The Brookings register. [volume] (Brookings, Brookings County, S.D.) 1903-1971, 1908-11-12
DIVORCE LAW CARRIES.
New Law Extending the Residence
Term is Sustained by the Voters.

In the referendum of last Tuesday
the people of South Uakota voted
overwhelmingly to end South Dako-
ta's divorce mill. After the state can
vassing board meets at Pierre the
first week of * month and announc-
es officially that the new law has been
approved, it will no longer be possible
for disconnected husbands or wives
to come to South Ipkota and, by
spending six months, obtain in a Sc
cret hearing freedom and the right to
remarry.
The statute approved last Tuesday,
which will change the destinies or
families throughout the United States
and pal to an end an industry worth
100000 a year to Sioux Falls, con
tains but five short sections, $50
words in all,
The first section provides that the
plaintiff in IN action for divorce must
have been an actuai resident, in good
faith, of this state for II year, and
of the county wherein action for di.
vorce is commenced for three months
next preceding the suit. Under the
present law a divorce action may be
begun after a residence of six months,
the period required for citizenship. and
SUIT may be filed in any county at
the convenience or desire of the plain
tiff. Thus it is a favorite trick of
Sioux Falls lawyers representing
clients who are avoiding publicity, to
bring their cases in one county, have
a hearing in another of the circuit
and obtain the decree in a third. Thus
newspaper pursuit is almost invariably
cast off. Under the new law, this
practice will be impossible.
The second section merely reserves
to persons married in the state and
residing in it, the right to sue for
divorce at any time.
Under section three, all hearings of
divorce cases, except those relating to
alimony or the granting Of an inter
locutCry decree, must be held at the
regular term of court. This not only
provides publicity. a thing abhorred
by all the ~"colonists,' but it often
means that more than a years resi-
dence would be needed, as the expira-
ton of the required year might occur
in a recess of the courts.
The only remaining section of the
new law says hat if the cause o.
action arises in the state, then action
may be commenced at any time after
the plaintiff has lived here for six
months.
This portion of the law, some Sioux
Falls divorce lawyers assert, opens the
way to a continuation of at least a
part of the divorce traffic. For exam
pie, Attorney J. M. Donovan says:
AS 80 per cent of those who come
10 South Dakota for a divorce have
agreed with the matrimonial spouse,
in advance, that one shall come to
this state and procure a dissolution of
the marriage, which the other will not
oppose, all such persons will have to
do under the new law, to commence
the action i'm six months, as at pres
ent, 1t to- both to come to the state
instead of one and separate, one re-
naming and the other returning"
This is unquestionably true, but it
is contended on the other side that
a great many divorces which are not
opposed, would not be asked when 1t
is necessary for both parties to come
to the state and commit an undeniable
act of collision, which, under the
South Dakota law, is ground for a
denial Of divorce.