Helping families in difficult times

Assisting Families in Crisis    

A divorce is never easy. If you are considering a divorce you need an experienced attorney who will explain the legal issues and help you make the decisions that will be in you and your children's best interest. At Frieberg, Nelson & Ask L.L.P., our divorce attorneys understand the financial and emotional stress that our divorcing clients often face. To speak to an experienced divorce attorney, contact Frieberg, Nelson & Ask L.L.P. for an initial consultation.

First Separation, Then Divorce    

Before you can obtain a divorce in South Dakota, you must have been living separate and apart. unless a spouse is able to establish a fault based ground for divorce, such as physical abuse, alcohol or drug abuse, or adultery.  However, all issues relating to the marriage including  property division, alimony, custody, and child support can be permanently decided through litigation or agreement before the divorce is granted.

Property Division    

Almost all divorces involve the division of marital property. Assets such as real estate, retirement accounts, family businesses, and personal property must be equitably apportioned between the parties. Debts such as student loans and credit cards must also be properly allocated. We will work with you to help determine the asset division that best meets your needs.

Parenting Issues    

Often the most difficult issue in a divorce is establishing custody of your minor children.  The touchstone the court will use in a custody determination is the "best interest of the child." Our attorneys litigate custody disputes in the court room or draft custody agreements providing for the specific needs of our client and the children involved. Frieberg, Nelson & Ask L.L.P. will provide advice and guidance with issues involving:

• Custody
• Visitation
• Child support

Alimony/Spousal Support    

Alimony can be awarded temporarily while the divorce process is underway or can be awarded permanently with the ability to modify or terminate support based on a change in circumstances. Some of the factors the court will take into account are the duration of the marriage, the income and financial circumstances of the parties, and the fault of either party.  Alimony cases are often complex and the assistance of an attorney is crucial in protecting your rights and financial future.