In South Dakota, divorce serves as the legal means to end a marriage. However, it is important to establish valid grounds before filing for divorce, as these grounds are the legal reasons that justify the dissolution of the marriage and must be recognized by the court. Understanding the grounds for divorce in South Dakota is essential for those seeking to navigate the divorce process.
1. Irretrievable Breakdown – The Most Common Ground
South Dakota operates on a no-fault basis when it comes to divorce proceedings. This means that individuals seeking a divorce are not required to prove that one partner is at fault for the deterioration of the marriage. Instead, the most commonly cited ground for divorce is the irretrievable breakdown of the marriage. This ground acknowledges that the marital relationship has reached a point where it is no longer possible for the parties involved to continue living together.
2. Fault-Based Grounds – Recognition of Specific Circumstances
Although South Dakota primarily embraces the no-fault approach, it does recognize fault-based grounds for divorce. These grounds encompass particular circumstances that may have significantly contributed to the breakdown of the marriage. Some examples of fault-based grounds in South Dakota include:
Adultery – Breach of Marital Commitment
Engaging in extramarital affairs, commonly known as adultery, constitutes a valid ground for divorce in South Dakota.
Substance Abuse – Diminishing the Marriage
If one spouse’s chronic substance abuse detrimentally impacts the marriage, the other spouse has the right to file for divorce on the grounds of substance abuse.
Violence or Abuse – Protecting Rights and Safety
South Dakota acknowledges domestic violence or abuse as a serious issue that justifies divorce. This includes physical, emotional, or mental abuse within the marital relationship.
Imprisonment – Extended Separation
If one spouse is incarcerated for a considerable period, the other spouse can file for divorce on the grounds of imprisonment.
Desertion or Abandonment – Unjustified Separation
When one spouse unjustifiably leaves the marital home without valid reasons and remains absent for a specific duration, the other spouse may file for divorce based on desertion or abandonment.
Incurable Mental Illness – Hindrance to Continuing the Marriage
If one spouse suffers from an incurable mental illness that renders the marriage unviable, the other spouse can file for divorce on the grounds of an incurable mental illness.
Conclusion
The grounds for divorce in South Dakota closely align with those in other states. When initiating a divorce in South Dakota, it is crucial to ensure that you have proper grounds for the dissolution of your marriage. If you are uncertain about the grounds that apply to your situation, it is advisable to seek the guidance of a family law attorney who can provide you with the necessary legal advice and support.