Trusted Family Law Solutions

As family law attorneys, our team takes pride in offering a high level of service to the people who come to us. We know that family law isn’t a simple issue for you, and you have a lot riding on the outcome. These are naturally high stakes, and we’re ready to help you take them on.

Griese Law Firm, P.C.’s commitment to the community of Sioux Falls is to help them resolve their most difficult legal troubles. We care about the overwhelming problems facing our clients and give them the empathetic care and committed legal advocacy they deserve. Our strategy and empathy make a real difference in your case.

A Brief Overview Of Family Law In South Dakota

South Dakota family law lawyers help their clients overcome the many challenging family law issues that people face. Family law covers a wide number of civil issues, and we’ve got dedicated, trial-tested attorneys helping our clients with:

• Divorce: The most frequent reason for a family law concern is the end of a marriage. These can be low or high conflict, but we are able to provide you with compassionate, thorough service no matter the challenge.
• Adoption: Growing your family through adoption is difficult, but it is an act of care that we’re happy to support. When obstacles arise here, we can help you overcome them to build your family.
• Child custody: Unmarried parents – both divorced and those who were never married – have rights to be with their kids and be the parents they wish to be. This can be a challenge if there is a dispute with the other parent.
• Child support: The state of South Dakota sets the amount of child support based on a codified calculator. However, what goes into the calculator can be up for much debate in and out of the courtroom.
• Protection orders: Victims of domestic violence need to get help quickly to stay safe, and South Dakota’s laws are complex in these situations. We can help you secure the help you need.
• Property division: The division of the marital estate is perhaps one of the most hard-fought issues.

Our services to clients going through divorce run the gamut of family law concerns, and we treat our clients with care and their problems with strategic, thorough service.

Property Division In South Dakota

Property division is the most challenging and hard-fought divorce matter, and it demands extra attention from your attorney. We typically spend much of our work on divorce discussing property or child custody and support issues.

Here is a brief overview of the issues ahead of you when it comes to property division:

The Makeup Of The Marital Estate

The marital estate includes all property that you acquire during the marriage. And this will include:

• Savings
• Investments
• Retirement account contributions
• Homes and real estate
• Business started

However, inherited property or property that predates the marriage is typically separate and not generally subject to property division.

Equitable Division Is Not Equal Division

As an equitable division state, the assets of a marriage are not divided equally. They are divided by a division that takes several factors into account, including:

• Length of the marriage: Typically, the longer the marriage has been, the more even the property distribution will be for those involved.
• Contributions to the estate: Was one person largely responsible for the size of the estate? If so, that person may be able to pursue a larger share.
• Marital fault: if one person was “at fault” for the divorce- either through infidelity or some other action – that can be factored.
• Age and health: The age and health of the divorcing couple will play into the way the court divides the estate.
• Financial obligations: The court will recognize and compensate for any obligations such as child support or alimony.

By factoring these together, the court will arrive at a reasonable division of the shared property. However, it does not always need to get that far. If you’re able to reach a fair and thoughtful agreement and present it to the court, they will rarely change it on you.

Answers To Common Family Law Questions

As family law attorneys, we see people all the time who only want to have answers. Who only need one or two pieces of information before they can conceive of the next step. We’re happy to be a resource for you in these cases. Here are some of the most asked questions we get:

What is the average timeline for a divorce process?

There is no standard amount of time that you can expect for a divorce. In contested divorces, with considerable assets and angry spouses, divorce can take years. For people working amicably, the divorce may only take a few months.

How is child custody determined by the courts?

The courts in South Dakota consider the following factors in settling child custody questions:

• Parental fitness
• Child’s preference
• Relationship with each parent
• Parental cooperation
• History of abuse or neglect
• Stability
• Community and family connections

All of these factors are part of what is in the “best interests of the child” and that is the guiding action for every courtroom.

What documents do I need to bring to my first consultation?

You will want to bring the vital documents of your marriage certificate and other important information to the initial consultation for your divorce. However, this early meeting will be more about discussing your priorities rather than taking immediate first steps and filing paperwork.

Can I modify a child custody agreement after it is finalized?

Every post-divorce decree can be modified if life changes after the divorce – which it inevitably does. We can absolutely help you pursue – or object to – modifications to your orders.

How is child support calculated?

South Dakota utilizes a formula set down by the statute to describe the factors that alter a child support payment. These factors include both parents’ income and resources. Overall, this equation is a comprehensive financial assessment of both parents.

Get Help From Our Family Law Attorneys

Whatever your family law question, whatever your family law needs, our attorneys are ready and willing to help you secure your family and priorities at this time. Call us today at 605-221-8012 or send an email using this online form.