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Grounds for Divorce: South Dakota
Each state has unique grounds in which a divorce may be granted by the court. When choosing the grounds for your divorce, you should always remember that you must have sufficient proof to the court that your marital situation warrants a divorce by the grounds you are requesting the divorce to be granted.
Grounds for Filing: The Complaint for Divorce must declare the appropriate South Dakota grounds upon which the divorce is being sought. The appropriate lawful ground will be that which the parties agree upon and can substantiate, or that which the filing spouse desires to prove to the court. The divorce grounds are as follows:
No-Fault:
(1) Irreconcilable differences.
Fault:
(1) Adultery;
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.
(2) Extreme cruelty;
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.
(3) Willful desertion;
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.
(4) Willful neglect;
(5) Habitual intemperance;
(6) Conviction of felony;
(South Dakota Laws - Volume 9A - Title 25 - Chapters: 25-4-2, 25-4-17, 25-4-18)
If you do not fall under any of the above mentioned grounds for divorce/dissolution, you most likely should consider trying to save your marriage. Many spouses find that they do not meet the requirements of a waiting period, which can be very frustrating, but it is these waiting periods that are in effect in order to help prevent rash decisions to terminate a marriage.
Related Divorce Resources:
- Start Your South Dakota Divorce Today (5 Great Options!)
- Locate a South Dakota Divorce Professional Near You
- Read More About South Dakota Divorce Laws
South Dakota Online Divorce Products and Services:
South Dakota Premium Online Divorce Service
South Dakota Premium Online Agreement Service
South Dakota Premium Online Parenting Plan Service
South Dakota Premium Online QDRO Preparation
South Dakota Premium Online Will Service
South Dakota Divorce Forms & Downloadable Software
South Dakota Divorce Response/Answer Forms Software
South Dakota Grandparent's Rights Manual
South Dakota Divorce & Financial Checklist
South Dakota Divorce Guidebook with Forms
South Dakota Child Support Calculation Report
South Dakota Pension Valuation Report
South Dakota Prepared Divorce Forms & Instructions
South Dakota Separation Agreements
South Dakota Parenting Agreements
South Dakota On-line Parenting Education Class
South Dakota School Evaluations for Custody Cases
South Dakota Divorce, Marriage, & Birth Certificates
South Dakota Name Change Notification Kit
South Dakota Wills for the Divorcing
South Dakota Custody/Visitation/Support Modification Forms
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Copyright 1999 Daniel Sitarz - Unauthorized reproduction is prohibited
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