by admin | May 14, 2021 | Family Law, South Dakota
A fraudulent concealment by the condonee of facts constituting a different cause of divorce from the one condoned, and existing at the time of condonation, avoids such condonation.SDCL 25-4-24 SDC 1939, § 14.0716.
by admin | May 14, 2021 | Family Law, South Dakota
Where the cause of divorce consists of a course of offensive conduct, or arises in cases of cruelty from excessive acts of ill-treatment, which may aggregately constitute the offense, cohabitation, or passive endurance, or conjugal kindness shall not be evidence of...
by admin | May 14, 2021 | Family Law, South Dakota
Condonation is the conditional forgiveness of a matrimonial offense constituting a cause of divorce. The following requirements are necessary to condonation:(1) A knowledge on the part of the condoner of the facts constituting the cause of divorce;(2) Reconciliation...
by admin | May 14, 2021 | Family Law, South Dakota
Collusion is an agreement between husband and wife that one of them shall commit or appear to have committed or to be represented in court as having committed acts constituting a cause of divorce, for the purpose of enabling the other to obtain a divorce.SDCL 25-4-21...
by admin | May 14, 2021 | Family Law, South Dakota
Connivance is the corrupt consent of one party to the commission of the acts of the other, constituting the cause of divorce. Corrupt consent is manifested by passive permission, with intent to connive at or actively procure the commission of the acts complained...
by admin | May 14, 2021 | Family Law, South Dakota
Divorces must be denied upon showing:(1) Connivance;(2) Collusion;(3) Condonation; or(4) Limitation and lapse of time.SDCL 25-4-19 SDC 1939, § 14.0713; SL 1973, ch 161.
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