Title 25 — DOMESTIC RELATIONS

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 …

Source: SDC 1939, § 14.0726 as added by SL 1963, ch 64 ; SL 1977, ch 204 ; SL 2022, ch 81 , § 9.

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 …

Each temporary custody order shall include specific findings of fact and conclusions of law, except if the court confirms the agreement of the parties. Source: SL 2002, ch 125 , § 5; SL 2018, ch 156 , § 1.

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. …

25-4-52 Visitation rights for grandparents--Enforcement by circuit court. 25-4-53

The clerk of court in every county shall report information of each dissolution of marriage or divorce 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 Sy…

The circuit court may grant grandparents reasonable rights of visitation with their grandchild, with or without petition by the grandparents, if the visitation is in the best interests of the grandchild and: (1) If the visitation will not significantly interfere with the parent -…

25-4-55 Exclusion of child from custody proceedings. 25-4-56 Custody and visitation disputes--Mediation order--Exceptions--Investigation--Allocation of costs. 25-4-57 Court appointment of mediator. 25-4-58 Adoption of court rules establishing minimum qualifications of mediator. 2…

The provisions of §§ 25-4-52 to 25-4-54 , inclusive, do not apply if the child has been placed for adoption with a person other than the child's stepparent or grandparent. Any grandparent visitation rights granted pursuant to §§ 25-4-52 to 25-4-54 , inclusive, prior to placement …

In proceedings under this chapter involving contested custody of a child, upon request of counsel for either party, the court may, for good cause and at its discretion, exclude the child from the proceedings. Source: SL 1983, ch 203 .

Source: SL 2014, ch 122 , § 3.

For any mediation ordered pursuant to § 25-4-56 the court shall appoint a mediator from a list of qualified mediators approved by the court. Source: SL 1996, ch 163 , § 1.

The Supreme Court shall adopt rules establishing the minimum qualifications of a mediator. To be included on a list of qualified mediators approved by the court, a person must possess the minimum qualifications. Source: SL 1996, ch 163 , § 2.

To be eligible as a court appointed family court mediator under § 25-4-56 , a mediator must have the following minimum qualifications: (1) A mediator must file an approved application on the prescribed form with the presiding judge for the circuit or circuits in which the mediato…

Mediators are expected to conduct themselves by the highest ethical standards. Mediators should conduct themselves and mediations according to the following general principles: (1) A mediator should recognize that mediation is based on participation and self - determination by th…

The mediator shall conduct the mediation proceedings in private. The mediator may exclude counsel from participation in the mediation proceedings. Source: SL 1996, ch 163 , § 3.

Any communication, oral or written, in a mediation proceeding pursuant to § 25-4-56 is confidential and inadmissible as evidence in any proceeding. A mediator appointed pursuant to § 25-4-56 may not be a witness, and the notes and work product of the mediator are not subject to d…

The mediator shall reduce to writing any agreement of the parties. The mediator shall inform the parties of their right to review the agreement with counsel before they sign the agreement. After the agreement is signed by the parties, the mediator shall present the agreement to t…

The mediator may report to the court at any time that the parties are unable to reach an agreement. The mediator may recommend to the court that the full hearing on the custody or visitation issue be held within thirty days. The mediator may not make a substantive recommendation …

In any custody or visitation dispute between parents, the court may appoint a parenting coordinator to assist the parents in resolving contested issues. The Supreme Court may promulgate rules pursuant to § 16-3-1 to prescribe the authority, duties, appointment, and compensation o…

At the request of either party, or on the court's own motion, a parenting coordinator may be appointed in any custody or visitation proceeding. The parties may agree to use a parenting coordinator, subject to approval by the court, or the court may designate a parenting coordinat…

A parenting coordinator must satisfy the following minimum qualifications: (1) A parenting coordinator must file an approved application on the prescribed form with the presiding judge for the circuit in which the parenting coordinator will provide parenting coordinator services;…

Persons not meeting the requirements of § 25-4-65 may be appointed as a parenting coordinator by the court upon consent of the parties. Source: SL 2013, ch 268 , § 3 (Supreme Court Rule 13-07), eff. July 1, 2013.

The prescribed form for a person seeking approval as a parenting coordinator is as follows: PARENTING COORDINATOR APPLICATION FORM UNIFIED JUDICIAL SYSTEM OF SOUTH DAKOTA Instructions: To be considered for approval as a parenting coordinator an applicant must complete this applic…

The term of the parenting coordinator will be designated in the order of appointment. The parenting coordinator may resign upon notice to the parties and the court. Absent an order of the court, one or both parties cannot discharge a parenting coordinator. The court may terminate…

A parenting coordinator shall disclose how fees and costs will be calculated for any services rendered and such fees and costs are subject to the approval of the court. The fees and costs for any parenting coordinator shall be at the sole expense of the parties. The court will de…

The court order appointing the parenting coordinator shall specify the scope of the appointment and authority of the parenting coordinator. Additionally, a parenting coordinator may be ordered to do one or more of the following: (1) Inform the parties of the role of the parenting…

The court may award attorney fees and allocate the fees of the parenting coordinator related to any motion of the parties. Source: SL 2013, ch 268 , § 8 (Supreme Court Rule 13-07), eff. July 1, 2013.

The appointment of a parenting coordinator does not divest the court of its exclusive jurisdiction to determine fundamental issues of custody, visitation and support, and the authority to exercise management and control of the case. Source: SL 2013, ch 268 , § 9 (Supreme Court Ru…

Parenting coordinators are expected to conduct themselves by the highest ethical standards. Parenting coordinators should conduct themselves according to the following general principles: (1) A parenting coordinator should recognize that success is based on participation and self…

Parenting coordination is not a confidential process. There is also no evidentiary privilege for communications made as part of the parenting coordination process. The parenting coordinator may be called to testify if ordered by the court in the case. Source: SL 2013, ch 268 , § …

Any court that has entered an original decree of marital annulment, dissolution, or legal separation and determined a division of the property shall reopen the case upon the motion of either party to the original decree if the moving party alleges all of the following regarding a…

If the court finds the assets were inadvertently omitted from the division of property, the court shall make an equitable division of the omitted assets. The court shall make an equitable division of the omitted assets, whether the titles to the assets are in the name of the husb…

If the court finds the omitted assets were intentionally concealed by the nonmoving party or the nonmoving party's agent, the court may order an equitable division of the omitted assets' appreciated value, a forfeiture of the omitted assets to the moving party, or any other appro…