The plaintiff in an action for divorce or separate maintenance must, at the time the action is commenced, be a resident of this state, or be stationed in this state while a member of the armed services, and in order that each party be entitled to the entry of a decree or judgment of divorce or separate maintenance, that residence or military presence must be maintained until the decree is entered. The divorce may be filed in the county in which either spouse resides. The defendant has a legal right to have the case transferred to his or her county if desired. There is also a 60 day waiting period that must elapse after the date of filing before the divorce will be granted.

Grounds for Filing:
The Complaint for Divorce must declare the appropriate South Dakota grounds upon which the divorce is being sought. The appropriate lawful ground will be that which the parties agree upon and can substantiate, or that which the filing spouse desires to prove to the court. The divorce grounds are as follows:

Grounds for divorce.
Divorces may be granted for any of the following causes:

1. No-Fault: Irreconcilable differences.
2. Fault: (1) Adultery; 2) Extreme cruelty; (3) Willful desertion; (4) Willful neglect; (5) Habitual intemperance; (6) Conviction of felony;

Definitions

1. Extreme cruelty defined. Extreme cruelty is the infliction of grievous bodily injury or grievous mental suffering upon the other, by one party to the marriage.
2. Willful desertion defined–Special conditions applicable. Willful desertion is the voluntary separation of one of the married parties from the other with intent to desert.
3. Adultery defined. Adultery is the voluntary sexual intercourse of a married person with one of the opposite sex to whom he or she is not married.

Filing Spouse Title: Plaintiff. The Plaintiff is the spouse who initiates the filing procedure with the family law or domestic relations court.

Non-Filing Spouse Title: Defendant. The Defendant is the spouse who does not file the initial divorce papers, but rather receives them by service.

Court Name: State of South Dakota, County of __________, In the Circuit Court, __________ Judicial District. This is the South Dakota court where the divorce will be filed. The court will assign a case number and have jurisdictional rights to facilitate and grant the orders concerning, but not limited to: property and debt division, support, custody, and visitation. The name of the court is clearly represented at the top of all documents that are filed.

Primary Documents: Complaint for Divorce and Decree of Divorce.
These are the essential documents needed to start and finalize a divorce according to South Dakota law. There are anywhere from ten to twenty other documents that may be required throughout the filing process. 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.

Court Clerk’s Title: Office of the Clerk of the County Circuit Court.
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.

Child Custody: When minor children are involved in a divorce, the South Dakota courts will do everything possible to help lessen the emotional trauma the children may be experiencing. If the parents cannot come to an agreement regarding the issues involving the children, the court will establish the custody order at its discretion.

The court will award sole or joint custody based on the standards of what is in the best interests of the children. The court will consider the following; marital misconduct only if it is relevant to the further well being of the child; the child wishes depending on age and maturity; and the expressed desires of the parents. The court will not discriminate based on the parents gender.

Any agreement by the parties for visitation other than the standard guidelines shall be in writing, signed by both parties and filed with the court. The agreed plan shall be approved by court order and replace the standard guidelines or any plan previously filed.

Child Support: South Dakota child support guidelines are based on the Income Shares Model for calculating child support. The monthly support amount determined by applying the guidelines is divided proportionally according to each parent’s income. These two support amounts are then offset to establish which parent will pay the other parent for support of the child. All income is typically verified by examining past W-2′s and child support worksheets are available at the courthouse.

Child support is determined by the state guidelines, which is based primarily on the income of each parent. Income is defined as follows: (1) Compensation paid to an employee for personal services, whether salary, wages, commissions, bonus, or otherwise designated; (2) Self-employment income including gain, profit, or loss from a business, farm, or profession; (3) Periodic payments from pensions or retirement programs, including social security or veteran’s benefits, disability payments, or insurance contracts; (4) Interest, dividends, rentals, royalties, or other gain derived from investment of capital assets; (5) Gain or loss from the sale, trade, or conversion of capital assets; (6) Unemployment insurance benefits; (7) Worker’s compensation benefits; and (8) Benefits in lieu of compensation including military pay allowances.

If the income of the parents is derived from seasonal employment, or received in payments other than regular, recurring payments, such income shall be annualized to determine a monthly average income.

If a child’s needs are not being met through the income of the parents, assets shall be considered. If the parents have savings, life insurance or other assets in amounts unrelated to income, these holdings shall be considered. The parents’ ability to borrow may be used to determine financial ability.
Property Distribution:
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. The court will encourage the parties to reach a settlement on property and debt issues otherwise the court will declare the property award.

When a divorce is granted and the parties have not agreed otherwise, the courts may make an equitable division of the property belonging to either or both, whether the title to such property is in the name of the husband or the wife. In making such division of the property, the court shall have regard for equity and the circumstances of the parties.

Fault shall not be taken into account with regard to the awarding of property, except as it may be relevant to the acquisition of property during the marriage.

The courts will consider the following factors when making a property award upon divorce; the contribution each spouse had to the acquisition of the marital property; the value of each spouses separate property; the amount of time the spouse have been married; the age and health condition of each spouse; the current and future earning capacity of each spouse; and the value of the property being distribution as well as the income potential of that property.

Restoration or Name Change: Whenever a decree of divorce is granted, the trial court may, in its discretion or upon the application of either party by the terms of the decree, restore to the woman her maiden name or the name she legally bore prior to her marriage to the husband in the divorce suit.
Spousal Support: Not all cases involve support from one spouse to the other. The obligation of one spouse to support the other financially for a temporary or permanent basis is decided on a case-by-case basis as agreed to by the parties or at the court’s discretion.

Allowance for support when divorce granted. Where a divorce is granted, the court may compel one party to make such suitable allowance to the other party for support during the life of that other party or for a shorter period, as the court may deem just, having regard to the circumstances of the parties represented; and the court may from time to time modify its orders in these respects. 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.

Counseling or Mediation Requirements: If it appears that there is a reasonable possibility of reconciliation, the court shall continue the proceeding for a period not to exceed thirty days. During the period of the continuance, the court may enter any order for the support and maintenance of the parties, the custody, support, maintenance, and education of the minor children of the marriage, attorney fees, and for the preservation of the property of the parties. At any time after the termination of the thirty-day period, either party may move for the dissolution of the marriage or a legal separation, and the court may enter its judgment decreeing the dissolution or separation.

State Abbreviation	SD
Statehood	November 2, 1889
State Capital	Pierre
Number of Counties	66
State Population (2005)	775,933
State Quarter Issue Date	November 6, 2006
State Flower	American pasqueflower
Nickname	Mount Rushmore State, Coyote State
State Flag
Area Codes	605
Top 5 Cities (2000 population)	Sioux Falls 123,975 Rapid City 59,607 Aberdeen 24,658 Watertpwm 20,237 Brookings 18,504
Major Sports Teams	None

As difficult as it is to accept (even for divorce lawyers)- the reality is that the divorce business is EXPLODING – divorce has become an accepted way of life. Despite the fact that, matrimonial attorneys, make their living ending people’s marriages – there is something inherently disturbing about the thought of a divorce entering the mind-set of the happy couple before wedding day. But it is even more disturbing to accept that people think about divorce while they are living together as husband and wife, without telling their spouse. But people do think of these things– prenuptial agreements are common practice, and are enforceable. An agreement negotiated during the marriage may even be enforceable. An agreement that induces reconciliation in a substantially deteriorated marital relationship will be enforced if fair and equitable.And, of course, property settlement agreements, negotiated and entered into at the end of a marriage in contemplation of divorce are enforceable.

For all practical purposes, the negotiating and signing of a premarital agreement (if done properly) settles the terms of the divorce before the wedding day. A mid-marriage agreement may resolve the parties’ financial issues. A reconciliation agreement made in good faith, that is fair and reasonable, and that resuscitates a dying marriage, sets forth clearly the conditions entered into for the marriage to continue. The property settlement agreement is made while technically in the adversarial mode — each party participating in the negotiations, resolving issues relating to the end of their marriage. All documents are up front — both parties participating in their fate. But the idea of secretly planning for a possible divorce — well that sends chills up even the most cynical of us — it’s just plain “creepy”.

SecretDivorce shows you EXACTLY what to do and watch out for

• AFTER THE HONEYMOON IS OVER– BUT BEFORE YOU LET YOUR SPOUSE IN ON THE SECRET
• Including – Issues to Address Prior to the Filing of a Divorce Complaint
• AFTER THE SECRET IS OUT & THE COMPLAINT IS FILED
• Now It’s Over! – We have issues to Address After a Divorce Judgment is Entered

We hope that reading this makes you stop and think about smarter secret approaches to improving your marital situation – and urge you to look beyond the obvious issues during those first arguments, or conversations. And never underestimate the impact, and benefit, of planning and preparing in secret!

Each state has unique grounds in which a dissolution of marriage may be granted by the court. When choosing the grounds for your dissolution of marriage, you should always remember that you must have sufficient proof to the court that your marital situation warrants a dissolution of marriage by the grounds you are requesting.

Grounds for Filing: The Petition for Dissolution of Marriage needs to declare the appropriate Minnesota grounds upon which the dissolution of marriage is being sought. The appropriate lawful ground will be that which the parties agree upon and can substantiate, or that which the filing spouse desires to prove to the court of law.

The dissolution of marriage grounds are as follows:

1. An irretrievable breakdown of the marriage relationship. An irretrievable breakdown of the marriage relationship is achieved by living separate and apart for at least 180 days or serious marital discord adversely affecting the attitude of the husband, wife, or both towards the marriage.

(Minnesota Statutes – Chapters: 518.06, 158.13)

Minnesota Divorce Laws & Child Support & Child Custody Laws

Custody must be decided when minor children are involved in a divorce. Physical custody is where the child actually lives, while legal custody is the right of both parents to make decisions regarding major events in the child’s life including religion and education. The spouses are encouraged to create a parenting plan that addresses visitation rights, including where the child will spend major holidays and special occasions, and how the parents intend to resolve disputes about the child. The court may have input on the parenting plan; it will consider these issues:

• the wishes of the parents and the child, if the child is old enough to voice their opinion
• the relationship already established between the child and parent, including who was the primary caregiver during the marriage
• the relationship with siblings and where they live
• the child’s adjustment to their home, school, and community
• the stability of the child’s current living situation and whether that should be continued, including if they live in the marital home
• the ability of the parents to show love and affection to the child
• cultural backgrounds
• and the willingness of the parent to encourage the child’s relationship with the other parent.

When considering joint custody, the court will determine if the parents are able to cooperate and settle disputes, if it is in the best interest of the child to have equal time with both parents, and any history of domestic abuse. In Minnesota, the court can require parenting classes at any time. Grandparents can be granted visitation rights when necessary if it is beneficial to the child.

Minnesota uses the percentage of income formula to calculate child support amounts. The incomes of both parents are combined and then the court calculates the percentage that each parent is responsible for. Adjustments are made for health insurance or child care costs.

Other factors including when determining child support include: all financial resources of both parents, including income, property, or investments; any debts of the parents, especially those that were acquired during the marriage to support the family; any special needs of the child that could be costly; a reasonable standard of living for the child; any other children the parents support; and which parent claims the child as a dependent on tax returns. Both parents may determine amounts to contribute to an education fund for the child’s future.

Alimony Guidelines.
The alimony order shall be in amounts and for periods of time, either temporary or permanent, as the court deems just, without regard to marital misconduct, and after considering all relevant factors including the following guidelines:

1. The financial resources of the party seeking alimony, including marital property apportioned to the party, and the party’s ability to meet needs independently, including the extent to which a provision for support of a child living with the party includes a sum for that party as custodian;

2. The time necessary to acquire sufficient education or training to enable the party seeking alimony to find appropriate employment, and the probability, given the party’s age and skills, of completing education or training and becoming fully or partially self-supporting;

3. The standard of living established during the marriage;

4. The duration of the marriage and, in the case of a homemaker, the length of absence from employment and the extent to which any education, skills, or experience have become outmoded and earning capacity has become permanently diminished;

5. The loss of earnings, seniority, retirement benefits, and other employment opportunities forgone by the spouse seeking alimony;

6. The age, and the physical and emotional condition of the spouse seeking alimony;

7. The ability of the spouse from whom alimony is sought to meet needs while meeting those of the spouse seeking alimony; and

8. The contribution of each party in the acquisition, preservation, depreciation, or appreciation in the amount or value of the marital property, as well as the contribution of a spouse as a homemaker or in furtherance of the other party’s employment or business.

State Abbreviation	MN
Statehood	May 11, 1858
State Capital	St. Paul
Number of Counties	87
State Population (2005)	5,132,799
State Quarter Issue Date	April 4, 2005
State Flower	Lady slipper
Nickname	North Star State, Gopher State, Land of 10,000 Lakes
State Flag
Area Codes	218, 320, 507, 612, 651, 763, 952
Top 5 Cities (2000 population)	Minneapolis 382,618 St. Paul 287,151 Duluth 86,918 Rochester 85,806 Bloomington 85,172
Major Sports Teams	MLB: Minnesota Twins NFL: Minnesota Vikings NBA: Minnesota Timberwolves NHL: Minnesota Wild



The court will use it better judgment when decreeing any award to either party for future support denominated as maintenance. The court shall order an amount the court finds to be fair, just and equitable under all of the circumstances.

The court may decree that the future payments are modifiable or terminable under circumstances prescribed in the decree. The court may make a modification of maintenance retroactive to a date at least one month after the date that the motion to modify was filed with the court. In any event, the court may not award maintenance for a period of time in excess of 121 months. If the original court decree reserves the power of the court to hear subsequent motions for reinstatement of maintenance and such a motion is filed prior to the expiration of the stated period of time for maintenance payments, the court shall have jurisdiction to hear a motion by the recipient of the maintenance to reinstate the maintenance payments. (Kansas Statutes – Chapter 60 – Article 16 – Subject: 1610)

Alabama Child Custody Law Information

Custody laws are state laws, not federal laws, so each state has different custody and support laws. Under Alabama law, parents have an equal right to the custody of their children at the time of their divorce. The Court then considers the best interests of the children in determining where they should live after the divorce. There are many factors that go into this determination, such as

• the age and sex of each child
• the emotional, social, and educational needs of each child,
• the home environments offered by each parent,
• character and stability of each parent
• ability to provide for the emotional, social, moral, material and educational needs of the children, and
• any other relevant factors the evidence may present.

Alabama Child Support Information

Child support in Alabama views both parents as being legally obligated to provide care for their children and is founded on the premise that children should continue to receive the same level of support that would have been available to them had the family unit remained intact.  Child support is determined under the Alabama Child Support Guidelines, unless the Court finds grounds to deviate from the Guidelines. The major factors considered are:

1. How much you earn
2. How much your ex spouse earns
3. How many children you have; and
4. What percentage of time the children are under each parent’s care and control

Following are the Texas laws governing child custody and support.

Texas Child Custody:

Texas courts try to do everything possible to decrease the emotional impact on children whose parents are divorcing. The courts encourage the parents to work out a plan BUT Again NOT easy – NOT cheap. If the parents cannot agree on a custody plan, the court will use its own discretion to establish a custody order that will always be based on the best interest of the child or children. The court will also consider:

1. The health, welfare and safety of the child(ren);
2. Any history of neglect, sexual abuse, or sexual assault by a parent;
3. Any history of family violence.

A child over 12 may file a document with the court asking to have custody given to a person chosen by that child.

Texas Child Support:

Texas courts use something called the Percentage of Income formula to calculate how much a parent must provide for support of the child or children. The court requires a parent to pay a certain percentage of his or her income for child support. The percentage is based on the number of children. For example, a non-custodial parent with one child might be required to pay 20% of his or her net income as child support. In some situations both parents may be required to pay support.

– Now I’m not saying this particular case is fraudulent but false claims of domestic violence are now quite common. Be aware for tell tale signs.

Secret Divorce discusses the tell-tale signs of false Domestic Violence charges

Edited-
Nicole Christie’s divorce cost $450 and took about three months to complete — that’s about 3 percent of what she spent on her wedding and a third the time it took to plan it.

Instead of hiring lawyers, she and her husband agreed simply to split their assets down the middle and fill out the divorce papers on a Web site.

To save money, time and energy, more couples have been turning to do-it-yourself divorces — filing to split without lawyers. It has been an option for years, but it has gotten easier and more widespread as more online resources have become available.

”There’s no question that there’s been a trend toward do-it-yourself divorces, and do-it-yourself law in general, in the past decade,” said attorney Alan Kopit, chairman of the American Bar Association’s division for public education and partner at Hahn Loeser & Parks LLP in Cleveland. ”More people are turning to the Internet”

Divorce filing costs, rules and practices vary greatly by state. (In Illinois, the cost can vary by county, but is usually at least $90 to file and extra if you need the county to serve notice to your spouse, according to www.illinoislegalaid.org.)

Divorce attorney Sharyn Sooho said in Middlesex County, Mass., where she practices, about a third of all divorcing couples are now doing so without lawyers.

When you cut out legal expenses, most do-it-yourself divorces cost just a few hundred dollars.

”In a more typical case … you’ll save $3,000 to $4,000 per spouse,” said Sooho, who runs the Internet site divorcenet.com.

Today, attorney fees range from about $1,500 for simple divorces to tens of thousands of dollars — sometimes exceeding $100,000 — for more complex divorces.

Saving money was a big benefit for Keith Bowermaster and his high school sweetheart when they filed for divorce on their own to end their 11-year marriage. Instead of turning to lawyers, they picked up forms from the Dade County, Fla., courthouse and filed them themselves.

”Two hundred and seventy dollars was the total cost. Most lawyers charge that for an hour,” said Bowermaster. ”At the time, we just wanted to get this over with, move on with our lives, and not get everything dragged out with lawyers.”

Of course, some divorces can be messy, and even the most amicable splits are rarely cut-and-dried. So how should a divorcing couple decide whether to hire attorneys?

*First, if there’s any disagreement over assets or doubt that a spouse is being forthcoming, a lawyer will likely be necessary.

*Even a couple that’s splitting amicably should take a look at their shared property, experts say. If a couple owns a home, a family business, or any other big or hard-to-value asset, an attorney may need to intervene to help decide how to allocate it, Kopit said.

*If a couple has a child, a do-it-yourself divorce is only feasible if you agree with your spouse on custody, visitation and guardianship issues. Even so, it’s helpful to at least seek the advice of a lawyer.

Online divorces are a great way of saving cash if both parties are open to discussion. SecretDivorce will save you money no matter how you do your divorce.

First and foremost, men need time to prepare for divorce. If you have not executed all of your plans before your wife requests your attendance at divorce counseling, you will be required to go to these counseling sessions until you have completed your divorce planning. Why not just say no? When a wife recognizes that a marriage is over, she will seek to protect herself and secure her future. Basically this means that she will do everything in her power to see that she obtains high child support and alimony awards, protects her custodial rights to her children, and retain as much of the marital assets as possible.

Once you have executed all of your divorce plans, you will wish to remain as civil and amicable with your wife as possible. There is nothing worse that a bitter wife! Once you are ready to divorce, use the marriage counseling as a polite method of explaining that your relationship cannot continue. This counseling should also strive to discuss the possibility to moving forward to co-parent children and maintain a good relationship for the kids. Civility is free and often significantly reduces attorney’s fees and costs in a divorce. A bitter wife will fight over each and every issue in the divorce court.

Finally, marriage counseling will allow you to know in your heart that you have given your marriage that final shot. You will not have to second guess yourself in the middle of the night after you have tried everything.

Secret Divorce teaches you how to plan for your divorce successfully, execute your plans while still married, and obtain a quick settlement of your case.