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South Dakota Divorce Laws

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South Dakota Family Law Code.

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Selected South Dakota Family Code Statutes

  • 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.

  • 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.

  • 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.

  • 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.

    Last Updated: 10-13-08

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