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A divorce is a legal action that ends a marriage. During a divorce, parties divide assets and debts. It may also give spousal support, which is sometimes called alimony. The divorce proceeding will also give support for the minor children, if any. This is done by establishing child support, a division of the children’s expenses (such as health insurance, out-of-pocket health care expenses, and daycare) and set up a schedule for parenting time. It is best to have a lawyer for a divorce, but you can do it without one.
Adoption is the legal creation of a parent-child relationship. The adoption process is designed to give permanent homes for children who need them. Adoptive parents become the child's legal parents, with all of the rights and responsibilities of parenthood.
There are three types of Protection Orders in South Dakota:
What is a Guardianship or Conservatorship?
Guardianships and conservatorships are court-created and court-supervised relationships between two people. In a guardianship a person, called the “guardian,” is given authority to act for the other person, called the “protected person” (or, previously, the “ward”). A conservatorship is based on the same principle, but the person given authority to make decisions for the protected person is called a “conservator.”
How do I make my SD parenting plan / child custody agreement?
In South Dakota, you can write up your own parenting plan (on your own or with the other parent). You can work with an attorney or legal professional and have them create it. A stipulation and settlement agreement, mediated agreement or written agreement can be made between the parties. It will not be enforced (by law enforcement) without an order from the court.
The South Dakota Legislature established guidelines which courts must use to decide that a fair share of parental income and resources is allocated to the child when that child’s parents are separated, divorced or unmarried. The joint monthly net incomes of both parents must be used in determining the obligation and divided proportionately between the parents based on their respective net incomes, even if the parties have joint physical custody. The noncustodial parent’s proportionate share establishes the amount of the child support obligation.
Who is allowed to change their name?
Many South Dakota residents may change their name following marriage or through divorce proceedings. However, some people wish to change their name for other reasons.
What steps do I need to take to change my name?
The South Dakota Unified Judicial System website has printable instructions and forms for both an adult and a minor child name change.
How do I make my South Dakota custody and visitation schedule?
When creating a child visitation schedule in the State of South Dakota, it is important to be aware of the laws governing child custody and visitation in the State.
These laws are found in the South Dakota Codified Laws, Title 25, Domestic Relations.
What is domestic violence?
Domestic violence is any behavior the purpose of which is to gain power and control over a spouse, partner, girl/boyfriend or intimate family member. This may include physical violence, threat of violence, sexual, emotional and psychological intimidation, verbal abuse, stalking and economic control.
What is sexual abuse?
Unwanted sexual activity, with perpetrators using force, making threats or taking advantage of victims unable to give consent.
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