PocketLaw | South Dakota Codified Laws | Divorce And Separate

Divorce And Separate Maintenance

Checkout our iOS App for a better way to browser and research.

Marriage dissolved only by death or divorce--Status of parties after divorce.

Grounds for divorce.

Adultery defined.

Extreme cruelty defined.

Willful desertion defined--Special conditions applicable.

25-4-7. Repealed.

Refusal of intercourse as desertion--Refusal to live together.

Desertion by departure during absence of spouse induced by fraud.

Section
25-4-10

Desertion by cruelty or threats causing departure of spouse.

Section
25-4-11

Separation by consent not desertion.

Section
25-4-12

Intent to desert formed during proper absence.

Section
25-4-13

Desertion by refusal of reconciliation after separation.

Section
25-4-14

Offer to return curing desertion--Refusal of offer as desertion.

Section
25-4-15

Willful neglect defined.

Section
25-4-16

Habitual intemperance defined.

Section
25-4-17

Continuous period of desertion, neglect, or intemperance required.

Section
25-4-17.1

Irreconcilable differences defined.

Section
25-4-17.2

Dissolution of marriage--Legal separation--Continuance--Orders during continuance--Consent of parties.

Section
25-4-17.3

Use of affidavits to establish jurisdiction and grounds for divorce.

Section
25-4-17.4

Validation of divorce granted without personal appearance.

Section
25-4-18

Chronic mental illness as discretionary ground.

Section
25-4-19

Grounds for denial of divorce.

Section
25-4-20

Connivance defined.

Section
25-4-21

Collusion defined.

Section
25-4-22

Condonation defined--Required elements.

Section
25-4-23

Condonation not implied by endurance of continuing conduct constituting ground for divorce.

Section
25-4-24

Fraudulent concealment of ground of divorce avoiding condonation.

Section
25-4-25

Conjugal kindness as condition subsequent to condonation.

Section
25-4-26

Revocation of condonation and revival of ground for divorce.

Section
25-4-27

25-4-28. Repealed.

Section
25-4-29

Repealed.

Section
25-4-30

Residence requirements for divorce or separate maintenance.

Section
25-4-30.1

Venue of action--Change by defendant.

Section
25-4-31

25-4-32. Repealed.

Section
25-4-33

No presumption as to same domicile of parties--Separate domiciles after separation.

Section
25-4-33.1

Automatic temporary restraining order upon service.

Section
25-4-34

Waiting period before trial of divorce and separate maintenance actions--Temporary orders and preliminary proceedings during waiting period.

Section
25-4-34.1

Validation of prior decrees granted on sixtieth day--Deadline for contesting validity.

Section
25-4-35

Validity of proceedings on service by publication under prior law.

Section
25-4-36

25-4-37. Repealed.

Section
25-4-38

Alimony pending action.

Section
25-4-39

Separate maintenance granted on denial of divorce.

Section
25-4-40

Action for separate maintenance without divorce--Alimony and support.

Section
25-4-41

Allowance for support when divorce granted.

Section
25-4-42

Security for payments required of spouse--Receivership--Allowance withheld when recipient's estate sufficient.

Section
25-4-43

Support payments through clerk of courts--Payment to social services when assignment made to state--Back support--Accounting.

Section
25-4-44

Division of property between parties.

Section
25-4-45

Child custody provisions--Modification--Preference of child.

Section
25-4-45.1

Fault not considered in awarding property or child custody--Exceptions.

Section
25-4-45.2

Intervention by attorney general or state's attorney when support assigned to state.

Section
25-4-45.3

Adoption of fee schedule for home studies or investigations ordered by court in custody proceedings.

Section
25-4-45.4

Counsel appointed for child in certain divorce or custody proceedings--Duty of counsel--Assistance--Costs.

Section
25-4-45.5

Consideration of domestic abuse and assault conviction in custody award.

Section
25-4-45.6

Consideration of conviction for death of other parent in custody award.

Section
25-4-45.7

Protective orders and arrest reports considered in determining existence of history of domestic abuse.

Section
25-4-45.8

Consideration of reporting abuse falsely or without good cause in custody award.

Section
25-4-46

Alimony, support, property, and child custody provisions subject to review on appeal.

Section
25-4-47

Restoration of former name to wife--Validation of prior decrees.

Section
25-4-48

25-4-49. Repealed.

Section
25-4-50

Repealed.

Section
25-4-51

Report of divorces to department of health.

Section
25-4-52

Visitation rights for grandparents--Enforcement by circuit court.

Section
25-4-53

Repealed.

Section
25-4-54

Visitation rights of grandparents--Child placed for adoption.

Section
25-4-55

Exclusion of child from custody proceedings.

Section
25-4-56

Custody and visitation disputes--Mediation order--Exceptions--Investigation--Allocation of costs.

Section
25-4-57

Court appointment of mediator.

Section
25-4-58

Adoption of court rules establishing minimum qualifications of mediator.

Section
25-4-58.1

Minimum Qualifications for Family Court Mediators.

Section
25-4-58.2

Conduct of Family Court Mediators.

Section
25-4-59

Privacy of mediation proceedings.

Section
25-4-60

Confidentiality of mediation communications and mediator's work product.

Section
25-4-61

Written mediated agreement--Signing--Court approval.

Section
25-4-62

Recommendation by mediator to court upon parties' failure to agree.

Section
25-4-63

Custody and visitation disputes--Appointment of parenting coordinator.

Section
25-4-64

Parenting coordinator appointment at party request or on court's own motion.

Section
25-4-65

Qualifications of parenting coordinator.

Section
25-4-66

Appointment upon consent of parties.

Section
25-4-67

Parenting coordinator application form.

Section
25-4-68

Term of parenting coordinator--Resignation--Discharge.

Section
25-4-69

Parenting coordinator fees and costs.

Section
25-4-70

Duties of parenting coordinator.

Section
25-4-71

Attorney and parenting coordinator fees related to motion.

Section
25-4-72

Authority of court.

Section
25-4-73

Standards of conduct for parenting coordinators.

Section
25-4-74

Communications with parenting coordinator not confidential.

Section
25-4-75

Motion to reopen case to divide assets omitted from property division.

Section
25-4-76

Equitable division of inadvertently omitted assets.

Section
25-4-77

Remedies for intentional concealment of omitted assets.

Section
25-4-78

Attorneys fees for motion for omitted assets.

Section
25-4-79

Jurisdiction over motions for omitted assets when court of this state entered original decree.

Section
25-4-80

Jurisdiction over motions for omitted assets when court of another state entered original decree.

Section
25-4-81

Time for filing motion for inadvertently omitted assets.

Section
25-4-82

Time for filing motion for intentional concealment of assets.

Section
25-4-83

Nonexclusive remedies.