There is a newer version of the South Dakota Codified Laws
2011 South Dakota Code
Title 25 DOMESTIC RELATIONS
Chapter 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, 25-4-7. Repealed.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 for divorce.
- §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, 25-4-28. Repealed.
- §25-4-29 Lapse of time as ground for denial of divorce--Presumption of acquiescence--Other limitations 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, 25-4-32. Repealed.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.
- §25-4-34 Waiting period before trial of divorce and separate maintenance actions--Temporary orders and preliminary proceedings during waiting period--Validity of proceedings commenced 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, 25-4-37. 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 when recipient's estate sufficient.
- §25-4-43 Support payments through clerk of courts--Payment to social services when assignment 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 in custody proceedings.
- §25-4-45.4 Counsel appointed for child in certain divorce or custody proceedings--Duty of counsel--Assistance--Costs.
- §25-4-45.5 Consideration of domestic abuse and assault conviction in custody award.
- §25-4-45.6 Consideration of conviction for death of other parent in custody award.
- §25-4-45.7 Protective orders and arrest reports considered in determining existence of history of domestic abuse.
- §25-4-45.8 Consideration of reporting abuse falsely or without good cause in custody award.
- §25-4-46 Alimony, support, property, and child custody provisions subject to review on appeal.
- §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 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.
- §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.
- §25-4-63 Custody and visitation disputes--Appointment of parenting coordinator.
Disclaimer: These codes may not be the most recent version. South Dakota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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