reglab/housing_qa huggingface dataset:
SD Codified L § 25-4-11 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04 - Divorce And Separate Maintenance|Section 25-4-11 - Separation by consent not desertion.

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. Source: SDC 1939, §14.0709 (4).
SD Codified L § 25-4-12 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04 - Divorce And Separate Maintenance|Section 25-4-12 - Intent to desert formed during proper absence.

25-4-12. Intent to desert formed during proper absence.Absence or separation proper in itself becomes a desertion whenever the intent to desert is fixed during such absence or separation. Source: SDC 1939, §14.0709 (5).
SD Codified L § 25-4-13 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04 - Divorce And Separate Maintenance|Section 25-4-13 - Desertion by refusal of reconciliation after separation.

25-4-13. Desertion by refusal of reconciliation after separation.Consent to a separation is a revocable act and if one of the parties afterwards in good faith seeks a reconciliation and restoration, but the other refuses it, such refusal is desertion. Source: SDC 1939, §14.0709 (6).
SD Codified L § 25-4-14 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04 - Divorce And Separate Maintenance|Section 25-4-14 - Offer to return curing desertion--Refusal of offer as desertion.

25-4-14. Offer to return curing desertion--Refusal of offer as desertion.If one party deserts the other and, before the expiration of the statutory period required to make the desertion a cause of divorce, returns and offers in good faith to fulfill the marriage contract and solicits condonation, the desertion is cured. If the other party refuses such offer and condonation, the refusal shall be deemed and treated as desertion by such party from the time of the refusal. Source: SDC 1939, §14.0709 (7).
SD Codified L § 25-4-15 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04 - Divorce And Separate Maintenance|Section 25-4-15 - Willful neglect defined.

25-4-15. Willful neglect defined.Willful neglect is the neglect of a person to provide the common necessaries of life for his or her spouse, when having the ability to do so; or it is the failure to do so by reason of idleness, profligacy, or dissipation. Source: SDC 1939, §14.0710; SL 1984, ch 12, §45.
SD Codified L § 25-4-16 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04 - Divorce And Separate Maintenance|Section 25-4-16 - Habitual intemperance defined.

25-4-16. Habitual intemperance defined.Habitual intemperance is that degree of intemperance from the use of intoxicating drinks which disqualifies the person a great portion of the time from properly attending to business, or which would reasonably inflict a course of great mental anguish upon the innocent party. Source: SDC 1939, §14.0711.
SD Codified L § 25-4-17 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04 - Divorce And Separate Maintenance|Section 25-4-17 - Continuous period of desertion, neglect, or intemperance required.

25-4-17. Continuous period of desertion, neglect, or intemperance required.Willful desertion, willful neglect, or habitual intemperance must continue for one year before either is a ground for divorce. Source: SDC 1939, §14.0712.
SD Codified L § 25-4-17.1 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04 - Divorce And Separate Maintenance|Section 25-4-17.1 - Irreconcilable differences defined.

25-4-17.1. Irreconcilable differences defined.Irreconcilable differences are those grounds which are determined by the court to be substantial reasons for not continuing the marriage and which make it appear that the marriage should be dissolved. Source: SL 1985, ch 207, §1.
SD Codified L § 25-4-17.2 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04 - Divorce And Separate Maintenance|Section 25-4-17.2 - Dissolution of marriage--Legal separation--Continuance--Orders during continuance--Consent of parties.

25-4-17.2. Dissolution of marriage--Legal separation--Continuance--Orders during continuance--Consent of parties.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 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. Source: SL 1985, ch 207, §2; SL 1986, ch 213.
SD Codified L § 25-4-17.3 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04 - Divorce And Separate Maintenance|Section 25-4-17.3 - Use of affidavits to establish jurisdiction and grounds for divorce.

25-4-17.3. Use of affidavits to establish jurisdiction and grounds for divorce.In any action for divorce or separate maintenance in which the parties have consented to the use of irreconcilable differences, the court may grant the divorce based on the affidavits of the parties establishing the requisite jurisdiction and grounds for the divorce or separate maintenance action without requiring their personal appearance. Source: SL 1987, ch 187, §1.
SD Codified L § 25-4-17.4 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04 - Divorce And Separate Maintenance|Section 25-4-17.4 - Validation of divorce granted without personal appearance.

25-4-17.4. Validation of divorce granted without personal appearance.Any divorce or separate maintenance which has been granted without the personal appearance of a party is hereby legalized and validated. Source: SL 1987, ch 187, §2.
SD Codified L § 25-4-18 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04 - Divorce And Separate Maintenance|Section 25-4-18 - Chronic mental illness as discretionary ground.

25-4-18. Chronic mental illness as discretionary ground.In case of incurable, chronic mania or dementia of either spouse having existed for five years or more, while under confinement by order of a court of record or of the Board of Mental Illness as provided by law, the court may in its discretion grant a divorce. Source: SDC 1939, §14.0703 (7).
SD Codified L § 25-4-19 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04 - Divorce And Separate Maintenance|Section 25-4-19 - Grounds for denial of divorce.

25-4-19. Grounds for denial of divorce.Divorces must be denied upon showing:(1)Connivance;(2)Collusion;(3)Condonation; or(4)Limitation and lapse of time. Source: SDC 1939, §14.0713; SL 1973, ch 161.
SD Codified L § 25-4-20 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04 - Divorce And Separate Maintenance|Section 25-4-20 - Connivance defined.

25-4-20. Connivance defined.Connivance is the corrupt consent of one party to the commission of the acts of the other, constituting the cause of divorce. Corrupt consent is manifested by passive permission, with intent to connive at or actively procure the commission of the acts complained of. Source: SDC 1939, §14.0714.
SD Codified L § 25-4-21 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04 - Divorce And Separate Maintenance|Section 25-4-21 - Collusion defined.

25-4-21. Collusion defined.Collusion is an agreement between husband and wife that one of them shall commit or appear to have committed or to be represented in court as having committed acts constituting a cause of divorce, for the purpose of enabling the other to obtain a divorce. Source: SDC 1939, §14.0715.
SD Codified L § 25-4-22 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04 - Divorce And Separate Maintenance|Section 25-4-22 - Condonation defined--Required elements.

25-4-22. Condonation defined--Required elements.Condonation is the conditional forgiveness of a matrimonial offense constituting a cause of divorce.The following requirements are necessary to condonation:(1)A knowledge on the part of the condoner of the facts constituting the cause of divorce;(2)Reconciliation and remission of the offense by the injured party;(3)Restoration of the offending party to all marital rights. Source: SDC 1939, §14.0716.
SD Codified L § 25-4-23 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04 - Divorce And Separate Maintenance|Section 25-4-23 - Condonation not implied by endurance of continuing conduct constituting ground for divorce.

25-4-23. Condonation not implied by endurance of continuing conduct constituting ground for divorce.Where the cause of divorce consists of a course of offensive conduct, or arises in cases of cruelty from excessive acts of ill-treatment, which may aggregately constitute the offense, cohabitation, or passive endurance, or conjugal kindness shall not be evidence of condonation of any of the acts constituting such cause, unless accompanied by an express agreement to condone. In such cases, condonation can be made only after the cause of divorce has become complete, as to the acts complained of. Source: SDC 1939, §14.0716.
SD Codified L § 25-4-24 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04 - Divorce And Separate Maintenance|Section 25-4-24 - Fraudulent concealment of ground of divorce avoiding condonation.

25-4-24. Fraudulent concealment of ground of divorce avoiding condonation.A fraudulent concealment by the condonee of facts constituting a different cause of divorce from the one condoned, and existing at the time of condonation, avoids such condonation. Source: SDC 1939, §14.0716.
SD Codified L § 25-4-25 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04 - Divorce And Separate Maintenance|Section 25-4-25 - Conjugal kindness as condition subsequent to condonation.

25-4-25. Conjugal kindness as condition subsequent to condonation.Condonation implies a condition subsequent that the forgiving party must be treated with conjugal kindness. Source: SDC 1939, §14.0716.
SD Codified L § 25-4-26 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04 - Divorce And Separate Maintenance|Section 25-4-26 - Revocation of condonation and revival of ground for divorce.

25-4-26. Revocation of condonation and revival of ground for divorce.Condonation is revoked and the original cause of divorce revived:(1)When the condonee commits acts constituting a like or other cause of divorce; or(2)When the condonee is guilty of great conjugal unkindness, not amounting to a cause of divorce, but sufficiently habitual and gross to show that the conditions of condonation had not been accepted in good faith or not fulfilled. Source: SDC 1939, §14.0717.
SD Codified L § 25-4-30 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04 - Divorce And Separate Maintenance|Section 25-4-30 - Residence requirements for divorce or separate maintenance.

25-4-30. Residence requirements for divorce or separate maintenance.The plaintiff in an action for divorce or separate maintenance must, at the time the action is commenced, be a resident of this state, or be stationed in this state while a member of the armed services. Subsequently, the plaintiff need not maintain that residence or military presence to be entitled to the entry of a decree or judgment of divorce or separate maintenance. Source: SDC 1939, §14.0720; SL 1961, ch 53; SDCL §25-4-32; SL 1974, ch 174, §1; SL 2008, ch 121, §1.
SD Codified L § 25-4-30.1 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04 - Divorce And Separate Maintenance|Section 25-4-30.1 - Venue of action--Change by defendant.

25-4-30.1. Venue of action--Change by defendant.An action for divorce or separate maintenance may be commenced in the county of residence of either party, subject to the right of the defendant to have the place of trial changed to the county where the defendant resides. Source: SDC 1939, §14.0720; SDCL, §25-4-30; SL 1974, ch 174, §2.
SD Codified L § 25-4-33 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04 - Divorce And Separate Maintenance|Section 25-4-33 - No presumption as to same domicile of parties--Separate domiciles after separation.

25-4-33. No presumption as to same domicile of parties--Separate domiciles after separation.In actions for divorce there is no presumption of law that the domicile of either party is the domicile of the other. After separation each party may have a separate domicile, depending for proof upon actual residence, and not upon legal presumption. Source: SDC 1939, §14.0721.
SD Codified L § 25-4-33.1 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04 - Divorce And Separate Maintenance|Section 25-4-33.1 - Automatic temporary restraining order upon service.

25-4-33.1. Automatic temporary restraining order upon service.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 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; (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; and(4)Restraining both parties from making any changes to any insurance coverage for the parties or any child of the parties without the written consent of the other party or an order of the court unless the change under the applicable insurance coverage increases the benefits, adds additional property, persons, or perils to be covered, or is required by the insurer.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 section precludes either party from applying to the court for any further relief or for the modification or revocation of any order. Source: SL 1986, ch 212; SL 2011, ch 130, §1.
SD Codified L § 25-4-34 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04 - Divorce And Separate Maintenance|Section 25-4-34 - Waiting period before trial of divorce and separate maintenance actions--Temporary orders and preliminary proceedings during waiting period.

25-4-34. Waiting period before trial of divorce and separate maintenance actions--Temporary orders and preliminary proceedings during waiting period.An action for divorce or separate maintenance shall not be heard, tried, or determined by the court until at least sixty days have elapsed from the completed service of the plaintiff's summons and complaint therein. During said waiting period the court may issue all orders required to effectuate the purposes expressed in §§25-4-38 and 25-4-45 or to protect any of the parties to the action during the pendency thereof.This section shall not be construed to prohibit the taking of depositions, examination of parties before trial, the granting of orders respecting discovery, or proceedings to perpetuate testimony, prior to the hearing or trial of said action by the court.Nothing in this section shall operate to nullify any action or proceeding for divorce commenced prior to July 1, 1964, notwithstanding the fact that the final judgment or decree in such action or proceeding is entered therein after said date. Source: SL 1959, ch 232, §§1 to 3; SDC Supp 1960, §14.0729; SL 1964, ch 35, §§1, 2.
SD Codified L § 25-4-34.1 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04 - Divorce And Separate Maintenance|Section 25-4-34.1 - Validation of prior decrees granted on sixtieth day--Deadline for contesting validity.

25-4-34.1. Validation of prior decrees granted on sixtieth day--Deadline for contesting validity.All divorce decrees granted on the sixtieth day after service of the summons and complaint, on or before December 12, 1979, are hereby legalized, cured, and validated as if they were granted on the sixty-first day following service of the summons and complaint.Any person claiming that a divorce is not valid must have commenced action to adjudicate his or her claim on or before July 1, 1981. In case of his or her failure to do so by July 1, 1981, his or her right of action shall have expired and shall be barred. Source: SL 1980, ch 187.
SD Codified L § 25-4-35 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04 - Divorce And Separate Maintenance|Section 25-4-35 - Validity of proceedings on service by publication under prior law.

25-4-35. Validity of proceedings on service by publication under prior law.All actions or proceedings had before July 1, 1959, for divorce pursuant to chapter 179 of the Session Laws of 1957, and all actions or proceedings commenced pursuant thereto prior to said date, and completed thereafter by entry of judgment or decree therein, are hereby legalized, cured, and validated, notwithstanding that service of the summons therein was by publication or in any other manner provided by statute. Source: SL 1959, ch 232, §4; SDC Supp 1960, §65.0341.
SD Codified L § 25-4-38 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04 - Divorce And Separate Maintenance|Section 25-4-38 - Alimony pending action.

25-4-38. Alimony pending action.While an action for divorce is pending, the court may in its discretion require one spouse to pay as alimony any money necessary to support the other spouse or the children of the parties, or to prosecute or defend the action. Source: SDC 1939, §14.0725; SL 1979, ch 165, §1.
SD Codified L § 25-4-39 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04 - Divorce And Separate Maintenance|Section 25-4-39 - Separate maintenance granted on denial of divorce.

25-4-39. Separate maintenance granted on denial of divorce.Though judgment of divorce is denied, the court may in an action for divorce provide for maintenance of a spouse and the children of the parties, or any of them, by the other spouse. Source: SDC 1939, §14.0727; SL 1979, ch 165, §2.
SD Codified L § 25-4-40 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04 - Divorce And Separate Maintenance|Section 25-4-40 - Action for separate maintenance without divorce--Alimony and support.

25-4-40. Action for separate maintenance without divorce--Alimony and support.An action for separate maintenance may be maintained without request for divorce, upon any grounds which would be grounds for divorce, and in such cases the court shall have power to award temporary alimony, suit money, and permanent support for a spouse and the children of the parties, or any of them, by the other spouse. Source: SDC 1939, §14.0727; SL 1979, ch 165, §3.
SD Codified L § 25-4-41 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04 - Divorce And Separate Maintenance|Section 25-4-41 - Allowance for support when divorce granted.

25-4-41. Allowance for support when divorce granted.Where a divorce is granted, the court may compel one party to make such suitable allowance to the other party for support during the life of that other party or for a shorter period, as the court may deem just, having regard to the circumstances of the parties represented; and the court may from time to time modify its orders in these respects. Source: SDC 1939, §14.0726; SL 1977, ch 203, §1.
SD Codified L § 25-4-42 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04 - Divorce And Separate Maintenance|Section 25-4-42 - Security for payments required of spouse--Receivership--Allowance withheld when recipient's estate sufficient.

25-4-42. Security for payments required of spouse--Receivership--Allowance withheld when recipient's estate sufficient.The court may require a spouse to give reasonable security for providing maintenance, or making any payments required under the provisions of this chapter, and may enforce the same by the appointment of a receiver, or by any other remedy applicable to the case. But when a spouse has a separate estate sufficient to give that spouse proper support, the court in its discretion may withhold any allowance to that spouse out of the separate property of the other spouse. Source: SDC 1939, §14.0728; SL 1979, ch 165, §4.
SD Codified L § 25-4-43 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04 - Divorce And Separate Maintenance|Section 25-4-43 - Support payments through clerk of courts--Payment to social services when assignment made to state--Back support--Accounting.

25-4-43. Support payments through clerk of courts--Payment to social services when assignment made to state--Back support--Accounting.When a divorce is granted or a decree for separate maintenance entered or thereafter, and when the court has provided for the maintenance of the children of the marriage, all payments so required by the order of the court may by order of the court be paid to the clerk of courts in the amount and at the time specified in said order, and the clerk shall forthwith disburse the money so received to the party entitled thereto. Upon receipt of written notice of assignment of support obligations to the State of South Dakota the clerk of courts shall pay the support to the Department of Social Services rather than to a family as long as such assignment remains in existence. When the department has no authorization to receive the current support, the department shall notify the clerk to stop sending current support payments to the state. However, back support due and owing prior to termination of public assistance shall be paid to the state. Thereupon adequate accounting records showing receipts and disbursements shall be maintained by the clerk of courts, and the clerk of courts shall maintain a fact sheet in the original case file showing chronologically the date of receipts, dates of disbursements, and names of recipients. Source: SDC 1939, §14.0726 as added by SL 1963, ch 64; SL 1977, ch 204.
SD Codified L § 25-4-44 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 04 - Divorce And Separate Maintenance|Section 25-4-44 - Division of property between parties.

25-4-44. Division of property between parties.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. Source: SDC 1939, §14.0726; SL 1988, ch 203.