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By Jessica Gillespie. In South South, it states illegal for an adult someone 18 or older to have sex with a minor someone younger than 16even if the sex is consensual.
Those who break the law have committed statutory rape. Statutory rape laws are premised on the assumption that minors are incapable of giving informed consent to sexual activities.
Property distribution in a South Dakota divorce is also complex. It means that property is divided according to what the judge determines is fair. The same rules apply for alimony in a South Dakota divorce case.
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Alimony, or, spousal support, is decided by a judge by taking into consideration many factors such as the length of the marriage, the earning capacity of both spouses, the education of both spouses, and the work and employment history of both spouses. These are issues that require a South Dakota family law professional to sort through as they are extremely complex. When parents are separated, either because of the filing of a divorce action or because they were never married to begin with, the courts believe that someone must provide financially for the children of the relationship and that is the purpose of child support obligations.
South Dakota family law courts consider a number of factors when making a child support determination. The court will also weigh into the calculation any taxes, alimony, annual business expenses, special costs for the child for special needs or special education, child support paid for other children, and the income of subsequent spouses.
Additionally, the court will assess how much a parent must pay for his or her own health insurance coverage, and how much the parent contributes to expenses related to child care. A child support worksheet, either from the state or from a South Dakota family law attorney will need to be filled out in its entirety to determine exactly what amount is owed to whom.
In some instances, the court will even allow a teenager to state his or her preference as to which parent he or she wants to live with.
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Reading the statute, located here at Title 25 - Domestic Relations Chapter Awill help you gain an understanding of the specifics and how they apply to your case. If there is any history of domestic abuse, this will weigh more heavily than almost any other determination in a South Dakota custody battle.
Before beginning a custody fight, it is essential to start preparing months ahead of time by establishing your role as the provider for the child.
Doing so means making meals, laundry, paying for child expenses, and spending quality time on a regular basis with your child. Fathers have an equal right to make decisions related to their child.
Matters related to your child and your rights as a father are important to you, and fathers should realize that the laws have changed, fathers are equal to mothers in the eyes of the law.
Establishing your role as a provider for your children is essential prior to beginning a custody fight for fathers. Months in advance, a father should be spending lots of quality time with their child and helping out with their homework and household needs.
South Dakota family law rules require the spouse that initially files for divorce be a resident of the State of South Dakota at the time the case is filed with the court. However, if that party subsequently moves, the divorce can still proceed in South Dakota. There is also a "waiting period" of days from the time when the other spouse is served and when the divorce can be finalized.
Getting a brief education on South Dakota family laws is only the beginning. Now, you need to analyze how they fit with the facts of your case and decide if this is something you can do on your own or if help is needed.