Transcript of "South dakota divorce laws and child support and alimony laws « successful divorce planning for men. divorce blog"
South Dakota divorce laws and child support and alimony laws ... http://www.secretdivorce.com/successful-divorce-planning-for... Secret Divorce Home More Info on Secret Divorce Divorce Planning Tour Products « Divorce is not pretty. It doesn’t take a psychology degree to see such a simple truth. South Dakota divorce laws and child support and alimony laws In order to ﬁle for a divorce in South Dakota, residency requirements must be met for the court to accept the case. If the court discovers it does not have jurisdictional rights to hear the case it will not be accepted or it will eventually be dismissed. The requirements are as follows: The plaintiff in an action for divorce or separate maintenance must, at the time the action is commenced, be a resident of this state, or be stationed in this state while a member of the armed services, and in order that each party be entitled to the entry of a decree or judgment of divorce or separate maintenance, that residence or military presence must be maintained until the decree is entered. The divorce may be ﬁled in the county in which either spouse resides. The defendant has a legal right to have the case transferred to his or her county if desired. There is also a 60 day waiting period that must elapse after the date of ﬁling before the divorce will be granted. Grounds for Filing: The Complaint for Divorce must declare the appropriate South Dakota grounds upon which the divorce is being sought. The appropriate lawful ground will be that which the parties agree upon and can substantiate, or that which the ﬁling spouse desires to prove to the court. The divorce grounds are as follows: Grounds for divorce. Divorces may be granted for any of the following causes: 1. No-Fault: Irreconcilable differences. 2. Fault: (1) Adultery; 2) Extreme cruelty; (3) Willful desertion; (4) Willful neglect; (5) Habitual intemperance; (6) Conviction of felony; Deﬁnitions 1. Extreme cruelty deﬁned. Extreme cruelty is the inﬂiction of grievous bodily injury or grievous mental suffering upon the other, by one party to the marriage. 2. Willful desertion deﬁned–Special conditions applicable. Willful desertion is the voluntary separation of one of the married parties from the other with intent to desert. 3. Adultery deﬁned. Adultery is the voluntary sexual intercourse of a married person with one of the opposite sex to whom he or she is not married. Filing Spouse Title: Plaintiff. The Plaintiff is the spouse who initiates the ﬁling procedure with the family law or domestic relations court. Non-Filing Spouse Title: Defendant. The Defendant is the spouse who does not ﬁle the initial divorce1 of 6 12/15/11 6:18 AM
South Dakota divorce laws and child support and alimony laws ... http://www.secretdivorce.com/successful-divorce-planning-for... papers, but rather receives them by service. Court Name: State of South Dakota, County of __________, In the Circuit Court, __________ Judicial District. This is the South Dakota court where the divorce will be ﬁled. The court will assign a case number and have jurisdictional rights to facilitate and grant the orders concerning, but not limited to: property and debt division, support, custody, and visitation. The name of the court is clearly represented at the top of all documents that are ﬁled. Primary Documents: Complaint for Divorce and Decree of Divorce. These are the essential documents needed to start and ﬁnalize a divorce according to South Dakota law. There are anywhere from ten to twenty other documents that may be required throughout the ﬁling process. A few other documents that are typically ﬁled during the process are: Veriﬁcation, Marital Settlement Agreement, Afﬁdavit of Proof for Stipulated Judgment, Financial Afﬁdavit, and Notice of Final Hearing. Court Clerk’s Title: Ofﬁce of the Clerk of the County Circuit Court. The clerk or the clerk’s assistants will be the people managing your paperwork with the court. The clerk’s ofﬁce will keep the parties and the lawyers informed throughout the process in regards to additional paperwork that is needed, further requirements, and hearing dates and times. Child Custody: When minor children are involved in a divorce, the South Dakota courts will do everything possible to help lessen the emotional trauma the children may be experiencing. If the parents cannot come to an agreement regarding the issues involving the children, the court will establish the custody order at its discretion. The court will award sole or joint custody based on the standards of what is in the best interests of the children. The court will consider the following; marital misconduct only if it is relevant to the further well being of the child; the child wishes depending on age and maturity; and the expressed desires of the parents. The court will not discriminate based on the parents gender. Any agreement by the parties for visitation other than the standard guidelines shall be in writing, signed by both parties and ﬁled with the court. The agreed plan shall be approved by court order and replace the standard guidelines or any plan previously ﬁled. Child Support: South Dakota child support guidelines are based on the Income Shares Model for calculating child support. The monthly support amount determined by applying the guidelines is divided proportionally according to each parent’s income. These two support amounts are then offset to establish which parent will pay the other parent for support of the child. All income is typically veriﬁed by examining past W-2 s and child support worksheets are available at the courthouse. Child support is determined by the state guidelines, which is based primarily on the income of each parent. Income is deﬁned as follows: (1) Compensation paid to an employee for personal services, whether salary, wages, commissions, bonus, or otherwise designated; (2) Self-employment income including gain, proﬁt, or loss from a business, farm, or profession; (3) Periodic payments from pensions or retirement programs, including social security or veteran’s beneﬁts, disability payments, or insurance contracts; (4) Interest, dividends, rentals, royalties, or other gain derived from investment of capital assets; (5) Gain or loss from the sale, trade, or conversion of capital assets; (6) Unemployment insurance beneﬁts; (7) Worker’s compensation beneﬁts; and (8) Beneﬁts in lieu of compensation including military pay allowances. If the income of the parents is derived from seasonal employment, or received in payments other than regular, recurring payments, such income shall be annualized to determine a monthly average income.2 of 6 12/15/11 6:18 AM
South Dakota divorce laws and child support and alimony laws ... http://www.secretdivorce.com/successful-divorce-planning-for... If a child’s needs are not being met through the income of the parents, assets shall be considered. If the parents have savings, life insurance or other assets in amounts unrelated to income, these holdings shall be considered. The parents’ ability to borrow may be used to determine ﬁnancial ability. Property Distribution: Since South Dakota is an “equitable distribution” state, the marital property shall be divided in an equitable fashion. Equitable does not mean equal, but rather what is fair. The court will encourage the parties to reach a settlement on property and debt issues otherwise the court will declare the property award. When a divorce is granted and the parties have not agreed otherwise, the courts may make an equitable division of the property belonging to either or both, whether the title to such property is in the name of the husband or the wife. In making such division of the property, the court shall have regard for equity and the circumstances of the parties. Fault shall not be taken into account with regard to the awarding of property, except as it may be relevant to the acquisition of property during the marriage. The courts will consider the following factors when making a property award upon divorce; the contribution each spouse had to the acquisition of the marital property; the value of each spouses separate property; the amount of time the spouse have been married; the age and health condition of each spouse; the current and future earning capacity of each spouse; and the value of the property being distribution as well as the income potential of that property. Restoration or Name Change: Whenever a decree of divorce is granted, the trial court may, in its discretion or upon the application of either party by the terms of the decree, restore to the woman her maiden name or the name she legally bore prior to her marriage to the husband in the divorce suit. Spousal Support: Not all cases involve support from one spouse to the other. The obligation of one spouse to support the other ﬁnancially for a temporary or permanent basis is decided on a case-by-case basis as agreed to by the parties or at the court’s discretion. Allowance for support when divorce granted. Where a divorce is granted, the court may compel one party to make such suitable allowance to the other party for support during the life of that other party or for a shorter period, as the court may deem just, having regard to the circumstances of the parties represented; and the court may from time to time modify its orders in these respects. The factors the court will consider when establishing a support award are as follows; the length of the marriage; the ﬁnancial repercussions of each spouse; the ﬁnancial resources of each spouse; the age of the spouses; the health condition of the spouses; and the marital fault that caused the divorce if any. The department shall enforce the support obligation due to a spouse or former spouse who is living with his or her child, but only if a support obligation has been established for the spouse and the child support obligation is being enforced. Counseling or Mediation Requirements: If it appears that there is a reasonable possibility of reconciliation, the court shall continue the proceeding for a period not to exceed thirty days. During the period of the continuance, the court may enter any order for the support and maintenance of the parties, the custody, support, maintenance, and education of the minor children of the marriage, attorney fees, and for the preservation of the property of the parties. At any time after the termination of the thirty-day period, either party may move for the dissolution of the marriage or a legal separation, and the court may enter its judgment decreeing the dissolution or separation.3 of 6 12/15/11 6:18 AM
South Dakota divorce laws and child support and alimony laws ... http://www.secretdivorce.com/successful-divorce-planning-for... State Abbreviation SD Statehood November 2, 1889 State Capital Pierre Number of Counties 66 State Population (2005) 775,933 State Quarter Issue Date November 6, 2006 State Flower American pasqueﬂower Nickname Mount Rushmore State, Coyote State State Flag Area Codes 605 Sioux Falls 123,975 Rapid City 59,607 Top 5 Cities (2000 population) Aberdeen 24,658 Watertpwm 20,237 Brookings 18,504 Major Sports Teams None share share Like Tags: South Dakota alimony laws, South Dakota child support laws, South Dakota divorce facts, South Dakota divorce laws This entry was posted on Thursday, December 15th, 2011 tweets at 7:17 am tweets and is ﬁled under Alimony, Child Support, Divorce Advice, Divorce advice for men, Divorce Facts, South Dakota divorce laws. You can follow any responses to this entry through the RSS 2.0 feed. Both comments and pings are currently closed. Edit this entry. Comments are closed. Members Area Search for: Search Categories4 of 6 12/15/11 6:18 AM
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