by admin | May 14, 2021 | Family Law, South Dakota
Habitual intemperance is that degree of intemperance from the use of intoxicating drinks which disqualifies the person a great portion of the time from properly attending to business, or which would reasonably inflict a course of great mental anguish upon the innocent...
by admin | May 14, 2021 | Family Law, South Dakota
Willful neglect is the neglect of a person to provide the common necessaries of life for his or her spouse, when having the ability to do so; or it is the failure to do so by reason of idleness, profligacy, or dissipation.SDCL 25-4-15 SDC 1939, § 14.0710; SL 1984, ch...
by admin | May 14, 2021 | Family Law, South Dakota
If one party deserts the other and, before the expiration of the statutory period required to make the desertion a cause of divorce, returns and offers in good faith to fulfill the marriage contract and solicits condonation, the desertion is cured. If the other party...
by admin | May 14, 2021 | Family Law, South Dakota
Consent to a separation is a revocable act and if one of the parties afterwards in good faith seeks a reconciliation and restoration, but the other refuses it, such refusal is desertion.SDCL 25-4-13 SDC 1939, § 14.0709 (6).
by admin | May 14, 2021 | Family Law, South Dakota
Absence or separation proper in itself becomes a desertion whenever the intent to desert is fixed during such absence or separation.SDCL 25-4-12 SDC 1939, § 14.0709 (5).
by admin | May 14, 2021 | Family Law, South Dakota
Separation by consent with or without the understanding that one of the parties will apply for a divorce is not desertion.SDCL 25-4-11 SDC 1939, § 14.0709 (4).
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