21.287.10 96th Legislative Session 636

2021 South Dakota Legislature

House Bill 1236

Introduced by: Representative Randolph

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. Grounds for divorce.

Divorces 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 That § 25-4-17.1 be REPEALED.

25-4-17.1. Irreconcilable differences defined.

Section 3. That § 25-4-17.2 be REPEALED.

25-4-17.2. Dissolution of marriage--Legal separation--Continuance--Orders during continuance--Consent of parties.

Section 4. That § 25-4-17.3 be REPEALED.

25-4-17.3. Use of affidavits to establish jurisdiction and grounds for divorce.

Catchlines are not law. (§ 2-16-13.1) Underscores indicate new language.

Overstrikes indicate deleted language.