Divorce Law

Affordable divorce lawyers on your side in the Sioux Falls, SD area.

Divorce can be a difficult and stressful experience for any family. No matter where you are in the process – from just starting to gather information to already separated from your spouse – you’ll want to talk to an experienced divorce lawyer with a proven track record.

At Wilka, Welter & Ash, we will help you navigate the complexities of divorce law. Even amicable divorces require a great deal of legal know-how to ensure both parties get a fair settlement. We will clarify the steps you need to take, and help mitigate the risks inherent with any major legal life-change. Before you file for divorce, speak with an attorney who can help lead you down the best path.

Give us a call at (605) 338-9711 or send us a message now to get started.

Do You Need an Attorney to Get a Divorce?

In most cases, yes. If there are situations like spousal, child, or substance abuse, or you think your spouse is lying or being vindictive, you absolutely will want to hire a lawyer to protect you. If your divorce is mutually agreeable and uncontested, it is possible to go through the divorce process pro se (without an attorney). Even in those cases, however, the legal process is still complicated and emotions tend to run high between the two parties.

Child support and alimony payments, for example, need to be sufficient to benefit the recipients, but fair and balanced with income. The inherent challenge of agreeing upon amounts for these payments becomes significantly simpler when you hire a family law specialist.

What Do You Need to Get Divorced in South Dakota?

The state of South Dakota will grant a divorce for the following grounds: adultery, extreme cruelty, willful desertion, wilful neglect, habitual intemperance, conviction of a felony, chronic mental illness or irreconcilable differences.

To begin the process of getting a divorce, you need to have the following information ready for your lawyer:

Residency: The state of South Dakota doesn’t require a length of residency or waiting period before filing for divorce, but you must have proof of residency and be in good standing. You also must remain a resident of South Dakota until the divorce is final.

Personal Information: You will need personal data like addresses, phone numbers, Social Security numbers, and birth dates of both spouses. You will also need your marriage certificate and information about any prior marriage of either person, including a certified copy of that divorce decree. If there have been any previous legal proceedings involving the spouses or children, you will need that as well. If you have done any marriage counseling or attempts at reconciliation, be sure to have documentation about the details around those times as well.

Financial Data: You will need your your income tax return and related data from the IRS from the previous year, as well as current income information like a pay slip. You will also need a list of assets and liabilities of both parties, and copies of applications for credit (like a mortgage).

When you meet with a lawyer, they can help you prepare a divorce settlement agreement. If your spouse’s attorney has already prepared it, you will want to review it with your lawyer to make sure the agreement is protecting your best interests too.

How to Pick the Right Divorce Lawyer

Finding a good divorce lawyer for your situation is important. There are many good divorce lawyers in the Sioux Falls area, which can make the decision seem overwhelming.

We recommend doing some research and interviewing before you make your decision. At Wilka and Welter, we offer free case evaluations allowing you to talk with our team about your case before you commit. This consultation allows you to learn your rights and find out what to expect when moving forward with your divorce case with us.

Reputation is important. There are many attorneys out there that will tell you what you want to hear to win your business. If during a consultation, a lawyer is distracted by other phone calls or emails, they likely won’t focus solely on you during your case either. Research reviews about lawyers around Sioux Falls. We trust you’ll find that Wilka and Welter’s reputation for serving our clients is among the best around South Dakota.

Contact Wilka, Welter & Ash

Whether you are just need some legal advice, or you are already in full separation, you will greatly benefit from a consult with a practicing divorce attorney. When you come to Wilka, Welter & Ash, we will review your case, outline all your options to help you make the best informed decision, and we will be by your side until the entire process is complete. Our knowledge and expertise will help ensure the best possible outcome during your divorce proceedings. Contact us now.