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South Dakota Laws > Title 25 > Chapter 4 - Divorce And Separate Maintenance

South Dakota Laws > Title 25 > Chapter 4 - Divorce And Separate Maintenance


Current as of: 2010
§ 25-4-1Marriage dissolved only by death or divorce--Status of parties after divorce
§ 25-4-2Grounds for divorce
§ 25-4-3Adultery defined
§ 25-4-4Extreme cruelty defined
§ 25-4-5Willful desertion defined--Special conditions applicable
§ 25-4-8Refusal of intercourse as desertion--Refusal to live together
§ 25-4-9Desertion by departure during absence of spouse induced by fraud
§ 25-4-10Desertion by cruelty or threats causing departure of spouse
§ 25-4-11Separation by consent not desertion
§ 25-4-12Intent to desert formed during proper absence
§ 25-4-13Desertion by refusal of reconciliation after separation
§ 25-4-14Offer to return curing desertion--Refusal of offer as desertion
§ 25-4-15Willful neglect defined
§ 25-4-16Habitual intemperance defined
§ 25-4-17Continuous period of desertion, neglect, or intemperance required
§ 25-4-17.1Irreconcilable differences defined
§ 25-4-17.2Dissolution of marriage--Legal separation--Continuance--Orders during continuance--Consent of parties
§ 25-4-17.3Use of affidavits to establish jurisdiction and grounds for divorce
§ 25-4-17.4Validation of divorce granted without personal appearance
§ 25-4-18Chronic mental illness as discretionary ground
§ 25-4-19Grounds for denial of divorce
§ 25-4-20Connivance defined
§ 25-4-21Collusion defined
§ 25-4-22Condonation defined--Required elements
§ 25-4-23Condonation not implied by endurance of continuing conduct constituting ground for divorce
§ 25-4-24Fraudulent concealment of ground of divorce avoiding condonation
§ 25-4-25Conjugal kindness as condition subsequent to condonation
§ 25-4-26Revocation of condonation and revival of ground for divorce
§ 25-4-29Lapse of time as ground for denial of divorce--Presumption of acquiescence--Other limitations not applicable
§ 25-4-30Residence requirements for divorce or separate maintenance
§ 25-4-30.1Venue of action--Change by defendant
§ 25-4-33No presumption as to same domicile of parties--Separate domiciles after separation
§ 25-4-33.1Automatic temporary restraining order upon service--Modification or revocation
§ 25-4-34Waiting period before trial of divorce and separate maintenance actions--Temporary orders and preliminary proceedings during waiting period--Validity of proceedings commenced before 1964
§ 25-4-34.1Validation of prior decrees granted on sixtieth day--Deadline for contesting validity
§ 25-4-35Validity of proceedings on service by publication under prior law
§ 25-4-38Alimony pending action
§ 25-4-39Separate maintenance granted on denial of divorce
§ 25-4-40Action for separate maintenance without divorce--Alimony and support
§ 25-4-41Allowance for support when divorce granted
§ 25-4-42Security for payments required of spouse--Receivership--Allowance withheld when recipient's estate sufficient
§ 25-4-43Support payments through clerk of courts--Payment to social services when assignment made to state--Back support--Accounting
§ 25-4-44Division of property between parties
§ 25-4-45Child custody provisions--Modification--Preference of child
§ 25-4-45.1Fault not considered in awarding property or child custody--Exceptions
§ 25-4-45.2Intervention by attorney general or state's attorney when support assigned to state
§ 25-4-45.3Adoption of fee schedule for home studies or investigations ordered by court in custody proceedings
§ 25-4-45.4Counsel appointed for child in certain divorce or custody proceedings--Duty of counsel--Assistance--Costs
§ 25-4-45.5Consideration of domestic abuse and assault conviction in custody award
§ 25-4-45.6Consideration of conviction for death of other parent in custody award
§ 25-4-45.7Protective orders and arrest reports considered in determining existence of history of domestic abuse
§ 25-4-45.8Consideration of reporting abuse falsely or without good cause in custody award
§ 25-4-46Alimony, support, property, and child custody provisions subject to review on appeal
§ 25-4-47Restoration of former name to wife--Validation of prior decrees
§ 25-4-48Legitimacy of children after divorce for adultery of wife
§ 25-4-49Legitimacy of children after divorce for adultery of husband
§ 25-4-51Report of divorces to department of health
§ 25-4-52Visitation rights for grandparents--Enforcement by circuit court
§ 25-4-54Visitation rights of grandparents--Child placed for adoption
§ 25-4-55Exclusion of child from custody proceedings
§ 25-4-56Custody and visitation disputes--Mediation order--Exceptions--Investigation--Allocation of costs
§ 25-4-57Court appointment of mediator
§ 25-4-58Adoption of court rules establishing minimum qualifications of mediator
§ 25-4-58.1Minimum Qualifications for Family Court Mediators
§ 25-4-58.2Conduct of Family Court Mediators
§ 25-4-59Privacy of mediation proceedings
§ 25-4-60Confidentiality of mediation communications and mediator's work product
§ 25-4-61Written mediated agreement--Signing--Court approval
§ 25-4-62Recommendation by mediator to court upon parties' failure to agree
§ 25-4-63Custody and visitation disputes--Appointment of parenting coordinator

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Questions & Answers: Divorce

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