Family Law

Nobody wants to hire a family law attorney. But if you need one, Diana can help you to choose your best options. Family law representation can include help with divorce, child custody and parenting time, child support, and spousal support. Because having a judge decide your future should always be the last resort, she will help you to resolve your conflicts and issues out of court whenever possible.

Property Division:

How do we divide items?  South Dakota is not a 50/50 state.  This means that there is an equitable (fair) division of property.  If you can’t decide amongst yourselves, the court will decide for you.  An attorney can help you come out well in this decision, and a professional mediator can make property division a lot easier.

You are not entitled to any portion of your spouse’s separate property.  For example, if some farmland passed to her exclusively through her parents’ will, that is separate property.  However, if you bought a trailer to live in on that land during your marriage that is joint property, and will be included in the property division.  Likewise, if you bought a vehicle during the marriage even if only one of you ever used it, it is marital property.

How do we divide debts?  Once again, they will be divided equitably (fairly).   You won’t get the house while your spouse gets the entire mortgage.   Nor is separate property to be encumbered by a debt sustained by both of you.   All debt has to be divided, just like property does.  Your income may not be encumbered by the debts of the other spouse.

Where does the Firm serve families? We work in Bennett County, Haakon County, Jackson County, Jones County, Hughes County, Mellette County, and Stanley County.  Service may be available in other areas of South Central South Dakota.