Divorce Representation in Sioux Falls
Providing Personalized & Proficient Representation
Are you thinking about divorce? Do you have questions or concerns as to the procedure, its consequences, and the impact it will have on your family? Divorce is a major life-changer for both spouses and their children. You should be thoroughly educated about how it works, what to expect, and how best to proceed. You will want to make the best decisions possible, especially when it comes to the welfare and stability of your children.
At Ver Beek Law, Prof. L.L.C, our practice focuses on family law exclusively. That means we have concentrated our professional efforts on all aspects of this field, giving us deeper insight into its intricacies. Our Sioux Falls attorney’s primary goal will be to ensure that you fully understand all of the ramifications involved in the decisions you make concerning divorce issues and their future effects on you and your children. We foster close relationships with our clients because we are always available and provide compassionate support.
Contact us to arrange for a consultation by calling (605) 250-2227 or through our online form.
Divorce in South Dakota
South Dakota offers “no-fault” divorce which means that, if both parties agree to the divorce, it is not necessary to prove marital fault or misconduct. No-fault divorce is based on the concept of irreconcilable differences, which means the spouses agree that the marriage is irreparably damaged and nothing can be done to restore it.
South Dakota also provides “fault” grounds for divorce should that be appropriate. In these cases, sufficient evidence must be provided to the court to prove the allegations.
These grounds include:
- Willful desertion (abandonment)
- Habitual intemperance (alcohol abuse)
- A felony conviction
- Extreme cruelty (grievous physical injury or mental suffering)
- Willful neglect
Divorce issues that must be resolved include child support, child custody and visitation, spousal support, and the equitable division of marital property and debts. If the parties cannot agree on these issues by themselves or through negotiation or mediation, the court will make the decisions for them.
South Dakota Divorce FAQs
There are a few questions people might have regarding the divorce laws in South Dakota.
Is there a residency requirement?
Many states have a length of residency requirement for couples who want to file for divorce. However, while South Dakota does have a residency requirement, there is no particular length of residency required to file for divorce in the state. Instead, the spouse must simply be a resident in good standing. Furthermore, the spouse must remain a state resident in good standing until the divorce is finalized.
Is there a waiting period?
The waiting period for a divorce in South Dakota is 60 days between filing for divorce and when the divorce can be finalized.
Is there legal separation in South Dakota?
South Dakota allows for legal separation. This allows for a couple to settle disputed matters such as child custody and support, live separately, and remain legally married. In essence, a couple can live as if they’re divorced, but they will still receive the same benefits that a legal marriage provides.
Are there annulments in South Dakota?
While divorce legally ends a marriage, annulment says the marriage never existed. There are limited cases when South Dakota will allow for annulment.
Ensure that Your Best Interests Are Protected
Having a trusted legal representative can help to ensure that your rights and best interests are looked after throughout the divorce process. Whether your divorce is uncontested or contested, Ver Beek Law, Prof. L.L.C. offers comprehensive legal service to help you through this major life transition.
Honest & Straightforward
We pride ourselves on being trusted advisors. If we feel pursuing something could negatively impact your case, it's our job to let you know.
Legal matters can impact many areas of your life; therefore, we help our clients identify potential snares and give them the tools they need.
No case is the same. We take the time to listen to our clients and really understand their goals and the future they are trying to build.
You can be confident our attorneys and staff have the experience and knowledge to help you make the right decisions with your legal matter.