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Extreme cruelty is the infliction of grievous bodily injury or grievous mental suffering upon the other, by one party to the marriage.

Willful desertion defined--Special conditions applicable. Willful desertion is the voluntary separation of one of the married parties from the other with intent to desert. Adultery is the voluntary sexual intercourse of a married person with one of the opposite sex to whom he or she is not married.

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When a divorce is granted and the parties have not agreed otherwise, the courts may make an equitable division of the property belonging to either or both, whether the title to such property is in the name of the husband or the wife.

In making such division of the property, the court shall have regard for equity and the circumstances of the parties.

If the court discovers it does not have jurisdictional rights to hear the case it will not be accepted or it will eventually be dismissed.

The requirements are as follows: The plaintiff in an action for divorce or separate maintenance must, at the time the action is commenced, be a resident of this state, or be stationed in this state while a member of the armed services, and in order that each party be entitled to the entry of a decree or judgment of divorce or separate maintenance, that residence or military presence must be maintained until the decree is entered.

The court will award sole or joint custody based on the standards of what is in the best interests of the children.

The court will consider the following; marital misconduct only if it is relevant to the further well being of the child; the child wishes depending on age and maturity; and the expressed desires of the parents.The divorce may be filed in the county in which either spouse resides.The defendant has a legal right to have the case transferred to his or her county if desired.(South Dakota Laws - Volume 9A - Title 25 - Chapters: 25-4-44, 25-4-45) Whenever a decree of divorce is granted, the trial court may, in its discretion or upon the application of either party by the terms of the decree, restore to the woman her maiden name or the name she legally bore prior to her marriage to the husband in the divorce suit.(South Dakota Laws - Volume 9A - Title 25 - Chapters: 25-4-47) Not all cases involve support from one spouse to the other.When minor children are involved in a divorce, the South Dakota courts will do everything possible to help lessen the emotional trauma the children may be experiencing.

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