Grounds for Divorce in South Dakota

South Dakota permits no-fault and fault grounds. Many couples choose irreconcilable differences to simplify the process; fault remains available where one spouse contests or wishes to litigate conduct.

No-Fault Ground

Irreconcilable differences causing the marriage to break down. Cases may proceed by agreement on this ground; courts can address contested circumstances through further proceedings.

Fault Grounds

Traditional grounds include adultery, extreme cruelty, willful desertion, habitual intemperance (alcohol/drug abuse), willful neglect, and conviction of a felony. Fault claims require proof and typically add time and cost.

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FAQs

Do I have to prove fault in South Dakota?
No. Many cases proceed on irreconcilable differences.

Why would someone allege fault?
To tell the court a fuller story or where no-fault is disputed, but it often increases time and expense.

Can conduct affect outcomes?
Courts focus on equitable division and realistic support; conduct can be considered among many factors.