What are the recognized grounds for divorce in South Dakota?
Divorces may be granted for any of the following seven (7) causes: 1. Adultery; 2. Extreme cruelty; 3. Willful desertion; 4. Willful neglect; 5. Habitual intemperance (i.e.- habitual drunkenness or drug addiction); 6. Conviction of felony; 7. Irreconcilable differences (no-fault: only if agreed, or on default) *Chronic mental illness is a discretionary ground for divorce. In case of incurable, chronic mania or dementia of either spouse< having existed for five years or more, while under confinement by order of a court of record or of the Board of Mental Illness as provided by law, the court may, in its discretion, grant a divorce. The only approved no-fault ground available to those seeking a divorce is based on "irreconcilable differences" (an irretrievable breakdown of the marriage). This ultimately means that there is no reasonable hope that the marriage can continue. The grounds of irreconcilable differences may be used only if both parties agree to use it or if there is default.
