South Dakota Ground Rules

What are the grounds for divorce in South Dakota?

A divorce may be granted in South Dakota divorce law using either “Fault” or “No-Fault” grounds.

Fault grounds include:
(1) adultery;
(2) confinement for incurable insanity;
(3) conviction of a felony;
(4) willful desertion;
(5) cruel and inhuman treatment;
(6) willful neglect;
(7) habitual intemperance;
(8) separation caused by misconduct.

No-Fault grounds include:
Irreconcilable differences which have caused the irretrievable breakdown of the marriage.

Of these, the “No-Fault” ground is the most straightforward and easiest to prove.

Annulment

In South Dakota divorce law, the court declares the marriage contract broken; in an annulment, the court says that there never was a marriage. Annulment is much more difficult to prove — and is much rarer — than divorce. If you want to go this route, you will definitely need to speak to a divorce attorney. Of course, if you want an annulment for religious reasons, you’ll need to consult with your priest, minister, or rabbi as well.

Documentation

You’ll need to provide your divorce lawyer with the following documentation in order to proceed with your dissolution. Start gathering everything together as soon as possible so that you can find out what might be missing and submit any requests for duplicates.

Personal Data

• Full addresses and phone numbers of both parties.
• Full names, birth dates, and addresses of all children of the marriage, their school and grade.
• Information about any prior marriage of either spouse, including a certified copy of the divorce decree.
• A copy of any domestic contracts (e.g. a prenuptial agreement).
• Information about any previous legal proceedings between the spouses or involving any of the children.
• Dates and particulars about any previous separations, attempts at reconciliation, or marriage counseling.

Financial Data

• Your previous year’s income tax return, and any related data from the IRS.
• Information about your current income, e.g. a current pay slip.
• A list of substantial assets and liabilities of both spouses.