South Dakota Marital Settlement Agreement
A South Dakota marital settlement agreement lets divorcing spouses divide their property and debts, set spousal support, and address custody and child support, then have those terms approved and incorporated into the divorce decree. Attorney review available.
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Introduction
South Dakota lets the court divide property belonging to either or both spouses regardless of which one holds title (S.D. Codified Laws 25-4-44), and a marital settlement agreement is the written contract divorcing spouses use to settle that division of property, debts, and spousal support, plus (by reference) custody and child support, so the terms can be approved and incorporated into the decree that ends the marriage. South Dakota is an equitable-distribution state: when a divorce is granted, the court may make an equitable division of the property belonging to either or both spouses, whether the title is in one spouse's name or the other's, having regard for equity and the circumstances of the parties (S.D. Codified Laws 25-4-44). Equitable means fair, not necessarily an even split, and the court can reach property regardless of which spouse holds title. A South Dakota marital settlement agreement lets you set that division yourselves and present it to the court instead of leaving it to the judge. South Dakota has no statewide formula for spousal support; the court may compel one party to make a suitable allowance to the other as it deems just, having regard to the circumstances of the parties (S.D. Codified Laws 25-4-41). Custody and child support follow the statewide child support schedule (S.D. Codified Laws 25-7-6.2), stay subject to court approval, and remain modifiable, so an agreement cannot bargain them away. A divorce cannot be heard, tried, or determined until at least sixty days have passed from service of the summons and complaint (S.D. Codified Laws 25-4-34). DocDraft builds your South Dakota marital settlement agreement from your facts, with attorney review available before you sign.
Key Things to Know
- 1
In South Dakota a divorce cannot be heard until at least sixty days have passed from service of the summons and complaint, and a South Dakota marital settlement agreement is the written contract divorcing spouses use to settle property and debt division, spousal support, and by reference custody and child support, so those terms can be approved and incorporated into the decree that ends the marriage.
- 2
South Dakota is an equitable-distribution state: when a divorce is granted, the court may make an equitable division of the property of either or both spouses, whether title is in one spouse's name or the other's, having regard for equity and the circumstances of the parties (S.D. Codified Laws 25-4-44).
- 3
Equitable division means fair, not necessarily equal. South Dakota is an all-property state, so the court can divide property regardless of which spouse holds title, and there is no statewide formula or fixed percentage for the split.
- 4
South Dakota has no statewide formula for spousal support. The court may compel one party to make a suitable allowance to the other for support, for life or a shorter period, as it deems just having regard to the circumstances of the parties, and may modify its orders (S.D. Codified Laws 25-4-41).
- 5
Child support follows South Dakota's statewide child support schedule on an income shares model (S.D. Codified Laws 25-7-6.2). Parents may agree on an amount, but it stays subject to court approval and modification; custody and child support cannot be bargained away.
- 6
A South Dakota divorce cannot be heard, tried, or determined until at least sixty days have passed from the completed service of the summons and complaint (S.D. Codified Laws 25-4-34). The court may issue temporary orders during that waiting period.
- 7
A South Dakota marital settlement agreement should be in writing and signed by both spouses. No South Dakota statute was located requiring the agreement to be notarized, but signing before a notary can help prove the signatures are genuine.
Key decisions before you file
Before you file a Marital Settlement Agreement in South Dakota, a few decisions shape the document: which option to choose and what each one means. The Marital Settlement Agreement guide walks through them.
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South Dakota Requirements for Marital Settlement Agreement
Equitable Division of Property
South Dakota is an equitable-distribution state. When a divorce is granted, the court may make an equitable division of the property of either or both spouses, whether title is in one spouse name or the other, having regard for equity and the circumstances of the parties (S.D. Codified Laws 25-4-44).
Fair Not Necessarily Equal
Equitable division means fair, not necessarily equal. South Dakota is an all-property state, so the court can divide property regardless of which spouse holds title, and there is no statewide formula or fixed percentage. A South Dakota marital settlement agreement lets the spouses set the division themselves, subject to court review.
No Statewide Spousal Support Formula
South Dakota has no statewide formula for spousal support. The court may compel one party to make a suitable allowance to the other for support, for life or a shorter period, as it deems just having regard to the circumstances of the parties, and may modify its orders (S.D. Codified Laws 25-4-41).
Child Support Follows the Schedule
Child support follows South Dakota statewide child support schedule on an income shares model (S.D. Codified Laws 25-7-6.2). Parents may agree on an amount, but it stays subject to court approval. Child support cannot be bargained away.
Custody and Child Support Stay Modifiable
Custody and child support terms in a South Dakota marital settlement agreement remain subject to court approval and can be modified later in the best interests of the children. These terms are never fixed the way a property division can be.
In Writing and Signed
A South Dakota marital settlement agreement should be in writing and signed by both spouses. No South Dakota statute was located that requires the agreement to be notarized to be valid, but signing before a notary can help prove the signatures are genuine.
Sixty Day Waiting Period
A South Dakota divorce cannot be heard, tried, or determined by the court until at least sixty days have passed from the completed service of the summons and complaint (S.D. Codified Laws 25-4-34). The court may issue temporary orders during the waiting period.
Approval and Incorporation Into the Decree
After both spouses sign, the agreement is presented to the court, and when the divorce is granted its terms are approved and incorporated into the decree of divorce so they take effect as court orders (S.D. Codified Laws 25-4-44, 25-4-41). The court must still review and approve the terms.