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What Role Does Adultery Play in a South Dakota Divorce? In South Dakota, innocent spouses can request a fault-based divorce if the other spouse committed adultery during the marriage. Other grounds (reasons) for fault-based divorce in South Dakota include: extreme cruelty.

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.

You can get a divorce in South Dakota without claiming that your spouse is at fault (a ?no-fault? divorce). The judge can grant you a no-fault divorce if the judge finds that there are irreconcilable differences between you and your spouse.

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.

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 is an equal distribution state, and while that may imply a perfect 50/50 split of assets, it is not actually what it means or how it works out for many couples. Equal distribution just means each party will walk away with a fair share of assets, which may or may not equal 50% of the marital property.