2013 South Dakota Codified Laws
Title 25 - DOMESTIC RELATIONS
Chapter 04 - Divorce And Separate Maintenance
§ 25-4-29 Lapse of time as ground for denial of divorce--Presumption of acquiescence--Other limitations not applicable.
25-4-29. Lapse of time as ground for denial of divorce--Presumption of acquiescence--Other limitations not applicable. A divorce must be denied when there is an unreasonable lapse of time before the commencement of the action. Unreasonable lapse of time is such a delay in commencing the action as establishes the presumption that there has been connivance, collusion, or condonation of the offense, or full acquiescence in the same, with intent to continue the marriage relation, notwithstanding the commission of the offense set up as a ground of divorce. The presumption arising from lapse of time may be rebutted by showing reasonable grounds for the delay in commencing the action.
There are no limitations of time for commencing actions for divorce, except such as contained in this section.
Source: SDC 1939, § 14.0719.
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