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Divorce Attorney in South Dakota

How to File for Divorce in South Dakota

One of the top concerns people have as they stare down a divorce is that they will not be able to enjoy their future once it concludes. At Aspen Legacy Planning in South Dakota, it is our mission to make certain you do not feel that way about your divorce. The truth is your future can be bright, hopeful, and happier after your divorce ends — but it might just take some careful legal representation to get there.

Our divorce lawyers can help you with:

  • Contested and uncontested divorce
  • Child support and custody
  • Property division


Take control of your tomorrow with our help. Call our divorce lawyers at (605) 610-4016!


What You Should Know About Divorce in South Dakota

Every divorce is unique because the two people getting the divorce are unique themselves. Furthermore, each state has its own rules when it comes to divorce and family law that you will be expected to follow, whether your divorce goes through mediation or litigation.

Filing for a No-Fault Divorce in South Dakota

In South Dakota, in uncontested cases and by stipulation, irreconcilable differences will serve as sufficient grounds for divorce. This means you can file for what's known as a no-fault divorce. However, in a contested case, a person must prove a "ground" for divorce, such as adultery, extreme cruelty, desertion, willful neglect, habitual intemperance, or conviction of a felony.

Ninety-eight percent of contested cases are based on the ground of extreme cruelty, as it is the ground most closely fitting the modern trend of "no-fault" divorce.

Division of Property in a South Dakota Divorce

South Dakota is not a community property state. Both marital and separate property is divided based on equitable property distribution rules. This means that any property owned by a marital couple, both jointly and individually, will be divided among each person in accordance with their circumstances. The property you solely owned before the marriage can be divided, if the court determines that it would be equitable or fair.

If, after your divorce, you believe your ex-spouse misrepresented their property or assets, you can bring a motion to court. If the omission is proven to be intentional, you could be awarded damages. The statute of limitations to bring this motion to court is within two years of discovery, or three years of the divorce. This extends to ten years if the assets were intentionally hidden.

Child Custody and Child Support in South Dakota

Child custody determinations are usually concluded so the child can see both parents somewhat equally through a joint custody agreement. If you want sole custody of your child, then you will have to work uphill for it. We can help.

Child support is expected to be paid by both parents to a reasonable degree. The factors for child support are based on the income of both parents, the child’s needs, and the possible future earning capacity of each parent. Our legal team can help you get a clear understanding of all of these financing factors so we can work towards a fair child support agreement that takes care of your child.

Reach Out to our South Dakota Divorce Attorney

To make certain your divorce is handled correctly and your best interests are upheld, our South Dakota divorce lawyer takes the time to get to know you and your situation as to best provide personalized, caring representation.

No one is given a cookie-cutter solution or a pre-manufactured approach to their case. It is this dedication to genuine yet effective legal representation that has made us stand out for 25+ years, and we proudly continue the tradition each time we accept a new divorce case for a client.

Want a no-obligation consultation? Contact us at any time to get started!

  • No-Obligation Consultations

    We offer no-obligation in-person, telephone and video-conference consultations for your convenience.

  • 26+ Years of Legal Experience

    Our attorney has extensive experience in complex business, commercial and family legal issues.

  • Relationship Focused Services

    As your attorney and counselor, we put your interests first - treating you with respect, honesty and dignity.

Contact Us Today!

How to Reach Us (817) 270-6296 Main Office
909 St. Joseph Street, Suite 202
Rapid City, SD 57701 Map & Directions [+]

Northern Hills Office
540 Heritage Drive, Suite 4
Spearfish, South Dakota 57783
Map & Directions [+]
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