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South Dakota Annulments
Annulments in South Dakota
Annulments in South Dakota focus on the foundation of the marriage, not the conduct of the partners. An annulment means that no valid marriage ever existed, which is the case in void marriages; annulment also cancels an invalid marriage, which is the case in voidable marriages.
South Dakota laws about annulment are in the South Dakota Codified Laws Chapter 25-3.
Here are the grounds for annulment in South Dakota:
Some grounds for annulment have additional requirements:
Even though there was never a valid marriage, the judge can still decide the same issues as in a divorce: custody, visitation, child support, alimony, and property division.
Children that were born during a marriage that’s been annulled, or within 10 months of an annulled marriage, are considered legitimate unless one of the spouses or children can prove the husband was not the biological parent. Both parents have to financially support their legitimate children. Legitimate children can also inherit from either parent.
To file an annulment in South Dakota, the plaintiff files a Complaint for Annulment in the circuit court for the county where either spouse resides. After filing, the defendant, the other spouse, receives a copy of the complaint and the summons.
The complaint states the particulars of the marriage and the legal grounds for annulment. Children of the marriage must be listed with their names and dates of birth. If need be, the court decides child custody, visitation, child support, alimony, or property division
The clerk’s office provides information about different options to serve a spouse, and there are ways to serve an out of state spouse or a spouse who cannot be found, if need be.
After the defendant receives the complaint, the court sets a date for a hearing. The plaintiff brings any evidence or witnesses that prove the legal grounds for the annulment. If the judge believes the plaintiff has proven the marriage should be annulled, he or she signs an order granting the annulment.
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