Divorce can be a challenging and emotionally charged event, especially when you are unsure about your rights and responsibilities. The situation becomes even more complicated when dealing with a common law marriage. In South Dakota, the regulations surrounding divorce and common law marriage are specific and require thorough understanding before entering into either arrangement. This article aims to elucidate the rights and obligations of individuals navigating divorce or common law marriage in South Dakota.
Decoding South Dakota Divorce Laws
Divorce in South Dakota is governed by state law, which delineates the grounds for divorce, as well as the expectations and responsibilities that arise from the termination of a marriage.
Grounds for Divorce
South Dakota law allows for both fault-based and no-fault divorce. Fault-based divorce grounds encompass:
- Adultery
- Extreme cruelty
- Willful desertion for one year
- Willful neglect or refusal to provide for the spouse
- Habitual intemperance (excessive alcohol or drug use)
- Conviction of a felony
In seeking a fault-based divorce, the filing party must substantiate the existence of the grounds and prove that the other spouse is at fault.
On the other hand, a no-fault divorce simply necessitates the parties living apart, without cohabitation, for a specific duration. This form of divorce, known as "no-fault," is granted based on "irreconcilable differences."
Property Division
South Dakota follows the principle of equitable distribution, whereby property is divided fairly (though not necessarily equally) in a divorce. Consequently, the court considers several factors when dividing property, including:
- The duration of the marriage
- The financial situation and earning capacity of each party
- The contributions made by each spouse to the marriage, both financially and non-financially
- The value of each party’s separate property
- The standard of living established during the marriage
- Any agreements between the parties, such as prenuptial agreements
It is important to note that equitable distribution does not necessarily entail a 50/50 split of property. Instead, the court endeavors to make a fair division based on the aforementioned factors.
Child Custody and Support
Regarding child custody and support arrangements, South Dakota courts prioritize the best interests of the child. Thus, the court takes into account factors such as the child’s age, health, and well-being, as well as each parent’s ability to provide and care for the child.
South Dakota employs a guideline formula to determine child support payments. This formula considers the income of each parent, the number of children requiring support, and any additional expenditures, such as healthcare or childcare costs.
In the event that the parties cannot reach an agreement on child custody or support, the court will make a determination based on what it deems to be the best interests of the child.
Unraveling South Dakota Common Law Marriage Laws
South Dakota is among the few states that acknowledge common law marriages. A common law marriage is a legal relationship between two individuals who have not obtained a marriage license or had a formal ceremony, but have cohabitated as spouses for a particular period and presented themselves as a married couple.
Requirements for Common Law Marriage
In South Dakota, a common law marriage can be established if the following conditions are met:
- The parties mutually agree that they are married
- The parties live together as husband and wife
- The parties hold themselves out to others as married
- The parties are of legal age to marry (18 or older)
- The parties are not related
Merely living together is insufficient to establish a common law marriage. The parties must also publicly present themselves as married and have the intention to be married.
Rights and Obligations of Common Law Marriages
If a valid common law marriage is formed in South Dakota, the couple possesses the same rights and obligations as a legally married couple. Consequently, they have the right to inherit from each other, make medical decisions on behalf of one another, and file joint tax returns.
Additionally, in the event of a dissolution of a common law marriage, the parties must proceed through the same legal process as if they were legally married. This involves dividing property and assets, determining child custody and support arrangements, and potentially paying spousal support.
Conclusion
Navigating the complexities of divorce or common law marriage can be emotionally overwhelming. Understanding your rights and obligations under South Dakota law is essential when making informed decisions and moving forward in the best possible manner. Consulting a trusted attorney can be a valuable resource for individuals facing these situations.