South Dakota
South DakotaSouth DakotaThe followingcapsule summary of the law in this state related to divorce maybe helpful to you. These brief statements are not meant tosubstitute for legal consultation, but rather to highlight themain issues to consider. Divorce Law GROUNDS FOR DIVORCE Grounds: Adultery; cruelty orviolence; desertion; impotency; nonsupport; insanity; convictionof crime. Residency: Plaintiff, at time actionis commenced, must be a resident. Waiting Period: Final immediately. No Fault: Irreconcilabledifferences. Defenses: Connivance; collusion;condonation; limitation or lapse of time. Code Section: 25-4-2, ct seq. CHILD CUSTODY
Uniform Child Custody Act:1978
Joint Custody:Yes, 25-5-7.1
Grandparent Visitation:Yes, 25-4-52, 53
Child's Wishes Considered:Yes
Code Section: 25-4-45 MARITAL PROPERTY
Community Property: No ANNULMENT AND PROHIBITEDMARRIAGE Grounds: Underage; previous marriageundissolved; either party of unsound mind; consent by fraud;physical incapacity. Time Limitation: Underage: Untilcouple cohabits after reaching age of consent; Previous marriageundissolved: Anytime; Unsound mind: Anytime; Fraud: Within 4years of discovery; Physical incapacity: 4 years after marriage. Legitimacy of Children: Children arelegitimate when marriage is annulled for reasons of mentalillness or previously undissolved marriage. Prohibited Marriages: Betweenancestor and descendant, brother and sister, uncle and niece,aunt and nephew, cousins, stepparent and stepchild. Code Section: 25-3-1, et seq. RESOURCES Office of Child Support EnforcementRegional Representative (South Dakota)
Federal Office Bldg., Rm. 924
1961 Stout St.
Denver, CO 80294
Phone: (303)844-5594 South Dakota Division of Banking
500 E. Capitol Ave.
Pierre, SD 57501-5070
Phone: (605)773-3421
Richard A. Duncan, Dir. of Banking South Dakota Insurance Division
500 E. Capitol
Pierre, SD 57501
Phone: (605)773-3563
Darla Lyon, Dir. South Dakota Office of Child SupportEnforcement
Department of Social Services
700 Governors Dr.
Pierre, SD 57501-2291
Phone: (605)773-3641
Fax: (605)773-4855 South Dakota State Department of Health
Vital Records
523 E. Capitol
Pierre, SD 57501-3182
Phone: (605)773-4961
Responds to public inquiries for birth, death, marriage, anddivorce records dated from July 1, 1905 (prior to this,incomplete records). Certified copies cost $5. Recorded message:(605)773-3355. For all inquiries, enclose a stamped,self-addressed envelope. State Bar of South Dakota
222 E. Capitol
Pierre, SD 57501
Phone: (605)224-7554
Fax: (605)224-0282 © 1997 Flying Solo™. All rights reserved. Legal Notices
Need more advice or help with this topic? Click here to get information about taking the "Next Step".
|
