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South Dakota Legal Requirements for Divorce


Explanation of Chart and More Information on Requirements for Divorce

Code Section25-4-2, et seq.
Residency RequirementsPlaintiff, at time action is commenced, must be a resident.
Waiting PeriodAction for divorce not heard for 60 days from completed service of plaintiff's summons. (Court can continue for 30 day if reconciliation possible)
'No Fault' Grounds for DivorceIrreconcilable differences.
Defenses to a Divorce FilingConnivance; collusion; condonation; limitation or lapse of time.
Other Grounds for DivorceAdultery; extreme cruelty; willful desertion or neglect; habitual intemperance; conviction of felony; irreconcilable differences

Note: State laws are constantly changing -- contact an attorney or conduct your own legal research to verify the state law(s) you are researching.

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