A South Dakotadivorce, or dissolution of marriage, can be filed in South Dakota by either spouse to end the marital relationship. Upon completion of a South Dakota divorce, the parties are restored back to single status. The court will also issue any necessary orders for child support and custody, alimony (spousal support or maintenance) and the division of marital and separate assets and debts. LegalZoom can assist you in the document preparation and filing for your uncontested South Dakota divorce without the expense of an attorney.
Types of Divorce in South Dakota
South Dakota is a No-Fault state. There is only one founds for divorce in South Dakota: irreconcilable differences which have caused the irretrievable breakdown of the marriage.
Alternatives to Divorce in South Dakota
A legal separation (separate maintenance) is not the same as a divorce in South Dakota. A legal separation is when the parties live separately but remain legally married to one another. The spouse filing for legal separation must be a resident of South Dakota or a member of the Armed Forces stationed in South Dakota at the time of the filing and must remain a resident until the legal separation is final.
An annulment is also not the same as a divorce in South Dakota and is typically sought in order to nullify the marriage and disavow its existence, returning the parties to their prior single status, as if they were never married.
