PRACTICE AREAS
DIVORCE
South Dakota law requires 60 days to pass after commencement of an action before a divorce can be finalized. During that “cooling off” period, we work toward reaching an agreement on the issues in your case in an attempt to avoid a time-consuming, expensive trial before a judge. Much can be accomplished through a calm, objective discussion of the problems, and our goal is to negotiate the best result for you outside of Court -- but we are fully prepared to present the most effective arguments to the Court should litigation be necessary.
CHILD CUSTODY
Litigation of child custody rights and visitation is a difficult and emotionally trying process. In South Dakota, the Courts look at what is in the best interests of the children when making custody determination. Although South Dakota has adopted Parenting Guidelines, there are other considerations in each case, or the Guidelines may not be suitable for every situation. Parents must either come to an agreement that is reasonable for both the children and parents, or a determination will be made by the Court after presentation of your case or a trial. During the process, a custody evaluation (or home study) may be required to assist the Court in making a determination. Our priority is to assist our client in making the most informed decisions based on the best interests of the children and their particular circumstances.
RELOCATION
In most circumstances, South Dakota specifically requires that a custodial parent who intends to change the principal residence of the children provide a detailed written notice to the other legal parent. We can assist you in properly providing such notice and handle any proceedings which may transpire as a result of your proposal or in response to another parents proposed move.
PATERNITY
Even though your name may be on the birth certificate, it is important that you have a court-ordered determination of paternity to protect your rights as a parent. We can assist you in legally establishing paternity of a child.
CHILD SUPPORT
Child support in South Dakota is based on the earnings of each parent, the custodial arrangement, and other special considerations. When we have adequate income information, we can provide an estimate of what you can expect as support for your children. If you have a court order for child support, we can also assist you in modifying or enforcing those provisions.
SPOUSAL SUPPORT (ALIMONY)
There are numerous factors considered in determining whether a spouse is entitled to alimony. Based upon the facts of your case, we can give you our opinion on whether you or your spouse may be entitled to spousal support or alimony.
ABUSE - STALKING - PROTECTION ORDERS
Please call 911 if you are in danger. No person has the right to harass or assault their spouse, partner, or any person. If someone harms you, or even threatens to harm you, we can assist you in obtaining a Restraining Order or Protection Order to limit contact with that person and provide some protection from domestic abuse or stalking.
PREMARITAL (PRENUPTIAL) AGREEMENTS
If you are considering marrying again or sharing a home with a partner, we can provide recommendations and determine of whether a Premarital Agreement is needed to protect you and your estate, or review a proposed agreement prepared by your fiancé’s attorney to assist you in protecting your rights.
ADOPTION, TERMINATION OF RIGHTS, GUARDIANSHIP
These areas of Family Law require specialization and delicate handling. We are experienced in these areas and prepared to assist you.
CRIMINAL DEFENSE
We can assist you on a variety of criminal cases, misdemeanors and felonies. Even if you are guilty, it is important that you consult with an attorney prior to entering into any plea. Our staff has 20 years of criminal defense experience. Please remember to seek legal advice before speaking with law enforcement.