South Dakota code § Annulment.
Grounds 25-3-1. Former
marriage as ground--
Party bringing action--Time of action. A marriage may be annulled by an action in the circuit court
to obtain a decree of nullity if the former husband or wife of either party was living at the time of the marriage, and the
marriage with such former husband or wife was then in force. An action to obtain a decree of nullity of marriage for causes
mentioned in this section must be commenced by either party during the life of the other, or by such former husband or wife.
South Dakota divorce statutes 25-3-2. Unsound mind as ground--Party bringing action--Time
of action. A marriage may be annulled
by an action in the circuit court to obtain a decree of nullity if either party was of unsound mind at the time of the marriage,
unless such party, after coming to reason, freely cohabitated with the other as husband or wife. An action to obtain a decree
of nullity of marriage for causes mentioned in this section must be commenced by the party injured, or relative or guardian
of the party of unsound mind, at any time before the death of either party.
South Dakota divorce statutes 25-3-4. Annulment of underage marriage--Party bringing
action--Time of action. A marriage
may be annulled by an action in the circuit court to obtain a decree of nullity if the party in whose behalf it is sought
to have the marriage annulled was under the age of legal consent at the time of the marriage, and such marriage was contracted
without the consent of his or her parents or guardian or person having charge of him or her, unless,
after attaining the age of consent, such party for any time freely cohabitated with the other as
husband or wife. An action to obtain a
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this section must be commenced by the party to the marriage who was married under the age of legal consent, within four years
after arriving at the age of consent, or by a parent, guardian, or other person having charge of such nonaged male or female,
at any time before such married minor has arrived at the age of legal consent.
South Dakota divorce statutes 25-3-5. Forced consent as ground--Party
bringing action--Time of action. A marriage may be annulled by an action in the circuit court to obtain a decree of
nullity if, at the time of the marriage, the consent of either party was obtained by force, unless such party afterwards
freely cohabitated with the other as husband or wife. An action to obtain a decree of nullity of marriage for causes mentioned
in this section must be commenced by the injured party, within four years after the marriage.
South Dakota divorce statutes 25-3-8. Physical incapacity as ground for annulment--Party
bringing action--Time of action. A marriage
may be annulled by an action in the circuit court to obtain a decree of nullity if either party was at the time of the marriage
physically incapable of entering into the marriage state, and such incapacity continues and appears to be incurable. An action
to obtain a decree of nullity of marriage for causes mentioned in this section must be commenced by the injured party, within
four years after the marriage.
South Dakota divorce statutes 25-3-11. Provisions for child custody and support--Vacation
or modification. In an action for annulment
the court may, before or after judgment, give such direction for the custody, care, and education of the children of the
marriage as may seem necessary or proper, and may at any time vacate and modify the same. |
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South Dakota code § 25-4-2. Grounds
for divorce
(1) Adultery;
(2) Extreme cruelty;
(3) Willful desertion;
(4) Willful neglect;
(5) Habitual intemperance;
(6) Conviction of felony;
(7) Irreconcilable differences.
South Dakota divorce statutes 25-4-3. Adultery defined. Adultery is the voluntary
sexual intercourse of a married person with one of the opposite sex to whom he or she is not married.
South Dakota divorce statutes 25-4-4. Extreme cruelty defined. Extreme cruelty
is the infliction of grievous bodily injury or grievous mental suffering upon the other, by one party to the marriage.
South Dakota divorce statutes 25-4-5. Willful desertion defined--Special
conditions applicable. Willful desertion is the voluntary separation of one of the married parties from the other with
intent to desert.
South Dakota divorce statutes 25-4-8. Refusal of intercourse as desertion--
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Refusal to live together. Persistent refusal to have
reasonable matrimonial intercourse as husband and wife when health or physical condition does not make such refusal reasonably
necessary, or the refusal of either party to dwell in the same house with the other party when there is no just cause for
such refusal, is desertion.
South Dakota divorce statutes 25-4-9. Desertion by departure during absence of spouse
induced by fraud. When one party is induced
by the stratagem or fraud of the other party to leave the family dwelling place or to be absent, and during such absence
the offending party departs with intent to desert the other, it is desertion by the party committing the stratagem or fraud
and not by the other.
South Dakota divorce statutes 25-4-10. Desertion by cruelty or threats causing departure
of spouse. Departure or absence of one
party from the family dwelling place caused by cruelty or by threats of bodily harm from which danger would be reasonably
apprehended from the other is not desertion by the absent party, but it is desertion by the other party.
South Dakota divorce statutes 25-4-11. Separation by consent not desertion. Separation
by consent with or without the understanding that one of the parties will apply for a divorce is not desertion. |
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South Dakota code § 25-4-17.2. Dissolution
of marriage--Legal separation-
If from the evidence at the hearing, the court finds that there are irreconcilable differences, which have caused the
irremediable breakdown of the marriage, it shall order the dissolution of the marriage or a legal separation. If it appears
that there is a reasonable possibility of reconciliation, the court shall continue the proceeding for a period not to exceed
thirty days. During the period of the continuance, the court may enter any order for the support and maintenance of the
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parties, the custody, support, maintenance, and education of the
minor children of the marriage, attorney fees, and for the preservation of the property of the parties.
At any time after the termination of the thirty-day period, either party may move for the dissolution of the marriage or
a legal separation, and the court may enter its judgment decreeing the dissolution or separation.
The court may not render a judgment decreeing the legal separation or divorce of the parties on the grounds of irreconcilable
differences without the consent of both parties unless one party has not made a general appearance.
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South Dakota code § 25-4-33.1. Automatic
temporary restraining order upon service--Modification or revocation
Upon the filing of a summons and complaint for divorce or separate maintenance by the plaintiff, and upon personal service
of the summons and complaint on the defendant, a temporary restraining order shall be in effect against both parties until
the final decree is entered, the complaint dismissed, or until further order of the court:
(1) Restraining both parties from transferring, encumbering, concealing, or in any way
dissipating or disposing of any marital assets, without the written consent of the other party or an order of the court,
except as may be necessary in the usual course of business or for the necessities of life, and requiring each party to notify
the other party of any proposed
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extraordinary expenditures and to account to the court for all extraordinary expenditures made after the temporary restraining order is in effect;
(2) Restraining both parties from molesting or disturbing the peace of the other party;
and
(3) Restraining both parties from removing any minor child of the parties from the state
without the written consent of the other party or an order of the court.
The provisions of the temporary restraining order shall be printed upon the summons and shall
become an order of the court upon fulfillment of the requirements of service. However, nothing in this paragraph precludes
either party from applying to the court for any further relief or for the modification or revocation of any order.
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South Dakota code § 25-4-44. Division
of property between parties. Divorce settlement
When a divorce is granted, the courts may make an equitable division of the property belonging to either or both, whether
the title to such property is in the name of the husband or the wife. In making such division of the property, the court
shall have regard for equity and the circumstances of the parties.
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South Dakota code § 25-4-45. Child
custody provisions--Modification--Preference of child.
In an action for divorce, the court may, before or after judgment, give such direction for the custody, care, and education
of the children of the marriage as may seem necessary or proper, and may at any time vacate or modify the same. In awarding
the custody of a child, the court shall be guided by consideration of what appears to be for the best interests of the child
in respect to the child's temporal and mental and moral welfare. If
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the child is of a sufficient age to form an intelligent
preference, the court may consider that preference in determining the question. As between parents adversely claiming the
custody, neither parent may be given preference over the other in determining custody.
South Dakota divorce statutes 25-4-45.1. Fault not considered in awarding property
or child custody--Exceptions. Fault shall not be taken into account with regard to the awarding of property or the awarding
of child custody, except as it may be relevant to the acquisition of property during the marriage or to the fitness of either
parent in awarding the custody of children.
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South Dakota code § 25-4-52. Visitation
rights for grandparents--Enforcement by circuit court.
The circuit court may grant grandparents reasonable rights of visitation with their grandchild, with or without petition
by the grandparents, if the visitation is in the best interests of the grandchild and:
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(1) If the visitation will not
significantly interfere with the parent- child relationship; or
(2) If
the parent or custodian of the grandchild has denied or prevented the grandparent reasonable opportunity to visit the grandchild.
The circuit court shall issue any orders necessary to enforce or to protect visitation rights
granted pursuant to this section.
As used in this section, the term grandparents includes great-grandparents. |
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South Dakota code § 25-4-56. Custody
and visitation
In any custody or visitation dispute between parents, the court shall order mediation to assist the parties in formulating
or modifying a plan, or in implementing a plan, for custody or visitation and shall allocate the cost of the mediation between
the parties. However, mediation shall not be ordered if:
(1) One of the parents has been convicted of domestic abuse as defined in subdivision
25-10-1(1); or
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(2) One of the parents has been
convicted of assault against a person as defined in subdivision 25-10-1(2), except against any person related by consanguinity,
but not living in the same household; or
(3) One of the parents has a history
of domestic abuse; or
(4) Mediation is not readily available or the court determines that mediation is not appropriate
based on the facts and circumstances of the case.
The court may also direct that an investigation be conducted to assist the court in making a custody or visitation determination
and shall allocate the costs of such investigation between the parties. A history of domestic abuse may only be proven by
greater convincing force of the evidence. |
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