What Is a No-Fault Divorce, When Did It Start and Why It Can Be Bad
Table of Contents
- South Dakota Divorce Records
- What Are the Residency Requirements for Divorce in South Dakota?
- What Are the Grounds for Divorce in South Dakota?
- How Much Does It Cost to File for Divorce in South Dakota?
- How Long Is the Waiting Period for Divorce in South Dakota?
- How To File for Divorce in South Dakota?
- Are Divorce Records Public in South Dakota?
- How To Get Certified Copies of a Divorce Decree in South Dakota?
- Divorce Settlement: Is South Dakota a 50/50 State?
- FAQs about the Divorce Process in South Dakota
South Dakota Divorce Records
At 2.3 divorces per 1,000 persons, South Dakota's divorce rate is slightly lower than the national average of 2.4 divorces per 1,000 persons. This means that couples in this state are more likely to divorce than those in most states in the United States. Local divorce rates also vary by ethnicity, with African American couples recording a higher incidence of divorce, while Asian couples are less likely to divorce.
In South Dakota, divorce records are created and maintained by Circuit Courts. South Dakota records are generally classified into three, namely:
- Divorce Decree: this document is a detailed summary of the judgment and conditions in a case
- Divorce Certificate: this document contains basic information about divorce, such as the name of both parties and the date of the divorce. It is an official document proving that divorce has occurred between two parties.
- Divorce Case Information: this includes every document filed and generated during a divorce proceeding
Divorce records are considered public in South Dakota, meaning that anyone can request access to them. However, some divorce records contain confidential information, which exempts them from public disclosure. Access to these confidential records is limited to the parties to the divorce or anyone with a valid court order.
What Are the Residency Requirements for Divorce in South Dakota?
SDCL 25-4-30 specifies the residency requirements for filing a divorce in the state. According to this law, you may file for divorce if you are a state resident or stationed in the state as a military personnel. However, you do not need to maintain residency or military presence in the state to be entitled to a divorce judgment.
What Are the Grounds for Divorce in South Dakota?
In South Dakota, you can file for either fault-based or no-fault-based divorces:
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Fault Divorce: here, one of the spouses claims that something the other spouse did caused the marriage to break down. Fault-based divorce may be contested or uncontested. It is contested when both parties do not agree on the issues surrounding the divorce. In contrast, it is uncontested if both parties agree to the necessity of the divorce and the significant issues surrounding it. SDCL 25-4 outlines the grounds for fault divorce in South Dakota as follows:
- Adultery
- Extreme cruelty
- Willful desertion
- Willful neglect
- Habitual intemperance
- Conviction of felony
In this type of divorce, the plaintiff must prove the specific ground for filing the divorce.
- No-fault Divorce: in this type of divorce, the couple agrees that their marriage is broken beyond repair without blaming either party. No-fault divorces in South Dakota are also known as "Divorce due to Irreconcilable Differences". This type of divorce is generally considered less time-consuming and expensive than fault divorces.
How Much Does It Cost to File for Divorce in South Dakota?
Filing for a divorce in South Dakota costs around $97, which includes the court administration surcharge and law library fee. However, the total average cost of getting a divorce in South Dakota is $8,500. This amount covers expenses such as attorney fees, mediation fees, parenting classes fees, and alimony. At $8,500, the average cost of divorce in South Dakota is lower than the national average of $9,970 and in neighboring Iowa, where a divorce costs $9,000.
How Long Is the Waiting Period for Divorce in South Dakota?
South Dakota requires a 60-day waiting period after the plaintiff has served the summons and complaint before the court can hear or decide a divorce case. However, during the waiting period, the court can issue alimony and child custody orders to protect the parties involved.
How To File for Divorce in South Dakota?
To start the divorce process in South Dakota, you must file a complaint with the Circuit Court in your county of residence. The procedure and required documents will differ based on whether you and your spouse have children who are below the legal age. For more information about the divorce forms required for cases with minor children and those without, please visit the South Dakota divorce page for self-represented litigants. Download the necessary forms according to the type of divorce you are filing. After completing this step, do the following:
- Complete and file the appropriate divorce forms with the Circuit Court in your county
- Receive a summons from the court
- Serve the divorce and summons on your spouse.
- Complete and file a financial affidavit
- File a motion for hearing. You must send a notice of the hearing to your spouse at least 20 days before the hearing
- Attend the hearing
Are Divorce Records Public in South Dakota?
North Dakota divorce records are considered public records. However, some divorce records may contain sensitive information, which makes them exempt from public disclosure. Before requesting access to divorce records in South Dakota, you should contact the Clerk of the Circuit Court in the county where the case was filed.
How To Get Certified Copies of a Divorce Decree in South Dakota?
A divorce decree is an official document signed by a judge that legally ends a marriage. It includes essential details concerning the division of assets, child custody, child support, alimony, and financial responsibilities. Divorce decrees are created and maintained at the Circuit Court where the case was filed. You can obtain certified copies of the divorce decree from the Clerk of Courts in the county where the divorce was filed. Requests for divorce decree may be submitted in person at the Clerk's office or via mail. It is best to contact the Court Clerk to confirm the availability of records and the procedures for accessing these records.
Divorce Settlement: Is South Dakota a 50/50 State?
South Dakota adopts an equitable approach to distributing properties and debt among divorce parties. This means that the court considers the individual circumstances of each party when dividing marital property. This approach differs from the community property method, where all assets acquired during the marriage are split equally, with each party receiving 50%.
In an equitable approach, the court considers the following factors:
- The length of the marriage
- Each party's income and earning potential
- Each party's contribution to the marital property
- Each party's age and health
FAQs about the Divorce Process in South Dakota
Here are answers to frequently asked questions about the divorce process in South Dakota.
How Do I Modify a Divorce Decree in South Dakota?
Per SDCL 25-4-46, you can modify all final orders and decrees concerning alimony and spouse maintenance, child custody, and child support by filing a petition for modification. Note that the type of documents you will file depends on what aspect of your divorce decree you wish to modify. You can modify child support orders by taking the following steps:
- Complete and submit a Petition for Modification of Child Support, a copy of the most recent child support order, certain financial documents, and a check of $50 made payable to the "Clerk of Courts" to the Division of Child Support (DCS).
- DCS will file the petition and other documents with the Clerk of Court in the county where the child support order was issued.
- After that, the court will appoint a child support referee to conduct a hearing on the petition.
- The referee will schedule a hearing and send both parties a Notice of Hearing, including the date, time, location, and other important information regarding the hearing.
- The referee will conduct the hearing in person or by telephone to decide whether the child support order should be modified. Both parties will have the opportunity to testify and present evidence regarding their financial circumstances.
- After the hearing, the referee will write a report summarizing the evidence presented and recommending any changes to the child support order. The referee will file this report with the Clerk of Court and send a copy to all parties involved. This usually happens within 60 days after the hearing.
How Do I Enforce a Divorce Decree in South Dakota?
If your spouse disobeys a decree, temporary order, or other court order concerning your divorce, you may follow these instructions and ask the court to enforce the order:
- Download and complete a motion and affidavit for an order to show cause.
- File the motion and affidavit for an order to show cause with the Clerk of the Circuit Court that handled the divorce.
- Once you have filed the documents and paid the filing fee, the judge will decide if the petition has merits. After that, the Clerk will set a hearing date and contact you about the hearing.
- Once a hearing date has been set, you must serve your spouse the following documents:
- A copy of the petition for order to show cause
- Admission of service document
- Once your spouse returns the admission of service, you must file the document with the court.
- Attend the hearing.
What Are the Restrictions to a Divorce Decree in South Dakota?
SDCL 25-4-46 makes provisions for modifying all orders and decrees concerning alimony, spousal support, child custody, and child support. Similarly, SDCL 25-4-75 provides conditions for modifying property division judgments. Under this law, either party in a divorce can submit a motion to reopen the case if they can prove that the property existed at the time of the original decree but was not included.
Can I Efile My Divorce in South Dakota?
Although South Dakota has an e-filing system, you cannot e-file your divorce case. However, you can e-file specific motions related to your divorce, such as motions for modification of your divorce decree. To initiate a divorce action, you must file in person at the Circuit Court in your county.
How Do You Serve Divorce Papers in South Dakota?
After you file the relevant paperwork for your divorce, you must notify your spouse by serving them copies of the documents submitted to the court. There are two main ways to serve divorce papers in South Dakota. You can serve your spouse by contracting a sheriff to deliver the documents or using a process server. Once your spouse has been served, the sheriff or process server will provide you with a proof of service document. After that, you must make a copy of this proof of service for your records and file the original with the court.
Does South Dakota Mandate Couples to Participate in Divorce Mediation or Counseling?
In compliance with SDCL 25-4-56, the Circuit Court handling a divorce case may order mediation to help parents create and modify a parenting plan during custody or visitation disputes. However, mediation will not be ordered if either parent has been convicted of domestic abuse (as defined in subsection 25-10-1-1) or assault (as defined in subsection 25-10-1-2). Note that the mediation proceedings are private, and only the mediator and the parties involved in the divorce can participate.
How Do I Seal My Divorce Records in South Dakota?
To seal your divorce records in South Dakota, you must file a petition after the divorce is finalized. Upon reviewing your petition, the court may order your divorce records to be sealed if public access to these records conflicts with the safety of either or both parties involved in the case. After the court records and files relating to your divorce are sealed, the court may only permit inspection of the documents and files on petition by anyone involved in the case.
How Does South Dakota Calculate Alimony?
There is no specific formula for calculating alimony in South Dakota. However, the court ensures that the amount awarded as alimony is decided impartially. In South Dakota, the following factors are considered when calculating alimony:
- The length of the marriage
- The income and employability of both parties
- The age and health of the couple
- Lost economic opportunities due to the marriage
Once awarded, the alimony may be modified or terminated under certain situations, including:
- The death of either spouse
- Severe health issues
- The paying spouse reaches full retirement age
How Do I Access Historic Divorce Records in South Dakota?
South Dakota's historic divorce records are a good source of genealogical information, such as the date a marriage was registered and dissolved. South Dakota Circuit Courts maintained divorce records before 1902. However, since 1902, the State Department of Health has been assisting Circuit Courts in maintaining records of divorce proceedings. You can access historic divorce records by contacting the Clerk of the Circuit Court where the divorce was heard or by visiting the South Dakota State Department of Health.
