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 […]
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. […]
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).
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).
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).
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 […]
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.
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.
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.
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.
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 […]
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 […]
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.
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. […]
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.
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.
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.
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.
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 […]
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 […]
