Individuals & Families
Small Businesses
Nonprofits
Employers
Employee Benefits Brokers
PEOs
Credit Unions
Membership Groups
Legal Information
Sign In
/
U.S. State Codes
/
South-Dakota
/
Title 25 - Domestic Relations
/
Chapter 04 - Divorce And Separate Maintenance
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 Repealed.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 Repealed.
§ 25-4-29 Repealed.
§ 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 Repealed.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.
§ 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 , 25-4-49. Repealed.
§ 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.
§ 25-4-64 Parenting coordinator appointment at party request or on court's own motion.
§ 25-4-65 Qualifications of parenting coordinator.
§ 25-4-66 Appointment upon consent of parties.
§ 25-4-67 Parenting coordinator application form.
§ 25-4-68 Term of parenting coordinator--Resignation--Discharge.
§ 25-4-69 Parenting coordinator fees and costs.
§ 25-4-70 Duties of parenting coordinator.
§ 25-4-71 Attorney and parenting coordinator fees related to motion.
§ 25-4-72 Authority of court.
§ 25-4-73 Standards of conduct for parenting coordinators.
§ 25-4-74 Communications with parenting coordinator not confidential.
§ 25-4-75 Motion to reopen case to divide assets omitted from property division.
§ 25-4-76 Equitable division of inadvertently omitted assets.
§ 25-4-77 Remedies for intentional concealment of omitted assets.
§ 25-4-78 Attorneys fees for motion for omitted assets.
§ 25-4-79 Jurisdiction over motions for omitted assets when court of this state entered original decree.
§ 25-4-80 Jurisdiction over motions for omitted assets when court of another state entered original decree.
§ 25-4-81 Time for filing motion for inadvertently omitted assets.
§ 25-4-82 Time for filing motion for intentional concealment of assets.
§ 25-4-83 Nonexclusive remedies.