Compassionate Divorce Attorneys Guiding You Through Every Step

Divorce is a major component of our practice. For the entire time we’ve been working with people in Sioux Falls, we’ve been helping them find their way through divorce. That experience is a valued commodity for people facing the most complicated upheaval they will likely ever experience in their personal lives.

At Griese Law Firm, P.C., we are divorce attorneys for people in Sioux Falls and all of South Dakota. We are proud to offer each person who comes to us the benefits of our strong courtroom skills, and compassionate service in any family law issue. You’re not a number on a case file to us. You’re a person with real struggles that deserve real help. And we’re committed to giving you exactly what you need.

Contested Vs. Uncontested Divorce

An overgeneralization about divorce is usually not helpful and, in most cases, any dichotomy such as “there are two types of divorce” should be taken with a grain of salt. However, there is one major dichotomy for divorce that stands true in all circumstances, and that is the two paths for divorce: contested and uncontested.

An easy way to break down the difference between contested and uncontested, is how often you will have to go to court. An uncontested divorce will likely have some court appearances, but those will be to certify documents and finalize the divorce. Most of the work is done out of court, and most of the challenges are resolved.

In a contested divorce, you’ll see a great deal of courtrooms. Often, divorces become contested for several reasons:

• Conflicting priorities
• Childcare and rearing disagreements
• Property division disputes
• Alimony

However, the number one reason for conflict-heavy divorces is anger and resentment. Not all divorces end because “things don’t work out.” Often, divorces come about because of the action of one party, through infidelity or criminal action. It is in these divorces that you need trial-tested, empathetic attorneys.

High-Value Assets, Maintaining Lifestyle Post-Divorce.

Aside from the obvious reasons for marital violations, the procedural aspects that invite the most conflict and strife are asset division and alimony. Under South Dakota law, the marriage’s assets will go through an equitable division. In an uncontested divorce, you and your ex would present an agreement, and the court would nearly always sign off on it.

However, in a contested divorce, the court will have to make the final decision. And to do so, they will weigh many factors, including:

• Your ages
• Your relative wealth and resources
• Your health
• Your separate and marital property
• Your financial obligations of child support and alimony

In reviewing the entire financial outlook of the divorcing parties, they have to make choices.

However, just because the court is going to be the final word, does not mean you don’t have a right to make a case. You have developed a lifestyle, and you can maintain it. With the right property distribution and alimony outcome, you can continue to live your life.

Finding Your Way Through A Contested Divorce

Every single one of our clients gets a personally tailored legal strategy that focuses on their needs and wins. However, what a “win” is looks different for everybody. Some want a favorable child custody agreement, some want generous alimony and some just want the family home.

Our first conversations with you will be an extended discussion of your divorce priorities. Based on your priorities, we’ll set goals and build a strategy.

Contested divorces are not easy. However, understanding what it takes for you to win, will make building your case simpler.

Answers To Your Questions About Divorce

Compassion and empathy are hallmarks of our work as divorce lawyers. And major component of showing empathy is answering difficult questions for our clients. Here are some answers to common questions that may help you understand your next step.

What is the process for filing for divorce?

The process for filing for divorce is fairly direct in South Dakota. You’ll have to compile the petition with the local circuit court and serve the papers. There’s a waiting period while your ex responds, whether to contest the divorce or not.

After that, you’ll have the negotiation stage, and if everything is agreed, the court will approve the settlement. If not, there is the trial. After you or the court settle all the items in the divorce, the divorce is finalized.

How long does it take to finalize a divorce?

An uncontested divorce in South Dakota can take as little as a few months. However, a contested divorce, especially one where the parties involved are angry with each other, can take a long time, up to a year or longer.

What are the grounds for divorce in South Dakota?

South Dakota offers several grounds for divorce, but most divorces go through “irreconcilable differences” or no-fault divorce. No-fault divorces are simpler to achieve, as you don’t have to prove any specific grounds for divorce, such as:

• Adultery
• Extreme cruelty
• Willful desertion
• Willful neglect
• Habitual intemperance
• Conviction of a felony

However, if you are seeking a “fault” divorce, the above list is all the available ground in South Dakota.

What if my spouse does not want a divorce?

It’s really not up to them. They contest the terms of the divorce, but they cannot stop you from ending the marriage through no-fault divorce. It may take time, and it may be painful, but you can end your marriage.

Dedicated Divorce Attorneys In South Dakota On Your Team

When you need a divorce, when you want a divorce, we’ll be there to guide you through the challenges and advocate for you in court. We want to work for you and get you the care and help you need. Call us at 605-221-8012 or send an email to schedule a consultation.