Family Law in Sioux Falls, SD

Child custody decisions are made based on the best interests of the child, considering factors such as the child’s relationship with each parent, the parents’ ability to provide care, and the child’s physical and emotional needs.

Legal separation allows couples to live separately and settle issues like property division and support without ending the marriage, while divorce legally terminates the marriage.

Yes, if there is a significant change in circumstances, such as income changes or relocation, you can petition the court to modify child support or custody arrangements.

While not always required, having an attorney during mediation or arbitration ensures your rights are protected and helps you understand the legal implications of any agreements reached.

In South Dakota, filing for divorce begins by meeting the residency requirement: the Plaintiff, the first party to file, in an action for divorce must be a resident of the state, or be stationed as a member of the armed services at the time of filing. To qualify as a resident of South Dakota, an individual must have a residence in the state. The Plaintiff does not have to continue to reside in South Dakota throughout the divorce but must reside in South Dakota when the action commences. 

The length of a divorce in South Dakota depends largely on whether it is uncontested or contested and on the complexity of the issues involved. A divorce action typically begins when a Plaintiff files a Summons and Complaint for divorce. Upon filing, the Plaintiff must serve the opposing party, or Defendant, with the Summons and Complaint. South Dakota requires a 60-day waiting period from the date the opposing party/Defendant is served or admits service to the Summons and Complaint for divorce before the divorce can be finalized, even in uncontested cases. 

Upon being personally served by a process server, or admitting service through signing an Admission of Service, Defendants have 30 days to respond with an Answer or Answer and Counterclaim to the Plaintiff’s Complaint. 

An uncontested divorce, where both spouses agree on matters such as property division, debts, child custody, and support, can often be completed shortly after this 60-day waiting period, typically taking about two to three months in total. Contested divorces, where disputes must be resolved through negotiation, mediation, hearings or trial, can take six months to a year or longer, depending on court schedules, motions, discovery, and the cooperation of both parties.

 Whether you are considering filing for divorce, or you have received a Summons and Complaint for divorce, our office can help you navigate the complexities of a divorce action. 

In a South Dakota divorce, the court will order child support. Child support is required when the couple has minor children. Child support is calculated based upon the incomes of the parties, taking into consideration the cost of health insurance and daycare for the children. 

In certain divorce matters, spousal support may also be awarded. The party requesting alimony must establish a need for support, and that their spouse has sufficient means and ability to provide for part or all of that need. Typically, the Courts look to the following factors for alimony claims: 

- The length of the marriage 

- Earning capacity of the parties

- Financial condition of the parties after property division  

- Overall health and physical condition of the parties 

- Standard of living of the parties

- Fault in the termination of the marriage

Agreements between the spouses can also influence support arrangements, however, the court must approve them to ensure fairness.

In South Dakota, property is divided under the principle of equitable distribution, which means the court aims to divide marital property fairly—but not necessarily equally. Marital property generally includes assets and debts acquired during the marriage, such as the family home, vehicles, bank accounts, retirement accounts, and debts incurred jointly. All property owned by the parties is subject to division, regardless of whose name is on the property. Property owned by one spouse before the marriage or received as a gift or inheritance may be considered separate property and not divided, though potentially any increase in its value during the marriage may be considered marital property.

When dividing marital property, the court considers factors such as the length of the marriage, each spouse’s income and earning potential, contributions to the marriage (including homemaking and childcare), age, health, and financial needs. The goal is to reach a fair and practical allocation, which may result in one spouse receiving more of certain assets while the other receives compensating property or financial support. Spouses can also negotiate a property settlement agreement, which the court can approve, often speeding up the divorce process and giving both parties more control over the outcome.