State of South Dakota
LEGISLATIVE ASSEMBLY, 2015
||HOUSE JUDICIARY ENGROSSED NO. HB 1221 - 02/20/2015 |
Introduced by: Representatives Ring, Feickert, Gibson, Hawks, Johns, Killer, Kirschman, McCleerey, and Soli and Senators Buhl O'Donnell, Bradford, Parsley, and Peterson (Jim)
FOR AN ACT ENTITLED, An Act to authorize unilateral consent in certain divorce proceedings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 25-4-17.2 be amended to read as follows:
25-4-17.2. If from the evidence at the hearing, the court finds that there are irreconcilable differences, which have caused the irremediable breakdown of the marriage, it shall order the dissolution of the marriage or a legal separation. If it appears that there is a reasonable possibility of reconciliation, the court shall continue the proceeding for a period not to exceed thirty days. During the period of the continuance, the court may enter any order for the support and maintenance of the parties, the custody, support, maintenance, and education of the minor children of the marriage, attorney fees, and for the preservation of the property of the parties. At any time after the termination of the thirty-day period, either party may move for the dissolution of the marriage or a legal separation, and the court may enter its judgment decreeing the dissolution or separation.
The court may not render a judgment decreeing the legal separation or divorce of the parties on the grounds of irreconcilable differences without the consent of both parties unless one party has not made a general appearance.