What is the process of filing for a no-fault divorce in South Dakota?

What is a No-Fault Divorce?

A no-fault divorce is a type of divorce where the couple is not required to prove that one party is at fault for the breakdown of the marriage. Instead, the couple can simply state that the marriage has irretrievably broken down and that there is no reasonable prospect of reconciliation.

Eligibility for No-Fault Divorce in South Dakota

To be eligible for a no-fault divorce in South Dakota, the couple must have been married for at least one year and must have lived in the state for at least six months. Additionally, the couple must have a valid reason for seeking a divorce, such as irreconcilable differences, incompatibility, or a lack of communication.

Steps to File for No-Fault Divorce in South Dakota

To file for a no-fault divorce in South Dakota, you will need to follow these steps:

1. File a Petition for Divorce: You will need to file a petition with the court, stating that you are seeking a divorce and providing the necessary information about your marriage and your spouse.

2. Serve Your Spouse: You will need to serve your spouse with a copy of the petition, either by personal service or by certified mail.

3. Wait for a Response: Your spouse will have 20 days to respond to the petition, either by filing an answer or by requesting a default judgment.

4. Attend a Hearing: If your spouse responds to the petition, you will need to attend a hearing to present your case and to answer any questions that the court may have.

5. Get a Divorce Decree: Once the court has made a decision, you will receive a divorce decree, which will officially end your marriage.

Documents Required for No-Fault Divorce in South Dakota

To file for a no-fault divorce in South Dakota, you will need to provide the following documents:

• A Petition for Divorce

• A Summons

• A Marital Settlement Agreement (if you and your spouse have reached an agreement on the terms of your divorce)

• A Property Settlement Agreement (if you and your spouse have reached an agreement on the division of your property)

• A Child Custody Agreement (if you and your spouse have reached an agreement on the custody of your children)

• A Child Support Agreement (if you and your spouse have reached an agreement on the amount of child support to be paid)

Fees for No-Fault Divorce in South Dakota

The fees for filing for a no-fault divorce in South Dakota are as follows:

• Filing Fee: $175

• Service Fee: $25

• Additional Fees: $50 (if you and your spouse have reached an agreement on the terms of your divorce)

Timeline for No-Fault Divorce in South Dakota

The timeline for filing for a no-fault divorce in South Dakota is as follows:

• Initial Filing: 20 days

• Response to Petition: 20 days

• Hearing: 30 days

• Divorce Decree: 60 days

Conclusion

Filing for a no-fault divorce in South Dakota is a relatively straightforward process. By understanding the requirements and procedures involved, you can ensure a smooth and stress-free experience. Remember to file the necessary documents, pay the required fees, and attend the hearing to present your case. With the help of this guide, you can navigate the process of filing for a no-fault divorce in South Dakota with ease.