South Dakota residency requirement for divorce

[Aaron13100]

In South Dakota what proof of residency is required to file for divorce?

According to Statute 25-4-30 I only have to be a resident at the time of filing to be able to get a divorce in South Dakota (http://sdlegislature.gov/Statutes/Codified_Laws/DisplayStatute.aspx?Type=Statute&Statute=25-4-30). It seems that the only form that mentions residency is form UJS 319B (https://ujs.sd.gov/Forms/divorce.aspx). Is some other document required to prove residency, or is filling out the form enough? For example, to get a driver's license in SD apparently you have to have a proof of address in SD and a receipt of one night stay in SD. Nothing like this is mentioned on the court website though...

thanks

 

[adjusterjack]

You're signing the petition under oath. That's all you need unless the respondent challenges your statement.

 

[Ohiogal]

In South Dakota what proof of residency is required to file for divorce?

According to Statute 25-4-30 I only have to be a resident at the time of filing to be able to get a divorce in South Dakota (http://sdlegislature.gov/Statutes/Codified_Laws/DisplayStatute.aspx?Type=Statute&Statute=25-4-30). It seems that the only form that mentions residency is form UJS 319B (https://ujs.sd.gov/Forms/divorce.aspx). Is some other document required to prove residency, or is filling out the form enough? For example, to get a driver's license in SD apparently you have to have a proof of address in SD and a receipt of one night stay in SD. Nothing like this is mentioned on the court website though...

thanks

How long have you lived in South Dakota?

 

[Aaron13100]

You're signing the petition under oath. That's all you need unless the respondent challenges your statement.

That's the answer I was hoping for. Thanks for the response!

 

[Aaron13100]

How long have you lived in South Dakota?

As soon as I get a mailing address there and stay in a hotel for one night then... one night, or my residency will start at that point I suppose.

 

[Zigner]

As soon as I get a mailing address there and stay in a hotel for one night then... one night, or my residency will start at that point I suppose.

That's not quite how it works.
Have you moved there and intend to remain?

Here's an example of how residency is established in the state:

https://sdsos.gov/elections-voting/voting/register-to-vote/residency-qualification.aspx

Definition of Residency for Voter Registration (SDCL 12-1-4)

For the purposes of this title (Title 12), the term, residence, means the place in which a person has fixed his or her habitation and to which the person, whenever absent, intends to return.


A person who has left home and gone into another state or territory or county of this state for a temporary purpose only has not changed his or her residence.


A person is considered to have gained a residence in any county or municipality of this state in which the person actually lives, if the person has no present intention of leaving.


If a person moves to another state, or to any of the other territories, with the intention of making it his or her permanent home, the person thereby loses residence in this state.

 

[Aaron13100]

That's not quite how it works.
Have you moved there and intend to remain?

Here's an example of how residency is established in the state:

https://sdsos.gov/elections-voting/voting/register-to-vote/residency-qualification.aspx

Definition of Residency for Voter Registration (SDCL 12-1-4)

For the purposes of this title (Title 12), the term, residence, means the place in which a person has fixed his or her habitation and to which the person, whenever absent, intends to return.

I'm a full time traveler. I will move to South Dakota for one day, then continue to travel with the intention of returning there.

 

[Aaron13100]

I'm a full time traveler. I will move to South Dakota for one day, then continue to travel with the intention of returning there.

What do you think @Zigner ?

 

[Zigner]

I don't think your plan will meet the residency requirements. Where does your spouse live?

 

[xylene]

I suggest you get the assistance of a lawyer. Your "full time traveler" situation sounds half baked at best.

 

[PayrollHRGuy]

I drove through Louisiana yesterday. I was not a resident and you aren't one of SD.

 

[adjusterjack]

I'm a full time traveler. I will move to South Dakota for one day, then continue to travel with the intention of returning there.

That's unlikely to work.

See Rush v. Rush and Parsley v. Parsley:

https://scholar.google.com/scholar_case?case=6820005022951601550&q=25-4-30&hl=en&as_sdt=4,42

https://scholar.google.com/scholar_case?case=12547655803634494271&q=25-4-30&hl=en&as_sdt=4,42

 

[Ohiogal]

What you are considering is called forum shopping. It WILL NOT work.

 

[stealth2]

Where does your spouse live?

The Time-Traveller's Wife?

 

[Aaron13100]

I don't think your plan will meet the residency requirements. Where does your spouse live?

@Zigner As far as I can tell the residency requirement is pretty easy to meet. For example, in order to get a SD driver's license I only need to have a receipt from one night's stay, an address, and a residency affidavit. (https://dps.sd.gov/driver-licensing/renew-and-duplicate/full-time-travelers). My spouse is traveling as well, currently out of the country.