reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 02 - Rights And Obligations Of Marriage › Section 25-2-16 - Definitions.

25-2-16. Definitions.
Terms as used in §§25-2-16 to 25-2-25, inclusive, mean:
(1)"Premarital agreement," an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage;
(2)"Property," any interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings.
Source:
SL 1989, ch 216, §1.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 02 - Rights And Obligations Of Marriage › Section 25-2-18 - Content.

25-2-18. Content.
(a) Parties to a premarital agreement may contract with respect to:
(1)The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located;
(2)The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property;
(3)The disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event;
(4)The making of a will, trust, or other arrangement to carry out the provisions of the agreement;
(5)The ownership rights in and disposition of the death benefit from a life insurance policy;
(6)The choice of law governing the construction of the agreement; and
(7)Any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty.
(b) The right of a child to support may not be adversely affected by a premarital agreement.
Source:
SL 1989, ch 216, §3.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 02 - Rights And Obligations Of Marriage › Section 25-2-20 - Amendment--Revocation.

25-2-20. Amendment--Revocation.
After marriage, a premarital agreement may be amended or revoked only by a written agreement signed by the parties. The amended agreement or the revocation is enforceable without consideration.
Source:
SL 1989, ch 216, §5.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 02 - Rights And Obligations Of Marriage › Section 25-2-21 - Enforcement.

25-2-21. Enforcement.
(a) A premarital agreement is not enforceable if the party against whom enforcement is sought proves that:
(1)That party did not execute the agreement voluntarily; or
(2)The agreement was unconscionable when it was executed and, before execution of the agreement, that party:
(i)Was not provided a fair and reasonable disclosure of the property or financial obligations of the other party;
(ii)Did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and
(iii)Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.
(b) An issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law.
Source:
SL 1989, ch 216, §6.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 02 - Rights And Obligations Of Marriage › Section 25-2-22 - Enforcement--Void marriage.

25-2-22. Enforcement--Void marriage.
If a marriage is determined to be void, an agreement that would otherwise have been a premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.
Source:
SL 1989, ch 216, §7.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 02 - Rights And Obligations Of Marriage › Section 25-2-23 - Limitation of actions.

25-2-23. Limitation of actions.
Any statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled during the marriage of the parties to the agreement. However, equitable defenses limiting the time for enforcement, including laches and estoppel, are available to either party.
Source:
SL 1989, ch 216, §8.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 02 - Rights And Obligations Of Marriage › Section 25-2-24 - Application and construction.

25-2-24. Application and construction.
Sections 25-2-16 to 25-2-25, inclusive, shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of the Uniform Premarital Agreement Act among states enacting it.
Source:
SL 1989, ch 216, §9.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 02 - Rights And Obligations Of Marriage › Section 25-2-25 - Short title.

25-2-25. Short title.
Sections 25-2-16 to 25-2-25, inclusive, may be cited as the Uniform Premarital Agreement Act.
Source:
SL 1989, ch 216, §10.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 03 - Annulment Of Marriage › Section 25-3-1 - Former marriage as ground--Party bringing action--Time of action.

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.
Source:
SDC 1939, §§14.0601 (2), 14.0602 (2).
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 03 - Annulment Of Marriage › Section 25-3-2 - Unsound mind as ground--Party bringing action--Time of action.

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.
Source:
SDC 1939, §§14.0601 (3), 14.0602 (3).
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 03 - Annulment Of Marriage › Section 25-3-3 - Legitimacy of children after annulment for former marriage or mental illness.

25-3-3. Legitimacy of children after annulment for former marriage or mental illness.
Where the marriage is annulled on the ground that a former husband or wife was living, or on the ground of mental illness, children begotten before the judgment are legitimate and succeed to the estate of both parents.
Source:
SDC 1939, §14.0603.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 03 - Annulment Of Marriage › Section 25-3-4 - Annulment of underage marriage--Party bringing action--Time of action.

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 decree of nullity of marriage for causes mentioned in 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.
Source:
SDC 1939, §§14.0601 (1), 14.0602 (1).
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 03 - Annulment Of Marriage › Section 25-3-5 - Forced consent as ground--Party bringing action--Time of action.

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.
Source:
SDC 1939, §§14.0601 (5), 14.0602 (5).
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 03 - Annulment Of Marriage › Section 25-3-6 - Fraud as ground--Party bringing action--Time of action.

25-3-6. Fraud 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 fraud, unless such party afterwards, with full knowledge of the facts constituting the fraud, 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, within four years after the discovery of the facts constituting the fraud.
Source:
SDC 1939, §§14.0601 (4), 14.0602 (4).
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 03 - Annulment Of Marriage › Section 25-3-8 - Physical incapacity as ground for annulment--Party bringing action--Time of action.

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.
Source:
SDC 1939, §§14.0601 (6), 14.0602 (6).
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 03 - Annulment Of Marriage › Section 25-3-9 - Parties bound by annulment.

25-3-9. Parties bound by annulment.
A judgment of nullity of marriage is conclusive only as against the parties to the action and those claiming under them.
Source:
SDC 1939, §14.0605.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 03 - Annulment Of Marriage › Section 25-3-10 - Provision for maintenance--Vacation or modification.

25-3-10. Provision for maintenance--Vacation or modification.
When an annulment is granted pursuant to this chapter, the court may provide for such maintenance of a former spouse as the court may deem just and may, at any time, vacate or modify such maintenance.
Source:
SL 1978, ch 189, §1.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 03 - Annulment Of Marriage › Section 25-3-11 - Provisions for child custody and support--Vacation or modification.

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.
Source:
SDC 1939, §14.0604; SDCL, §25-3-7; SL 1978, ch 189, §2.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 03 - Annulment Of Marriage › Section 25-3-12 - Report to Department of Health on annulments.

25-3-12. Report to Department of Health on annulments.
The clerk of court in every county shall report information of each annulment of marriage filed in the office of the clerk of court, on forms prescribed and furnished by the Department of Health and approved by the state court administrator of the Unified Judicial System. The forms shall be mailed or delivered to the South Dakota Department of Health within forty days after the entry of the final order or decree of the circuit court.
Source:
SL 1978, ch 188.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 04 - Divorce And Separate Maintenance › Section 25-4-1 - Marriage dissolved only by death or divorce--Status of parties after divorce.

25-4-1. Marriage dissolved only by death or divorce--Status of parties after divorce.
Marriage is dissolved only:
(1)By the death of one of the parties; or
(2)By the judgment of a court of competent jurisdiction decreeing a divorce of the parties. The effect of such judgment is to restore the parties to the state of unmarried persons.
Source:
SDC 1939, §14.0701.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 04 - Divorce And Separate Maintenance › Section 25-4-2 - Grounds for divorce.

25-4-2. Grounds for divorce.
Divorces may be granted for any of the following causes:
(1)Adultery;
(2)Extreme cruelty;
(3)Willful desertion;
(4)Willful neglect;
(5)Habitual intemperance;
(6)Conviction of felony;
(7)Irreconcilable differences.
Source:
SDC 1939, §14.0703 (1) to (6); SL 1985, ch 207, §3.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 04 - Divorce And Separate Maintenance › Section 25-4-3 - Adultery defined.

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.
The effective date of this section is July 1, 1984.
Source:
SDC 1939, §14.0704; repealed SL 1976, ch 158, §22-8; re-enacted SL 1984, ch 12, §38; SL 1985, ch 15, §36.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 04 - Divorce And Separate Maintenance › Section 25-4-4 - Extreme cruelty defined.

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.
Source:
SDC 1939, §14.0708.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 04 - Divorce And Separate Maintenance › Section 25-4-5 - Willful desertion defined--Special conditions applicable.

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.
The special conditions or circumstances set forth in §§25-4-8 to 25-4-14, inclusive, shall also apply in establishing desertion under the provisions of this title.
Source:
SDC 1939, §14.0709.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 04 - Divorce And Separate Maintenance › Section 25-4-8 - Refusal of intercourse as desertion--Refusal to live together.

25-4-8. Refusal of intercourse as desertion--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.
Source:
SDC 1939, §14.0709 (1).
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 04 - Divorce And Separate Maintenance › Section 25-4-9 - Desertion by departure during absence of spouse induced by fraud.

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.
Source:
SDC 1939, §14.0709 (2).
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 04 - Divorce And Separate Maintenance › Section 25-4-10 - Desertion by cruelty or threats causing departure of spouse.

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.
Source:
SDC 1939, §14.0709 (3).
2023 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).
2023 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).
2023 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).
2023 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).
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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).
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 04 - Divorce And Separate Maintenance › Section 25-4-45 - Child custody provisions--Modification--Preference of child.

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 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.
Source:
SDC 1939, §14.0724; SL 1994, ch 192.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 04 - Divorce And Separate Maintenance › Section 25-4-45.1 - Fault not considered in awarding property or child custody--Exceptions.

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.
Source:
SL 1976, ch 165.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 04 - Divorce And Separate Maintenance › Section 25-4-45.2 - Intervention by attorney general or state's attorney when support assigned to state.

25-4-45.2. Intervention by attorney general or state's attorney when support assigned to state.
In all cases where child support has been assigned to the state, the attorney general or the state's attorney shall have the right to intervene pursuant to §15-6-24(a) in ongoing divorce actions to obtain child support, or to petition the court to modify existing court orders for child support.
Source:
SDCL, §25-4-45 as added by SL 1977, ch 203, §2.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 04 - Divorce And Separate Maintenance › Section 25-4-45.3 - Adoption of fee schedule for home studies or investigations ordered by court in custody proceedings.

25-4-45.3. Adoption of fee schedule for home studies or investigations ordered by court in custody proceedings.
The secretary of social services may, pursuant to chapter 1-26, adopt a schedule of fees for home studies or investigations ordered by the court in custody proceedings. The fees may not exceed actual costs and shall be based on the ability of the parties involved to pay for the home studies or investigations. The fees so adopted shall apply only to custody issues relating to or resulting from divorce or separate maintenance proceedings and shall not impose any fee or charges against the Unified Judicial System.
Source:
SL 1987, ch 188.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 04 - Divorce And Separate Maintenance › Section 25-4-45.4 - Counsel appointed for child in certain divorce or custody proceedings--Duty of counsel--Assistance--Costs.

25-4-45.4. Counsel appointed for child in certain divorce or custody proceedings--Duty of counsel--Assistance--Costs.
Notwithstanding the provisions of §26-7A-31, if the court determines mediation as provided in §25-4-56 is not feasible the court may appoint counsel for any child involved in any divorce or custody proceeding, in which the child is alleged to be neglected or abused, or if a parent, guardian, or custodian request counsel be appointed in such proceeding and if the court determines that it is in the best interest of the child to have counsel appointed for the child. The counsel shall be charged with representation of the child's best interests and may not be counsel for any other party involved. The court may designate other persons who may or may not be attorneys to assist in the performance of the counsel's duties. The court shall allocate the cost of the appointed counsel between the parents, guardian, or custodian of the child.
Source:
SL 1990, ch 199; SDCL, §26-10-17.1.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 04 - Divorce And Separate Maintenance › Section 25-4-45.5 - Consideration of domestic abuse and assault conviction in custody award.

25-4-45.5. Consideration of domestic abuse and assault conviction in custody award.
In awarding custody involving a minor, the court shall consider:
(1)A conviction of domestic abuse as defined in subdivision 25-10-1(1); or
(2)A conviction 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)A history of domestic abuse.
The conviction or history of domestic abuse creates a rebuttable presumption that awarding custody to the abusive parent is not in the best interest of the minor. A history of domestic abuse may only be proven by greater convincing force of the evidence.
Source:
SL 1997, ch 156, §1; SL 2008, ch 122, §1.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 04 - Divorce And Separate Maintenance › Section 25-4-45.6 - Consideration of conviction for death of other parent in custody award.

25-4-45.6. Consideration of conviction for death of other parent in custody award.
In awarding custody or granting rights of visitation involving a minor, the court shall consider a conviction, excluding vehicular homicide, of a parent for the death of the other parent. A conviction for the death of the other parent creates a rebuttable presumption that awarding custody or granting visitation to the convicted parent is not in the best interests of the minor.
Source:
SL 1997, ch 156, §2.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 04 - Divorce And Separate Maintenance › Section 25-4-45.7 - Protective orders and arrest reports considered in determining existence of history of domestic abuse.

25-4-45.7. Protective orders and arrest reports considered in determining existence of history of domestic abuse.
For purposes of this chapter, in determining whether a history of domestic abuse exists, the court's consideration may include the issuance of a protection order against a parent or any arrest report of a parent following the response of law enforcement to a report of domestic abuse as defined in subdivision 25-10-1(1).
Source:
SL 2008, ch 122, §2.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 04 - Divorce And Separate Maintenance › Section 25-4-45.8 - Consideration of reporting abuse falsely or without good cause in custody award.

25-4-45.8. Consideration of reporting abuse falsely or without good cause in custody award.
In determining what is in the best interest of any particular child, the court shall consider whether the person whose conduct is under review has ever attempted to influence a child custody hearing by, falsely or without good cause, reporting pursuant to chapter 26-8A that some other person has committed sexual abuse, physical abuse, or abuse and neglect against the child or a sibling of the child. Nothing in this section effects the confidentiality of records and files relating to reports of child abuse or neglect maintained by the Department of Social Services pursuant to chapter 26-8A.
Source:
SL 2010, ch 137, §1.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 04 - Divorce And Separate Maintenance › Section 25-4-46 - Alimony, support, property, and child custody provisions subject to review on appeal.

25-4-46. Alimony, support, property, and child custody provisions subject to review on appeal.
The disposition of the homestead by the court, and all orders and decrees touching the alimony and maintenance of a spouse, and for the custody, education, and support of the children as above provided are subject to revision on appeal in all particulars, including those which are stated to be in the discretion of the court.
Source:
SDC 1939, §14.0728; SL 1979, ch 165, §5.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 04 - Divorce And Separate Maintenance › Section 25-4-47 - Restoration of former name to wife--Validation of prior decrees.

25-4-47. Restoration of former name to wife--Validation of prior decrees.
Whenever a decree of divorce is granted, the trial court may, in its discretion or upon the application of either party by the terms of the decree, restore to the woman her maiden name or the name she legally bore prior to her marriage to the husband in the divorce suit. All decrees of divorce previously entered restoring to the divorced woman her former name under this section are declared legal and valid and effective from their date of entry.
Source:
SDC 1939, §14.0702; SL 1983, ch 205.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 04 - Divorce And Separate Maintenance › Section 25-4-51 - Report of divorces to department of health.

25-4-51. Report of divorces to department of health.
The clerk of court in every county shall report information of each dissolution of marriage or divorce filed in the office of the clerk of court, on forms prescribed and furnished by the Department of Health and approved by the state court administrator of the Unified Judicial System. The forms shall be mailed or delivered to the South Dakota Department of Health within forty days after the entry of the final order or decree of the circuit court.
Source:
SL 1978, ch 188.