Free South Dakota Marital Separation Agreement

Sample South Dakota Marital Separation

SEPARATION AGREEMENT

THIS SEPARATION AGREEMENT (the “Agreement”) dated this _____________of _____________, 20___.

BETWEEN:

________________
______________, _____________,
in the State of South Dakota, _____________

-and-

________________
______________, _____________,
in the State of South Dakota, _____________


    BACKGROUND:

  1. ________________ and ________________ (collectively the ‘Parties’ and individually a ‘Party’) were lawfully married on ______________ _________, ____________________, in ______________, South Dakota. Due to certain differences that have developed between the Parties, they agree to live separate and apart from each other, subject to the terms and conditions in this Agreement.
  2. The Parties have made complete, fair and accurate disclosure to each other on all financial matters reflected in this Agreement.
  3. The terms of this Agreement are intended to settle the matters addressed, but it will not be incorporated into a final decree of divorce. The Parties agree that a subsequent separation agreement will have to be made and duly incorporated into a final decree of divorce.
  4. The Parties have each consulted an attorney with regard to his or her legal rights arising out of the marital relationship and the terms of this Agreement.
  5. The Parties have each voluntarily entered into this Agreement and have not been forced by anyone to sign this Agreement, and both Parties confirm that they are in sound mental health.

IN CONSIDERATION OF the mutual promises and covenants contained in this Agreement, and other valuable consideration, the receipt and sufficiency of which consideration is acknowledged, the Parties agree as follows:

    LIVING SEPARATE AND APART

  1. The Parties have lived separate and apart since ________________________________. Neither Party will attend the other’s living space or work without invitation or approval.
  2. CHILDREN

  3. There is one child of the marriage, namely:

    Name:

    Date of Birth:

    ____________________

    _____________ _____________, ____________________

  4. CHILD CUSTODY

  5. The Parties agree that sole legal custody is in the best interests of the child. The Parties agree that ________________ is granted sole legal custody, and has the primary right to decide regarding matters of health, education and welfare in the child’s best interests. ________________ may make emergency decisions affecting the health or safety of the child when the child is in her physical care and control. The Parties agree that the grant of sole legal custody to one Party does not deprive the other Party of access to information regarding the children.
  6. The Parties agree that the child will primarily reside with ________________.
  7. The Parties also agree that ________________ will have the following visitation time with the child:
    1. Regular visitation schedule:
      ______________________________________________
    2. Vacation visitation schedule:
      ______________________________________________
  8. CHILD SUPPORT

  9. ________________ will pay child support in the amount of $_________ monthly to ________________. Child support payments will commence on ____________ and will be paid on the _____ day of each and every month.
  10. ________________ will pay a total of $_____________ monthly to ________________ for the child’s uninsured health care costs, child care costs, and other additional costs, such as __________________________. Child support payments for these expenses will commence on _______________________ and will be paid on the _____ day of each and every month.
  11. The Parties agree that each will provide the other copies of their income tax return and any notices of assessment and re-assessment issued, on an annual basis.
  12. ________________ will maintain health insurances, including medical and dental coverage, for the benefit of ____________________.
  13. Subject to the laws of South Dakota, child support payments, contributions to uninsured health care costs, child care costs, additional costs, and the maintenance of health insurance will continue as long as a child is under the age of majority and financially dependent on the parents.
  14. SPOUSAL MAINTENANCE

  15. Neither Party claims entitlement to spousal maintenance. Both Parties expressly waive any claim to spousal maintenance now and in the future, regardless of any change in circumstances experienced by either Party.

  16. ASSETS

  17. The Parties acknowledge that they have agreed upon a division of all assets, owned or possessed by them as marital property or separate property. The Parties are in possession of all of those assets to which each is respectively entitled. Accordingly, neither makes any claim to any assets in the possession of the other.
  18. DEBTS

  19. The Parties agree that any indebtedness secured against, or attributable to, any item of property that either Party is receiving under this Agreement will be the sole responsibility of the Party receiving the particular property.
  20. Neither Party will incur any further debt or liability on the other Party’s credit. Any debt accumulated as of the date of this Agreement is the debt of the individual Party, regardless if the debt was incurred as a result of joint credit.
  21. GENERAL PROVISIONS

  22. The Parties will promptly sign and give to the other all documents necessary to give effect to the terms of this Agreement.
  23. This Agreement contains the entire agreement between the Parties about their relationship with each other. It replaces any earlier written or oral agreement between the Parties.
  24. Should any portion of this Agreement be held by a court of law to be invalid, unenforceable, or void, such holding will not have the effect of invalidating or voiding the remainder of this Agreement, and the Parties agree that the portion so held to be invalid, unenforceable, or void, will be deemed amended, reduced in scope, or otherwise stricken only to the extent required for purposes of validity and enforcement in the jurisdiction of such holding.
  25. The Parties may only amend this Agreement in writing after both Parties have obtained legal advice on the changes.
  26. In the event that a dispute arises regarding this Agreement, the Parties will try to resolve the matter through negotiation or mediation, prior to initiating a court action.
  27. Notwithstanding that the Parties acknowledge and agree that their circumstances at the execution of this Agreement may change for any reason, including but without limiting the generality of the foregoing, the passage of years, it is nonetheless their intention to be bound strictly by the terms of this Agreement at all times.
  28. This Agreement creates a fiduciary relationship between the Parties in which each Party agrees to act with the utmost of good faith and fair dealing toward the other in all aspects of this Agreement.
  29. The Parties agree to provide and execute such further documentation as may be reasonably required to give full force and effect to each term of this Agreement.
  30. The headings of this Agreement form no part of it, and will be deemed to have been inserted for convenience only.
  31. This Agreement will be binding upon and will enure to the benefit of the Parties, their respective heirs, executors, administrators, and assigns.
  32. If the Parties reconcile, the terms of this Agreement will remain in effect unless the Parties revoke it in writing.
  33. This Agreement may only be terminated or amended by the Parties in writing signed by both of them.
  34. The laws of the State of South Dakota will govern the interpretation of this Agreement, and the status, ownership, and division of property between the Parties wherever either or both of them may from time to time reside.

IN WITNESS WHEREOF the Parties have duly affixed their signatures on this_____________ of _____________, 20___.


SIGNED by ________________
In the presence of:

 
   


______________________________
WITNESS

 
 

______________________________
________________

   

______________________________
WITNESS


SIGNED by ________________
In the presence of:

 
   


______________________________
WITNESS

 
 

______________________________
________________

   

______________________________
WITNESS

ACKNOWLEDGMENT


THE STATE OF SOUTH DAKOTA

COUNTY OF____________________

I, Attorney, within and for said County and State, do certify that on this day came before me, ________________, personally known to me, whose name is signed to the foregoing Separation Agreement and so acknowledged his signatures on this Separation Agreement and that ________________ entered into this Separation Agreement on his own free will and volition without force or duress by any Party.

Given my hand and seal this ___ day of ____________________, 20___.

_____________________________
Attorney

ACKNOWLEDGMENT

THE STATE OF SOUTH DAKOTA

COUNTY OF____________________

I, Attorney, within and for said County and State, do certify that on this day came before me, ________________, personally known to me, whose name is signed to the foregoing Separation Agreement and so acknowledged her signatures on this Separation Agreement and that ________________ entered into this Separation Agreement on her own free will and volition without force or duress by any Party.

Given my hand and seal this ___ day of ____________________,20___.

_____________________________
Attorney

CERTIFICATE OF INDEPENDENT LEGAL ADVICE

THE STATE OF SOUTH DAKOTA
COUNTY OF____________________

I, _______________________________, of the City of ___________________________, in the State of South Dakota, Attorney, DO HEREBY CERTIFY:

THAT I was this day consulted in my professional capacity by ________________, named in the within instrument, being a Separation Agreement, separate and apart from ________________, as to his legal rights and liabilities under the terms and conditions of it, and that I acted solely for him, and explained fully to him the nature and effect of this foregoing Separation Agreement and he did execute it in my presence, and did acknowledge and declare that he was executing it of his own volition and without any fear, threats, compulsion or influence from ________________ or any other person.

DATED at the City of _________________, in the State of South Dakota this ___day of _________, 20___.

 

________________________
Print Name: ____________
Attorney

I, ________________, the person named in the annexed Agreement, hereby acknowledge the foregoing this ____day of ______________20___.

 

________________________
________________

CERTIFICATE OF INDEPENDENT LEGAL ADVICE

THE STATE OF SOUTH DAKOTA
COUNTY OF____________________

I, _______________________________, of the City of _________________________, in the State of South Dakota, Attorney, DO HEREBY CERTIFY:

THAT I was this day consulted in my professional capacity by ________________, named in the within instrument, being a Separation Agreement, separate and apart from ________________, as to her legal rights and liabilities under the terms and conditions of it, and that I acted solely for her, and explained fully to her the nature and effect of this foregoing Separation Agreement and she did execute it in my presence, and did acknowledge and declare that she was executing it of her own volition and without any fear, threats, compulsion or influence from ________________ or any other person.

DATED at the City of __________________, in the State of South Dakota this ___day of _________, 20___.

 

________________________
Print Name: ____________
Attorney

I, ________________, the person named in the annexed Agreement, hereby acknowledge the foregoing this ______day of ______________20___.

 

________________________
________________

Should You Divorce or Get a Legal Separation Decree In South Dakota?

This is the biggest question married couples have. While a few couples know when things are no longer working and admit the fact that they need to divorce, the majority tends to lie on the cup-half-full side of things hoping that the marriage will work. But, there is another group, the ones who know that they aren’t working any more but they want to stay married. Which of these three categories do you fall into? Are you in for divorce or legal separation?

Divorce and Legal Separation

Divorce refers to an expensive legal process that leads to the dissolution of marriage. On the other hand, legal separation is an equally long process that is almost as costly as a divorce that leaves a couple married but living separately and independently. After a divorce, you can date and remarry, but this isn’t the case with a legal separation.

Why Choose Legal Separation?

  • Humans are different, and they want different things. A couple may, despite their differences and even fights, choose to sign a Marital Separation Agreement in South Dakota, and stay married for the following reasons:

    • Religious beliefs – for some, their religious beliefs bar them from breaking the union created through marriage. So, they opt for legal separation as a way to live peacefully apart and tied by the vows of marriage.

    • Tax benefits – the other reason why people sign South Dakota Marital Separation Agreements in legal separation is that it allows the couple to continue receiving income tax benefits, as well as tax deductions associated with married couples.

    • Children – some couples choose to stay married for the sake of their children. Kids are greatly affected by divorces and the stigma that comes with it. Therefore, parents may choose to remain married for their kids’ emotional well-being and stability.

Matters Discussed in Legal Separation Cases

Alimony or spousal support, child custody, child support, and child visitation.

Unfortunately, legal separation proceedings are just as comprehensive and as complex as divorce processes.

Divorce in South Dakota

There are two types of divorce cases, the contested and the uncontested cases.

Uncontested Divorce

For this divorce case, both parties get along and agree on mutual matters pertaining to dissolution of their marriage. The benefits of uncontested divorce cases include:

Savings – these divorces save money as you don’t have to argue over different matters for a long time.

It is less stressful as there are few hardships around the processes.

Contested Divorce

If both parties fail to agree on their separation and parting ways, they will have to go for a contested divorce. These contested divorces are held in family law courts because the couple has to come to a mutual agreement on child custody issues, visitation, alimony, and property division. The process is exhausting, and the back and forth between the lawyers result in a lengthy court process that is emotionally and financially draining.

Note that legal separations in South Dakota have nothing to do with property divisions but divorces center focus on the separations.

If you prefer legal separation over a divorce and you need a Marital Separation Agreement, you are in the right place as we have the Marital Separation Agreement ready, just for you.

Whether you live in Sioux Falls, Rapid City or any other city of South Dakota, you can use our legal forms easily.

Sample

SD Marital Separation Agreement

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