![Download South Dakota Marital Separation Agreement Form [PDF]](/_next/image?url=%2Fimages%2Fdocuments%2Fplaceholder-general.png&w=3840&q=75)
A South Dakota marital separation agreement form is a legal document that divides a married couple’s assets and establishes child custody when the parties no longer live together.
A separation agreement does not end the marriage, and spouses can revoke it if they decide to reconcile. However, if a couple decides to file for divorce, the decision is final and ends the marriage
Is a Separation Agreement Legal in South Dakota?
Yes, a separation agreement is legal in South Dakota, and married couples can file one in court.
Laws and Legal Requirements for a Marital Separation Agreement in South Dakota
The laws and legal requirements for a marital separation agreement in South Dakota are pointed out in state statutes related to property division, child custody, and support arrangements.
Section 25-2-13 of the South Dakota Code states that married couples can make separation agreements themselves and agree on matters like child and spousal support.
Moreover, Section 25-4-17.2 states that the court can order divorce or legal separation if it finds that the marriage cannot be fixed. However, if there is a chance for reconciliation, the court can delay the decision for up to 30 days.
Signing Requirements for a Marital Separation Agreement in South Dakota
The signing requirements for a marital separation agreement in South Dakota are that the document must be submitted in writing and signed by both spouses. The notary public may be present during signing to add validity to the document.
Spouses must understand the contents of the document before signing.
What Does a Marital Separation Agreement in South Dakota Cover?
A South Dakota marital separation agreement covers various crucial aspects to formalize the separation between spouses. It is important that the agreement resolve all potential issues that may surface during the separation period.
Some of the aspects that should be covered in the separation agreement template are:
Marital Separation Agreement Coverage
Child support. The payment made by a parent for the basic living expenses of children.
Child custody. An agreement between spouses about who will be the children’s guardian. This also includes creating a visitation plan for a parent without custody.
Spousal support. The payment that one spouse has to give to the other as financial support during separation.
Division of marital property. The process of dividing any asset or debt acquired by the couple during marriage.