Persons considering ending their marriage through the divorce process may also consider marriage counseling, legal separation (in states that recognize such a status), annulment (in limited circumstances), and living apart. Each of these alternatives may have financial and other consequences.
In South Dakota, individuals contemplating the end of their marriage have several options to consider. Divorce is the legal dissolution of a marriage by a court, and it is available when irreconcilable differences have led to the breakdown of the marriage. Before filing for divorce, South Dakota law requires a 60-day waiting period from the date of service of the divorce complaint, during which marriage counseling may be sought. This counseling is not mandatory, but it can be a means for couples to attempt reconciliation or to amicably discuss the terms of their separation. Legal separation is another option, which allows couples to live apart and settle issues such as property division and child custody without formally ending the marriage. Annulment is a legal procedure that declares a marriage null and void, as if it never existed, but it is only available under certain circumstances, such as fraud, coercion, or if one party was underage or already married. Living apart without any formal legal process is also possible, but it may have implications for property rights and custody arrangements. Each of these alternatives can have significant financial and legal consequences, and it is advisable to consult with an attorney to understand the implications fully.