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S.D. Codified Laws § 25-4-75

Motion to reopen case to divide assets omitted from property division

Applied in 1 court decision — leading case LeFORS v. LeFORS (2023)

Most recently applied in LeFORS v. LeFORS (May 2023)

Source: SL 2013, ch 118, § 1.

Any court that has entered an original decree of marital annulment, dissolution, or legal separation and determined a division of the property shall reopen the case upon the motion of either party to the original decree if the moving party alleges all of the following regarding any assets belonging to either or both of the parties:

(1) The assets existed at the time of the entry of the decree;

(2) The assets were not encompassed by the original decree; and

(3) The assets are currently more than de minimus assets.

Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.