An Act to remove irreconcilable differences as a cause for divorce.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That 25-4-2 be AMENDED:
25-4-2.
Divorces
A
divorce may be
granted for
any of the following causes:
(1) Adultery;
(2) Extreme cruelty;
(3) Willful desertion;
(4) Willful neglect;
(5) Habitual intemperance; or
(6) Conviction of
felony;
(7) Irreconcilable
differences
a crime resulting in incarceration.
Section 2. That 25-4-17.1 be REPEALED:
Irreconcilable
differences are those grounds which are determined by the court to be
substantial reasons for not continuing the marriage and which make it
appear that the marriage should be dissolved.
Section 3. That 25-4-17.2 be REPEALED:
If from the evidence at
the hearing, the court finds that there are irreconcilable
differences, which have caused the irremediable breakdown of the
marriage, it shall order the dissolution of the marriage or a legal
separation. If it appears that there is a reasonable possibility of
reconciliation, the court shall continue the proceeding for a period
not to exceed thirty days. During the period of the continuance, the
court may enter any order for the support and maintenance of the
parties, the custody, support, maintenance, and education of the
minor children of the marriage, attorney fees, and for the
preservation of the property of the parties. At any time after the
termination of the thirty‑day period, either party may move for
the dissolution of the marriage or a legal separation, and the court
may enter its judgment decreeing the dissolution or separation.
The court may not render
a judgment decreeing the legal separation or divorce of the parties
on the grounds of irreconcilable differences without the consent of
both parties unless one party has not made a general appearance.
Section 4. That 25-4-17.3 be REPEALED:
In any action for divorce
or separate maintenance in which the parties have consented to the
use of irreconcilable differences, the court may grant the divorce
based on the affidavits of the parties establishing the requisite
jurisdiction and grounds for the divorce or separate maintenance
action without requiring their personal appearance.