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.

Spousal Support/Alimony:

Does South Dakota have alimony?

No, it does not.  However, it does have spousal support.  This is generally a rehabilitative, temporaty support to allow the less-well-off ex-spouse the opportunity to rehabilite himself/herself.

Spousal Support:  SDCL 25-4-41. 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.

What are the factors in spousal support?

Two main factors to be considered by the court are whether the spouse seeking support lacks the appropriate property to provide for their reasonable needs, based on the standard of living established during marriage, and whether they are able to support him or herself through employment.

The maintenance order will be in an amount and for a length of time that the court finds just dependent on all relevant factors, which include, but are not limited to:

• The financial resources of the individual seeking maintenance
• The current income, employment, and other earnings of each party
• The potential earning abilities of each party, including skills, training, experience, and job market
• Length of absence from the job market of the spouse seeking maintenance
• The age and physical and mental health of each party
• The length of the marriage
• The standard of living established during the marriage
• The tax consequences to each spouse
• The fault of either party

In short, there is usually no such thing as alimony.  But there is often spousal support while you get on your feet again and train for some sort of gainful employment

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.