South Dakota Divorce Lawyer

Division of Property in a South Dakota Divorce

Some states are community property states. Almost any property acquired during the marriage is considered equally owned by both spouses in a marriage. In community property states, this property is divided equally in a divorce.

South Dakota is not a community property state. This means marital property is not divided 50/50 between each spouse when a divorce happens. Instead, both marital and separate property is divided based on equitable property distribution rules.

Equitable Property Distribution in South Dakota

Equitable property distribution rules state that any property owned by a marital couple will be divided among each person in accordance with their circumstances. This includes property owned both jointly and individually. Sometimes, the property you solely owned before the marriage can be divided, if the court determines it would be equitable or fair.

If, after your divorce, you believe your ex-spouse misrepresented their real estate 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. A South Dakota divorce lawyer can help you bring a motion to court.

Alimony in South Dakota

Either spouse can seek alimony, or spousal support, in the state of South Dakota during a legal separation. The courts may grant temporary, short, or long-term alimony at their discretion. South Dakota courts decide on awarding alimony depending on a number of factors.

Factors for awarding alimony in South Dakota include:

• The ability of the requesting spouse to be self-sufficient
• The length of the marriage
• The age of the divorcing couple
• Any health conditions of either spouse
• The marital fault causing the divorce, if any

Child Custody and Child Support in South Dakota

Divorce and child custody disputes can prove contentious. 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.

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 of divorce attorneys 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 Family Divorce Lawyers

To make certain your divorce is handled correctly and your best interests are upheld, our South Dakota divorce lawyers take 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 over 30 years, and we proudly continue the tradition each time our family law attorneys accept a new divorce case for a client.

Contact our Rapid City law office at any time to get started with a no-obligation consultation with a divorce lawyer in Rapid City, SD.