South Dakota 04 — Divorce And Separate Maintenance
- 25-4-1 — Marriage dissolved only by death or divorce--Status of parties after divorce.
- 25-4-2 — Grounds for divorce.
- 25-4-3 — Adultery defined.
- 25-4-4 — Extreme cruelty defined.
- 25-4-5 — Willful desertion defined--Special conditions applicable.
- 25-4-6 — Repealed.
- 25-4-8 — Refusal of intercourse as desertion--Refusal to live together.
- 25-4-9 — Desertion by departure during absence of spouse induced by fraud.
- 25-4-10 — Desertion by cruelty or threats causing departure of spouse.
- 25-4-11 — Separation by consent not desertion.
- 25-4-12 — Intent to desert formed during proper absence.
- 25-4-13 — Desertion by refusal of reconciliation after separation.
- 25-4-14 — Offer to return curing desertion--Refusal of offer as desertion.
- 25-4-15 — Willful neglect defined.
- 25-4-16 — Habitual intemperance defined.
- 25-4-17 — Continuous period of desertion, neglect, or intemperance required.
- 25-4-17.1 — Irreconcilable differences defined.
- 25-4-17.2 — Dissolution of marriage--Legal separation--Continuance--Orders during continuance--Consent of parties.
- 25-4-17.3 — Use of affidavits to establish jurisdiction and grounds for divorce.
- 25-4-17.4 — Validation of divorce granted without personal appearance.
- 25-4-18 — Chronic mental illness as discretionary ground.
- 25-4-19 — Grounds for denial of divorce.
- 25-4-20 — Connivance defined.
- 25-4-21 — Collusion defined.
- 25-4-22 — Condonation defined--Required elements.
- 25-4-23 — Condonation not implied by endurance of continuing conduct constituting ground fordivorce.
- 25-4-24 — Fraudulent concealment of ground of divorce avoiding condonation.
- 25-4-25 — Conjugal kindness as condition subsequent to condonation.
- 25-4-26 — Revocation of condonation and revival of ground for divorce.
- 25-4-27 — Repealed.
- 25-4-29 — Lapse of time as ground for denial of divorce--Presumption of acquiescence--Otherlimitations not applicable.
- 25-4-30 — Residence requirements for divorce or separate maintenance.
- 25-4-30.1 — Venue of action--Change by defendant.
- 25-4-31 — Repealed.
- 25-4-33 — No presumption as to same domicile of parties--Separate domiciles after separation.
- 25-4-33.1 — Automatic temporary restraining order upon service--Modification or revocation.
- 25-4-34 — Waiting period before trial of divorce and separate maintenance actions--Temporaryorders and preliminary proceedings during waiting period--Validity of proceedingscommenced before 1964.
- 25-4-34.1 — Validation of prior decrees granted on sixtieth day--Deadline for contesting validity.
- 25-4-35 — Validity of proceedings on service by publication under prior law.
- 25-4-36 — Repealed.
- 25-4-38 — Alimony pending action.
- 25-4-39 — Separate maintenance granted on denial of divorce.
- 25-4-40 — Action for separate maintenance without divorce--Alimony and support.
- 25-4-41 — Allowance for support when divorce granted.
- 25-4-42 — Security for payments required of spouse--Receivership--Allowance withheld whenrecipient's estate sufficient.
- 25-4-43 — Support payments through clerk of courts--Payment to social services whenassignment made to state--Back support--Accounting.
- 25-4-44 — Division of property between parties.
- 25-4-45 — Child custody provisions--Modification--Preference of child.
- 25-4-45.1 — Fault not considered in awarding property or child custody--Exceptions.
- 25-4-45.2 — Intervention by attorney general or state's attorney when support assigned to state.
- 25-4-45.3 — Adoption of fee schedule for home studies or investigations ordered by court incustody proceedings.
- 25-4-45.4 — Counsel appointed for child in certain divorce or custody proceedings--Duty ofcounsel--Assistance--Costs.
- 25-4-45.5 — Consideration of assault conviction in custody award.
- 25-4-45.6 — Consideration of conviction for death of other parent in custody award.
- 25-4-46 — Alimony, support, property, and child custody provisions subject to review onappeal.
- 25-4-47 — Restoration of former name to wife--Validation of prior decrees.
- 25-4-48 — Legitimacy of children after divorce for adultery of wife.
- 25-4-49 — Legitimacy of children after divorce for adultery of husband.
- 25-4-50 — Repealed.
- 25-4-51 — Report of divorces to department of health.
- 25-4-52 — Visitation rights for grandparents--Enforcement by circuit court.
- 25-4-53 — Repealed.
- 25-4-54 — Visitation rights of grandparents--Child placed for adoption.
- 25-4-55 — Exclusion of child from custody proceedings.
- 25-4-56 — Court authorized to order mediation or investigation--Allocation of costs.
- 25-4-57 — Court appointment of mediator.
- 25-4-58 — Adoption of court rules establishing minimum qualifications of mediator.
- 25-4-58.1 — Minimum Qualifications for Family Court Mediators.
- 25-4-58.2 — Conduct of Family Court Mediators.
- 25-4-59 — Privacy of mediation proceedings.
- 25-4-60 — Confidentiality of mediation communications and mediator's work product.
- 25-4-61 — Written mediated agreement--Signing--Court approval.
- 25-4-62 — Recommendation by mediator to court upon parties' failure to agree.