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Subject to the courts right to award custody of the child to either parent, considering the best interest of the child as to its temporal, mental, and moral welfare the father and mother of any minor child born in wedlock are equally entitled to the childs custody, service, and earnings.
South Dakota does not recognize a common law marriage, unless it was consummated prior to 1959.
Assets that may be protected from equitable distribution during a divorce are typically belong to one of two types: premarital property that has been kept from being commingled or transitioned and gifts or inheritances.
All of the states in the United States allow for legal separation except for six. In Delaware, Florida, Georgia, Mississippi, Pennsylvania, and Texas, you cannot file for a legal separation. If you no longer want to continue your relationship, you must file for divorce.
Unlike other states, South Dakota considers all property, marital and separate, as part of the marital estate. Judges assess the value of the property and then divide it without regard for acquisition or ownership (SDC 25-4-44).
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(S.D. Codified Laws 25-4-2 (2021).) South Dakota courts can consider each spouses fault in the marriage ending, including whether one spouses adultery led to the divorce. However, filing for a fault-based divorce does not guarantee that it will impact your alimony award later.
All property acquired during the marriage is marital property, no matter whose name is on the title.

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