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Since South Dakota is an "equitable distribution" state, the marital property shall be divided in an equitable fashion.Equitable does not mean equal, but rather what is fair.
If the court discovers it does not have jurisdictional rights to hear the case it will not be accepted or it will eventually be dismissed.A few other documents that are typically filed during the process are: Verification, Marital Settlement Agreement, Affidavit of Proof for Stipulated Judgment, Financial Affidavit, and Notice of Final Hearing. The clerk or the clerk's assistants will be the people managing your paperwork with the court.The clerk's office will keep the parties and the lawyers informed throughout the process in regards to additional paperwork that is needed, further requirements, and hearing dates and times.The factors the court will consider when establishing a support award are as follows; the length of the marriage; the financial repercussions of each spouse; the financial resources of each spouse; the age of the spouses; the health condition of the spouses; and the marital fault that caused the divorce if any.
The department shall enforce the support obligation due to a spouse or former spouse who is living with his or her child, but only if a support obligation has been established for the spouse and the child support obligation is being enforced.In making such division of the property, the court shall have regard for equity and the circumstances of the parties.