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South Dakota law requires courts to make an ?equitable division of property? during a divorce. This applies to all property owned by a married couple, both joint property and the individual property belonging to each spouse. It doesn't necessarily mean a split either.

Let's use South Dakota as an example. There is no waiting period for remarriage if you reside here. However, when adultery is cited as the reason for divorce by either party, the spouse who was in the wrong is not permitted to remarry as long as their ex-spouse is alive.

Getting Help Filing Your South Dakota Divorce If you'd like to DIY your divorce, the state has information, instructions, and forms available online. You can also get forms from your court clerk.

South Dakota has the following fault-based grounds for divorce: adultery. extreme cruelty. willful desertion for at least a year. willful neglect for at least a year. habitual intemperance lasting at least a year. conviction of a felony, and. chronic mental illness lasting five or more years.

In South Dakota, the standard parenting guidelines will set out the custody arrangement to be followed by the parents. You can object to the standard guidelines and the judge will order a hearing within thirty days.

How long does it take to get divorced? A divorce in South Dakota cannot be granted until 61 days have passed from the date the Defendant was served with the opening paperwork. The parties can reach an agreement at any point in that time, but the divorce cannot be finalized until 61 days have passed.