Where the cause of divorce consists of a course of offensive conduct, or arises in cases of cruelty from excessive acts of ill-treatment, which may aggregately constitute the offense, cohabitation, or passive endurance, or conjugal kindness shall not be evidence of condonation of any of the acts constituting such cause, unless accompanied by an express agreement to condone. In such cases, condonation can be made only after the cause of divorce has become complete, as to the acts complained of.
S.D. Codified Laws § 25-4-23
Condonation not implied by endurance of continuing conduct constituting ground for divorce
Applied in 1 court decision — leading case Rykhus v. Rykhus (1982)
Most recently applied in Rykhus v. Rykhus (May 1982)
Source: SDC 1939, § 14.0716.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.