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Family Law

When It's A Matter Of Importance

Compassionate Support & Effective Guidance for South Dakota Families

At Schlimgen Law Firm we know how difficult it can be to deal with family law legal issues. Often times, there are high stakes proceedings were the stakes and emotions run high, both of which further complicate these matters. If you have any family law needs, you need a trusted and experienced attorney to guide you throughout this legal process that can have tremendous implications.

We are intimately familiar with all aspects of South Dakota family law. We are experienced in this practice area from years of in court experience, providing unique insight into the myriad procedures, rules, laws, and practical implications. We can help you make well-informed decisions for your future and family as we navigate with you every step of the way. You can rely on us for the personalized and proficient legal services you deserve.

Schlimgen Law Firm can handle the following "family law" matters:

Divorce
Alimony
Adoption
Child support
Child custody
Modifications
Parenting time
Contested divorce
Uncontested divorce
Termination of parental rights
Alienation of Affection
Child and adult name changes

Divorce

South Dakota offers “no-fault” divorce which means that, if both parties agree to the divorce, it is not necessary to prove marital fault or misconduct. No-fault divorce is based on the concept of irreconcilable differences, which means the spouses agree that the marriage is irreparably damaged and nothing can be done to restore it.

South Dakota also provides “fault” grounds for divorce should that be appropriate. In these cases, sufficient evidence must be provided to the court to prove the allegations.

These grounds include:

Adultery
Willful desertion (abandonment)
Habitual intemperance (alcohol abuse)
A felony conviction
Extreme cruelty (grievous physical injury or mental suffering)
Willful neglect

Divorce issues that must be resolved include child support, child custody and visitation, spousal support, and the equitable division of marital property and debts. If the parties cannot agree on these issues by themselves or through negotiation or mediation, the court will make the decisions for them.

Spousal Support

The purpose of spousal support is to ensure that the supported spouse is able to maintain the standard of living that was enjoyed during the marriage. Courts may order the payments to be made for a specific time period or indefinitely. They may be made in monthly payments or as a lump sum.

Generally, South Dakota recognizes three different types of alimony:

Permanent, which is paid indefinitely until a change in circumstances occurs for the supported spouse, such as a remarriage.
Rehabilitative, which is paid only until the supported spouse has become skilled enough to work and become sufficiently self-supporting. This is often the case for mothers who stayed at home to care for children.
Restitutional, which is paid only until the supported spouse completes his or her education or training.

No set formula has been devised by the state to calculate alimony. Courts will look at various factors specific to the case in its determination. These factors include the length of the marriage, the standard of living established during the marriage, the ages and health conditions of the spouses, as well as their current incomes, debts, and assets. Also important is whether one spouse provided care of the children in lieu of employment, both spouses’ earning potentials, how the marital property was distributed, and any other relevant factor.

Child Custody

How Is Child Custody Decided in South Dakota?

South Dakota courts make a determination on child custody based on the standard of what is in the best interests of the child. See Fuerstenberg v. Fuerstenberg, 1999 S.D. 35, 591 N.W.2d 798. Generally, joint custody is preferred so as to maintain a continuing relationship with both parents. The child's own wishes regarding custody may be recognized by the court when the child reaches a particular age. Preferential consideration is not given to mothers simply because of their sex — both parents are considered equally.

The Fuerstenberg decision has resulted in the courts reviewing the following factors:

Which parent is better equipped to provide for the child's temporal, mental and moral welfare?
Who can provide a stable and consistent home environment?
Who is more committed and involved in parenting the child? Identifying the primary caretaker becomes less important as the child grows older and more independent. A maturing child will probably need more guidance and discipline than the nurturing required in younger years.
"If the child is of a sufficient age to form an intelligent preference, the court may consider that preference" in deciding custody.
Where there is no evidence that a parent's marital misconduct has a harmful effect on a child, it should not be taken into account in awarding custody.
Siblings should not be separated absent compelling circumstances.

The ability to co-parent effectively without a strong stipulation or order of the court is nearly impossible. You need counsel that has enforced stipulations in contempt actions and is involved everyday in the realities of family law to include the terms you need to be able to effectively co-parent and have teeth to your stipulation if the co-parent is unable to abide by the order.

Alienation of Affection

Alienation of affection is a legal concept in some jurisdictions, including South Dakota, that allows a spouse to sue a third party for deliberately interfering with their marriage, leading to the loss of affection and love between spouses.

South Dakota is one of the few states that protects the marriage relationship form intentional, outside interference. The elements of the tort of alienation of affections were identified by the South Dakota Supreme Court in Pearsall v. Colgan, 76 NW2d at 621 (SD 1956). In Pearsall these elements were identified as:

wrongful conduct of the defendant;
loss of affection or consortium; and
a causal connection between such conduct and loss.

It's important to note that alienation of affection cases can be complex, emotionally charged, and can vary depending on the specific facts and circumstances. Additionally, laws and interpretations may change, so consulting with an attorney who specializes in family law or marital disputes in South Dakota is essential if you believe you have a valid claim or if you need further information on this legal concept.