Discover the Best Divorce Lawyers in Rapid City, SD
Are you worried about the implications of your divorce? Many people feel overwhelmed by the legal complexities involved in the process. At Aspen Legacy Planning, our mission is to provide you with the necessary help and support to ensure a brighter future after the conclusion of your divorce. You don’t have to navigate this challenging time on your own.
Understanding Divorce in South Dakota
Divorce laws vary from state to state, and South Dakota is no exception. Whether your divorce is resolved through mediation or litigation, the specific state laws will play a crucial role in determining the course of your divorce proceedings.
Filing for Divorce in South Dakota
While the initial filing process may seem straightforward, it’s advisable to enlist the assistance of a qualified divorce attorney. Once you’ve chosen your legal representation, they will prepare a summons and complaint to be served to your spouse. This document outlines the grounds for divorce, as well as any requests related to child custody, child support, alimony, property division, and other important terms. Your spouse will then have thirty days to respond to the complaint.
No-Fault Divorce in South Dakota
In uncontested divorce cases or by stipulation, irreconcilable differences serve as sufficient grounds for a no-fault divorce in South Dakota. This means that as long as both parties agree, you can proceed with a divorce without placing blame on either party.
However, in contested divorce cases, it is necessary to prove specific grounds for divorce. South Dakota recognizes various grounds, including adultery, extreme cruelty, desertion, willful neglect, habitual intemperance, conviction of a felony, and long-term mental illness. Extreme cruelty is the most common ground for contested divorces, aligning with the trend towards “no-fault” divorce.
Equitable Property Distribution in South Dakota
Unlike community property states, South Dakota follows equitable property distribution rules. This means that property owned by the couple—both jointly and individually—will be divided based on the unique circumstances of each spouse. Even property owned before the marriage can be subject to division if the court deems it fair and equitable. If you suspect that your ex-spouse has misrepresented their assets during the divorce proceedings, you can bring a motion to court within two years of discovery or three years of the divorce. Consult a South Dakota divorce lawyer for assistance.
Seeking Alimony in South Dakota
Either spouse can seek alimony, also known as spousal support, during a legal separation in South Dakota. The courts have the discretion to award temporary, short-term, or long-term alimony based on several factors. The requesting spouse’s ability to be self-sufficient, the length of the marriage, the age and health conditions of both parties, and any marital fault contributing to the divorce are all considered in determining alimony.
Child Custody and Child Support in South Dakota
Child custody and support matters can be contentious during divorce proceedings. South Dakota courts generally prefer joint custody arrangements that allow the child to maintain a relationship with both parents. Sole custody is more challenging to obtain and requires strong arguments and evidence.
Child support is based on the income of both parents, the child’s needs, and the potential future earning capacity of each parent. Our team of experienced divorce attorneys can guide you through the financial aspects of child support to reach a fair agreement that ensures the well-being of your child.
Trustworthy Divorce Lawyers in Rapid City, SD
At Aspen Legacy Planning, we prioritize your best interests and offer personalized legal representation. Our experienced divorce lawyers take the time to understand your unique circumstances, ensuring that you receive the support and guidance you deserve. With 30 years of reliable service, we continue to provide genuine and effective legal representation to our valued clients.
Contact our Rapid City law office at any time to schedule a no-obligation consultation with a divorce lawyer. Take the first step towards a brighter future for you and your family.