Title 25, DOMESTIC RELATIONS

Consent to a separation is a revocable act and if one of the parties afterwards in good faith seeks a reconciliation and restoration, but the other refuses it, such refusal is desertion. Source: SDC 1939, § 14.0709 (6).

If one party deserts the other and, before the expiration of the statutory period required to make the desertion a cause of divorce, returns and offers in good faith to fulfill the marriage contract and solicits condonation, the desertion is cured. If the other party refuses such…

Willful neglect is the neglect of a person to provide the common necessaries of life for his or her spouse, when having the ability to do so; or it is the failure to do so by reason of idleness, profligacy, or dissipation. Source: SDC 1939, § 14.0710; SL 1984, ch 12 , § 45.

Habitual intemperance is that degree of intemperance from the use of intoxicating drinks which disqualifies the person a great portion of the time from properly attending to business, or which would reasonably inflict a course of great mental anguish upon the innocent party. Sour…

Willful desertion, willful neglect, or habitual intemperance must continue for one year before either is a ground for divorce. Source: SDC 1939, § 14.0712.

Irreconcilable differences are those grounds which are determined by the court to be substantial reasons for not continuing the marriage and which make it appear that the marriage should be dissolved. Source: SL 1985, ch 207 , § 1.

If from the evidence at the hearing, the court finds that there are irreconcilable differences, which have caused the irremediable breakdown of the marriage, it shall order the dissolution of the marriage or a legal separation. If it appears that there is a reasonable possibility…

In any action for divorce or separate maintenance in which the parties have consented to the use of irreconcilable differences, the court may grant the divorce based on the affidavits of the parties establishing the requisite jurisdiction and grounds for the divorce or separate m…

Any divorce or separate maintenance which has been granted without the personal appearance of a party is hereby legalized and validated. Source: SL 1987, ch 187 , § 2.

In case of incurable, chronic mania or dementia of either spouse having existed for five years or more, while under confinement by order of a court of record or of the Board of Mental Illness as provided by law, the court may in its discretion grant a divorce. Source: SDC 1939, §…

Divorces must be denied upon showing: (1) Connivance; (2) Collusion; (3) Condonation; or (4) Limitation and lapse of time. Source: SDC 1939, § 14.0713; SL 1973, ch 161 .

Divorces may be granted for any of the following causes: (1) Adultery; (2) Extreme cruelty; (3) Willful desertion; (4) Willful neglect; (5) Habitual intemperance; (6) Conviction of felony; (7) Irreconcilable differences. Source: SDC 1939, § 14.0703 (1) to (6); SL 1985, ch 207 , §…

Connivance is the corrupt consent of one party to the commission of the acts of the other, constituting the cause of divorce. Corrupt consent is manifested by passive permission, with intent to connive at or actively procure the commission of the acts complained of. Source: SDC 1…

Collusion is an agreement between husband and wife that one of them shall commit or appear to have committed or to be represented in court as having committed acts constituting a cause of divorce, for the purpose of enabling the other to obtain a divorce. Source: SDC 1939, § 14.0…

Condonation is the conditional forgiveness of a matrimonial offense constituting a cause of divorce. The following requirements are necessary to condonation: (1) A knowledge on the part of the condoner of the facts constituting the cause of divorce; (2) Reconciliation and remissi…

Where the cause of divorce consists of a course of offensive conduct, or arises in cases of cruelty from excessive acts of ill - treatment, which may aggregately constitute the offense, cohabitation, or passive endurance, or conjugal kindness shall not be evidence of condonation …

A fraudulent concealment by the condonee of facts constituting a different cause of divorce from the one condoned, and existing at the time of condonation, avoids such condonation. Source: SDC 1939, § 14.0716.

Condonation implies a condition subsequent that the forgiving party must be treated with conjugal kindness. Source: SDC 1939, § 14.0716.

Condonation is revoked and the original cause of divorce revived: (1) When the condonee commits acts constituting a like or other cause of divorce; or (2) When the condonee is guilty of great conjugal unkindness, not amounting to a cause of divorce, but sufficiently habitual and …

Adultery is the voluntary sexual intercourse of a married person with one of the opposite sex to whom he or she is not married. The effective date of this section is July 1, 1984. Source: SDC 1939, § 14.0704; repealed SL 1976, ch 158 , § 22-8 ; re - enacted SL 1984, ch 12 , § 38;…

The plaintiff in an action for divorce or separate maintenance must, at the time the action is commenced, be a resident of this state, or be stationed in this state while a member of the armed services. Subsequently, the plaintiff need not maintain that residence or military pres…

An action for divorce or separate maintenance may be commenced in the county of residence of either party, subject to the right of the defendant to have the place of trial changed to the county where the defendant resides. Source: SDC 1939, § 14.0720; SDCL, § 25-4-30 ; SL 1974, c…

In actions for divorce there is no presumption of law that the domicile of either party is the domicile of the other. After separation each party may have a separate domicile, depending for proof upon actual residence, and not upon legal presumption. Source: SDC 1939, § 14.0721.

Upon the filing of a summons and complaint for divorce or separate maintenance by the plaintiff, and upon personal service of the summons and complaint on the defendant, a temporary restraining order shall be in effect against both parties until the final decree is entered, the c…

An action for divorce or separate maintenance shall not be heard, tried, or determined by the court until at least sixty days have elapsed from the completed service of the plaintiff's summons and complaint therein. During said waiting period the court may issue all orders requir…

All divorce decrees granted on the sixtieth day after service of the summons and complaint, on or before December 12, 1979, are hereby legalized, cured, and validated as if they were granted on the sixty - first day following service of the summons and complaint. Any person claim…

All actions or proceedings had before July 1, 1959, for divorce pursuant to chapter 179 of the Session Laws of 1957, and all actions or proceedings commenced pursuant thereto prior to said date, and completed thereafter by entry of judgment or decree therein, are hereby legalized…

While an action for divorce is pending, the court may in its discretion require one spouse to pay as alimony any money necessary to support the other spouse or the children of the parties, or to prosecute or defend the action. Source: SDC 1939, § 14.0725; SL 1979, ch 165 , § 1.

Though judgment of divorce is denied, the court may in an action for divorce provide for maintenance of a spouse and the children of the parties, or any of them, by the other spouse. Source: SDC 1939, § 14.0727; SL 1979, ch 165 , § 2.

Extreme cruelty is the infliction of grievous bodily injury or grievous mental suffering upon the other, by one party to the marriage. Source: SDC 1939, § 14.0708.

An action for separate maintenance may be maintained without request for divorce, upon any grounds which would be grounds for divorce, and in such cases the court shall have power to award temporary alimony, suit money, and permanent support for a spouse and the children of the p…

Where a divorce is granted, the court may compel one party to make such suitable allowance to the other party for support during the life of that other party or for a shorter period, as the court may deem just, having regard to the circumstances of the parties represented; and th…

The court may require a spouse to give reasonable security for providing maintenance, or making any payments required under the provisions of this chapter, and may enforce the same by the appointment of a receiver, or by any other remedy applicable to the case. But when a spouse …

When a divorce is granted, the courts may make an equitable division of the property belonging to either or both, whether the title to such property is in the name of the husband or the wife. In making such division of the property, the court shall have regard for equity and the …

In an action for divorce, 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 or modify the same. In awarding the custody of a child, the cour…

Fault shall not be taken into account with regard to the awarding of property or the awarding of child custody, except as it may be relevant to the acquisition of property during the marriage or to the fitness of either parent in awarding the custody of children. Source: SL 1976,…

In all cases where child support has been assigned to the state, the attorney general or the state's attorney shall have the right to intervene pursuant to § 15-6-24(a) in ongoing divorce actions to obtain child support, or to petition the court to modify existing court orders fo…

The secretary of social services may, pursuant to chapter 1-26 , adopt a schedule of fees for home studies or investigations ordered by the court in custody proceedings. The fees may not exceed actual costs and shall be based on the ability of the parties involved to pay for the …

Notwithstanding the provisions of § 26-7A-31 , if the court determines mediation as provided in § 25-4-56 is not feasible the court may appoint counsel for any child involved in any divorce or custody proceeding, in which the child is alleged to be neglected or abused, or if a pa…

In awarding custody involving a minor, the court shall consider: (1) A conviction of domestic abuse as defined in subdivision 25-10-1(1); or (2) A conviction of assault against a person as defined in subdivision 25-10-1(2), except against any person related by consanguinity, but …

In awarding custody or granting rights of visitation involving a minor, the court shall consider a conviction, excluding vehicular homicide, of a parent for the death of the other parent. A conviction for the death of the other parent creates a rebuttable presumption that awardin…

For purposes of this chapter, in determining whether a history of domestic abuse exists, the court's consideration may include the issuance of a protection order against a parent or any arrest report of a parent following the response of law enforcement to a report of domestic ab…

In determining what is in the best interest of any particular child, the court shall consider whether the person whose conduct is under review has ever attempted to influence a child custody hearing by, falsely or without good cause, reporting pursuant to chapter 26-8A that some …

The disposition of the homestead by the court, and all orders and decrees touching the alimony and maintenance of a spouse, and for the custody, education, and support of the children as above provided are subject to revision on appeal in all particulars, including those which ar…

Whenever a decree of divorce is granted, the trial court may, in its discretion or upon the application of either party by the terms of the decree, restore to the woman her maiden name or the name she legally bore prior to her marriage to the husband in the divorce suit. All decr…

Willful desertion is the voluntary separation of one of the married parties from the other with intent to desert. The special conditions or circumstances set forth in §§ 25-4-8 to 25-4-14 , inclusive, shall also apply in establishing desertion under the provisions of this title. …