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South Dakota Separation Agreement
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Every judge and lawyer will tell you to never rely on a verbal agreement, which is why everyone who is separating or divorcing in South Dakota should have a written and signed Separation Agreement.
Our South Dakota Premium Separation Agreement Software is the easiest and most affordable way to effectively resolve your marital issues in writing. From your own home, without waiting and spending hours of time, you will have your own separation agreement in typically less than 1 hour.
ALERT: Before you begin, you may want to consider South Dakota Divorce Online which includes your Separation Agreement and all your necessary South Dakota divorce paperwork and filing instructions.
Why Have a South Dakota Separation Agreement?
1. A Separation Agreement will settle in writing all of your marital issues, thus protecting you and your spouse up until you decide to divorce. Most separations last much longer than expected, so it is essential that important issues like financial matters, property and debts, custody, visitation, and support are expressed in writing in a legal binding agreement.
2. A Separation Agreement is often the official legal document used to settle the marital issues upon divorce. Your final judgment or decree for divorce may reference the Agreement and the court will order your divorce according to the contents of the Agreement.
3. Getting a "Legal Separation" is also a valid reason to have a separation agreement. Legal Separations are not very popular in South Dakota (most South Dakota lawyers do not even do them). The legal separation filing process is very similar to a divorce, so rarely is it the first option. If you are considering a legal separation, here are some of the laws regarding South Dakota legal separations:
The grounds for legal separation (separate maintenance) in South Dakota are the same as for divorce. The spouse filing for legal separation must be a resident of South Dakota or a member of the Armed Forces stationed in South Dakota at the time of the filing and must remain a resident until the legal separation is final. [South Dakota Codified Laws; Title 25, Chapters 25-4-17.2 and 25-4-40].
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