Protect Legal South Dakota Property Settlement Forms For Free

South Dakota is an equitable distribution state. This means property from a marriage is divided fairly and equitably, but not necessarily on a 50/50 split. Couples and the courts consider many factors before reaching a final agreement.

Tax law says an individual legally separated from his or her spouse under a decree of divorce or a decree of separate maintenance shall not be considered as married. Many couples are legally separated but are still considered married under state and federal law.

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.

Both Marital and Separate Property are Divided When a couple divorces in South Dakota, everything they own is characterized as either marital or separate property. Marital property is property that belongs to the marriage. Generally, this type of property is acquired or earned during the marriage.

South Dakota is an ?all property? state. This means when a divorce is granted, a court can make an equitable (or "fair") division of the property belonging to either person, whether the title to the property is in the name of the husband or the wife.

State Laws Regarding Legal Separations Many states do not recognize legal separations. For instance: South Dakota and North Carolina do not have or recognize a formal process for legal separation. If you are a resident of either state you will need to file for divorce.