Protecting Your Loved Ones Preserving Your Assets

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.

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 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

Both marital and separate property is divided based on equitable property distribution rules. The property you solely owned before the marriage can be divided, if the court determines that it would be equitable, or fair.

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 supportis 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 premanufactured 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 [+]
  • Please enter your first name.
  • Please enter your last name.
  • This isn't a valid email address.
    Please enter your email address.
  • This isn't a valid phone number.
    Please enter your phone number.
    You entered an invalid number.
  • Please select an option.
  • Please enter a message.