What is a fault divorce?

A fault divorce is a type of divorce in South Dakota where one spouse is able to prove that the other spouse has done something wrong, essentially blaming them for the dissolution of the marriage. Such behavior can include adultery, abuse, abandonment, or any other fault grounds that have been determined by South Dakota law. In the state of South Dakota, a fault divorce is the most common type of divorce. The court process for a fault divorce is much more lengthy and complex than for an uncontested divorce. The accusing spouse must provide proof of the offending party’s behavior in order to establish grounds for divorce. This often involves having witnesses or other proof that the fault has occurred. The court then decides which spouse should be granted a fault divorce and issues a decree declaring this. This decree will often include details such as alimony, child custody, and the division of marital assets. In South Dakota, fault divorces are usually more costly and time consuming than uncontested divorces. In some cases, couples may go through a lengthy legal process and still be unable to prove fault. Therefore, it is important to consider all of the options available before filing for a fault divorce.

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What is a fault divorce?

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