to work with your respective attorneys or a mediator to establish a fair and reasonable resolution.
Final Thoughts
If you are contemplating divorce in South Dakota after a long period of separation, rest assured that you are still eligible to file. Remember, one of the parties must meet the residency requirement before initiating the divorce process. Given that South Dakota is a no-fault divorce state, you can file based on irreconcilable differences or the breakdown of your marriage relationship. To ensure a fair and equitable resolution of property and custody issues, it is crucial to seek guidance from a knowledgeable attorney. With their assistance, you can navigate the divorce process with confidence and clarity.