GROUNDS FOR DIVORCE: NO-FAULT or FAULT ?
The no-fault ground for divorce usually used with these documents is “Irretrievable Breakdown of the marriage and that further attempts at reconciliation are impractical or futile and not in the best interests of the parties or family". Most clients use this ground since it does not require proof at the final hearing.
A full list of the fault grounds that are available for a
divorce filed in South Dakota are as follows: (Requires proof or the case can be
(1) In favor of either party, when the other was, at the time of the marriage physically and incurably incapacitated from entering into the marriage state.
(2) For adultery.
(3) For voluntary abandonment from bed and board for one year next preceding the filing of the complaint.
(4) Imprisonment in the penitentiary of this or any other state for two years, the sentence being for seven years or longer.
(5) The commission of the crime against nature, whether with mankind or beast, either before or after marriage.
(6) For becoming addicted after marriage to habitual drunkenness or to habitual use of opium, morphine, cocaine or other like drug.
(7) Upon application of either the husband or wife, when the court is satisfied from all the testimony in the case that there exists such a complete incompatibility of temperament that the parties can no longer live together.
(8) In favor of either party, when the other, after marriage, shall have been confined in a mental hospital for a period of five successive years, if such party from whom a divorce is sought is hopelessly and incurably insane at the time of the filing of the complaint; provided, however, that the superintendent of the mental hospital in which such person is confined shall make a certified statement, under oath, that it is his opinion and belief, after a complete and full study and examination of such person, that such person is hopelessly and incurably insane.
(9) In favor of the husband, when the wife was pregnant at the time of marriage, without his knowledge or agency.
(10) In favor of either party to the marriage when the other has committed actual violence on his or her person, attended with danger to life or health, or when from his or her conduct there is reasonable apprehension of such violence.
(11) In favor of the wife when the wife has lived, or shall have lived separate and apart from the bed and board of the husband for two years and without support from him for two years next preceding the filing of the complaint, and she has bona fide resided in this state during said period.
When a judgment of divorce is entered, in effect, it is awarded to both parties to the marriage.