Family Law

• Divorce
  No. The divorce only applies to the husband and wife. It does not bind creditors. However a divorce agreement can say that one spouse or the other must refinance or otherwise remove the name of the other spouse from all accounts, and show proof that they have done that. Please see information on Joint Debts listed below, or our brochure on this subject.
• Child Support
  Named South Dakota Child Support Referee in 2006, for calculation of child support cases submitted by parents to the State office in Pierre.
• Child Custody and Visitation
  The Office of Child Support Enforcement's entire job is to establish paternity and start collecting support for children. They do not establish joint legal custody or visitation rights for fathers. Fathers need to bring a motion in front of a judge to get their visitation rights. They should look at the South Dakota Parenting Guidelines as an example of what they might receive for visitation. This office can assist you in filing the appropriate paperwork and getting a hearing.
• Paternity
  The issues in unmarried couple situations involve establishing paternity, then setting up custody, visitation, and support. In South Dakota, no father has parental rights just by being on the birth certificate, or by the child having his last name. The Judge has to declare that person the father before he has full parental rights. The formula for child support and visitation is the same as that for married couples.
• Spousal Support
  A divorce may be granted by default. If the Plaintiff serves the opening paperwork on the Defendant, and the Defendant does not respond to the opening paperwork, the Plaintiff can go straight to the judge after 61 days from the time the Defendant was served, and be granted a divorce. More than this, the Plaintiff may ask the judge for anything and everything that he or she asked for in the Complaint, including alimony, custody of the children, property, attorney's fees, and more. If you have been served with divorce paperwork, it is crucial that you make a formal reply within that time period. Even if the other side tells you that a proposal is coming, or not to worry about it, under no circumstances should you let 30 days go by without putting in a formal reply, or receiving from the Plaintiff or the Plaintiff's attorney a written promise that they will not seek a default judgment.