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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.

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.

In South Dakota, it does not matter whether title to property is in the husband's name, the wife's name, or both. Regardless of title, the court can split the property or even give it to the other spouse if that's the most equitable thing to do.

Adultery is the voluntary sexual intercourse of a married person with one of the opposite sex to whom he or she is not married. The effective date of this section is July 1, 1984. SDC 1939, § 14.0704; repealed SL 1976, ch 158, § 22-8; re-enacted SL 1984, ch 12, § 38; SL 1985, ch 15, § 36.

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.

The average cost for a divorce in South Dakota is $1,500, though this can vary depending on the complexity of the case and the attorneys involved. There are also certain fees that must be paid to the court, such as a filing fee and a service of process fee.