Title 25 — DOMESTIC RELATIONS
18 chapters · 661 sections in this title.
SDCL § 25-3-1 Former marriage as ground--Party bringing action--Time of action
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A marriage may be annulled by an action in the circuit court to obtain a decree of nullity if the former husband or wife of either party was living at the time of the marriage, and the marriage with such former husband or wife was then in force. An action to obtain a decree of nu…
SDCL § 25-3-10 Provision for maintenance--Vacation or modification
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When an annulment is granted pursuant to this chapter, the court may provide for such maintenance of a former spouse as the court may deem just and may, at any time, vacate or modify such maintenance. Source: SL 1978, ch 189 , § 1.
SDCL § 25-3-11 Provisions for child custody and support--Vacation or modification
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In an action for annulment the court may, before or after judgment, give such direction for the custody, care, and education of the children of the marriage as may seem necessary or proper, and may at any time vacate and modify the same. Source: SDC 1939, § 14.0604; SDCL, § 25-3-…
SDCL § 25-3-12 Report to Department of Health on annulments
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The clerk of court in every county shall report information of each annulment of marriage filed in the office of the clerk of court, on forms prescribed and furnished by the Department of Health and approved by the state court administrator of the Unified Judicial System. The for…
SDCL § 25-3-2 Unsound mind as ground--Party bringing action--Time of action
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A marriage may be annulled by an action in the circuit court to obtain a decree of nullity if either party was of unsound mind at the time of the marriage, unless such party, after coming to reason, freely cohabitated with the other as husband or wife. An action to obtain a decre…
SDCL § 25-3-3 Legitimacy of children after annulment for former marriage or mental illness
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Where the marriage is annulled on the ground that a former husband or wife was living, or on the ground of mental illness, children begotten before the judgment are legitimate and succeed to the estate of both parents. Source: SDC 1939, § 14.0603.
SDCL § 25-3-4 Annulment of underage marriage--Party bringing action--Time of action
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A marriage may be annulled by an action in the circuit court to obtain a decree of nullity if the party in whose behalf it is sought to have the marriage annulled was under the age of legal consent at the time of the marriage, and such marriage was contracted without the consent …
SDCL § 25-3-5 Forced consent as ground--Party bringing action--Time of action
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A marriage may be annulled by an action in the circuit court to obtain a decree of nullity if, at the time of the marriage, the consent of either party was obtained by force, unless such party afterwards freely cohabitated with the other as husband or wife. An action to obtain a …
SDCL § 25-3-6 Fraud as ground--Party bringing action--Time of action
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A marriage may be annulled by an action in the circuit court to obtain a decree of nullity if, at the time of the marriage, the consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of the facts constituting the fraud, freely cohabitated…
SDCL § 25-3-8 Physical incapacity as ground for annulment--Party bringing action--Time of action
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A marriage may be annulled by an action in the circuit court to obtain a decree of nullity if either party was at the time of the marriage physically incapable of entering into the marriage state, and such incapacity continues and appears to be incurable. An action to obtain a de…
SDCL § 25-3-9 Parties bound by annulment
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A judgment of nullity of marriage is conclusive only as against the parties to the action and those claiming under them. Source: SDC 1939, § 14.0605.