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Grounds for Divorce in 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.
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)
Copyright Notice: The above synopsis of South Dakota grounds for divorce is original material which is owned an copyrighted by Divorce Source, Inc. This material has been adapted from applicable state laws and unauthorized reproduction is prohibited. Violation of this notice will result in immediate legal action.
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. You can also learn more about the grounds for divorce in other states.
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