§ 25-4-1 Marriage dissolved only by death or divorce–Status of parties after divorce
§ 25-4-2 Grounds for divorce
§ 25-4-3 Adultery defined
§ 25-4-4 Extreme cruelty defined
§ 25-4-5 Willful desertion defined–Special conditions applicable
§ 25-4-8 Refusal of intercourse as desertion–Refusal to live together
§ 25-4-9 Desertion by departure during absence of spouse induced by fraud
§ 25-4-10 Desertion by cruelty or threats causing departure of spouse
§ 25-4-11 Separation by consent not desertion
§ 25-4-12 Intent to desert formed during proper absence
§ 25-4-13 Desertion by refusal of reconciliation after separation
§ 25-4-14 Offer to return curing desertion–Refusal of offer as desertion
§ 25-4-15 Willful neglect defined
§ 25-4-16 Habitual intemperance defined
§ 25-4-17 Continuous period of desertion, neglect, or intemperance required
§ 25-4-17.1 Irreconcilable differences defined
§ 25-4-17.2 Dissolution of marriage–Legal separation–Continuance–Orders during continuance–Consent of parties
§ 25-4-17.3 Use of affidavits to establish jurisdiction and grounds for divorce
§ 25-4-17.4 Validation of divorce granted without personal appearance
§ 25-4-18 Chronic mental illness as discretionary ground
§ 25-4-19 Grounds for denial of divorce
§ 25-4-20 Connivance defined
§ 25-4-21 Collusion defined
§ 25-4-22 Condonation defined–Required elements
§ 25-4-23 Condonation not implied by endurance of continuing conduct constituting ground for divorce
§ 25-4-24 Fraudulent concealment of ground of divorce avoiding condonation
§ 25-4-25 Conjugal kindness as condition subsequent to condonation
§ 25-4-26 Revocation of condonation and revival of ground for divorce
§ 25-4-30 Residence requirements for divorce or separate maintenance
§ 25-4-30.1 Venue of action–Change by defendant
§ 25-4-33 No presumption as to same domicile of parties–Separate domiciles after separation
§ 25-4-33.1 Automatic temporary restraining order upon service
§ 25-4-34 Waiting period before trial of divorce and separate maintenance actions–Temporary orders and preliminary proceedings during waiting period
§ 25-4-34.1 Validation of prior decrees granted on sixtieth day–Deadline for contesting validity
§ 25-4-35 Validity of proceedings on service by publication under prior law
§ 25-4-38 Alimony pending action
§ 25-4-39 Separate maintenance granted on denial of divorce
§ 25-4-40 Action for separate maintenance without divorce–Alimony and support
§ 25-4-41 Allowance for support when divorce granted
§ 25-4-42 Security for payments required of spouse–Receivership–Allowance withheld when recipient’s estate sufficient
§ 25-4-44 Division of property between parties
§ 25-4-45 Child custody provisions–Modification–Preference of child
§ 25-4-45.1 Fault not considered in awarding property or child custody–Exceptions
§ 25-4-45.2 Intervention by attorney general or state’s attorney when support assigned to state
§ 25-4-45.3 Adoption of fee schedule for home studies or investigations ordered by court in custody proceedings
§ 25-4-45.4 Counsel appointed for child in certain divorce or custody proceedings–Duty of counsel–Assistance–Costs
§ 25-4-45.5 Consideration of domestic abuse and assault conviction in custody award
§ 25-4-45.6 Consideration of conviction for death of other parent in custody award
§ 25-4-45.7 Protective orders and arrest reports considered in determining existence of history of domestic abuse
§ 25-4-45.8 Consideration of reporting abuse falsely or without good cause in custody award
§ 25-4-46 Alimony, support, property, and child custody provisions subject to review on appeal
§ 25-4-47 Restoration of former name to wife–Validation of prior decrees
§ 25-4-51 Report of divorces to department of health
§ 25-4-52 Visitation rights for grandparents–Enforcement by circuit court
§ 25-4-54 Visitation rights of grandparents–Child placed for adoption
§ 25-4-55 Exclusion of child from custody proceedings
§ 25-4-56 Custody and visitation disputes–Mediation order–Exceptions–Investigation–Allocation of costs
§ 25-4-57 Court appointment of mediator
§ 25-4-58 Adoption of court rules establishing minimum qualifications of mediator
§ 25-4-58.1 Minimum qualifications for family court mediators
§ 25-4-58.2 Conduct of Family Court Mediators
§ 25-4-59 Privacy of mediation proceedings
§ 25-4-60 Confidentiality of mediation communications and mediator’s work product
§ 25-4-61 Written mediated agreement–Signing–Court approval
§ 25-4-62 Recommendation by mediator to court upon parties’ failure to agree
§ 25-4-63 Custody and visitation disputes–Appointment of parenting coordinator
§ 25-4-64 Parenting coordinator appointment at party request or on court’s own motion
§ 25-4-65 Qualifications of parenting coordinator
§ 25-4-66 Appointment upon consent of parties
§ 25-4-67 Parenting coordinator application form
§ 25-4-68 Term of parenting coordinator–Resignation–Discharge
§ 25-4-69 Parenting coordinator fees and costs
§ 25-4-70 Duties of parenting coordinator
§ 25-4-71 Attorney and parenting coordinator fees related to motion
§ 25-4-72 Authority of court
§ 25-4-73 Standards of conduct for parenting coordinators
§ 25-4-74 Communications with parenting coordinator not confidential
§ 25-4-75 Motion to reopen case to divide assets omitted from property division
§ 25-4-76 Equitable division of inadvertently omitted assets
§ 25-4-77 Remedies for intentional concealment of omitted assets
§ 25-4-78 Attorneys fees for motion for omitted assets
§ 25-4-79 Jurisdiction over motions for omitted assets when court of this state entered original decree
§ 25-4-80 Jurisdiction over motions for omitted assets when court of another state entered original decree
§ 25-4-81 Time for filing motion for inadvertently omitted assets
§ 25-4-82 Time for filing motion for intentional concealment of assets
§ 25-4-83 Nonexclusive remedies
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Terms Used In South Dakota Codified Laws > Title 25 > Chapter 4 - Divorce and Separate Maintenance

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Children: includes children by birth and by adoption. See South Dakota Codified Laws 2-14-2
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fraud: Intentional deception resulting in injury to another.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2