• Both parties do not need to attend court unless they dispute the terms of the divorce.Stockbyte/Stockbyte/Getty Images
  
  Residents of South Dakota may file for a divorce on the grounds of irreconcilable differences. Further grounds for divorce include adultery, cruelty and intemperance. Courts in South Dakota may grant a divorce and divide property located in South Dakota. They also may decide on custody of all children residing in the state. The laws are contained in Chapter 25-4 of the South Dakota State Laws.
  
  

Irreconcilable Differences

• This is a no-fault based ground, where both parties agree that the marriage can no longer continue due to irreconcilable differences. The court must determine that there are substantial reasons for not continuing the marriage. The parties do not need to appear in court, provided that they submit affidavits.
  
  

Adultery

• Adultery is a ground for divorce in South Dakota, as in most jurisdictions. It is necessary to establish proof of adultery. This can be established either by eyewitness testimony, photographs or circumstantial evidence.
  
  

Extreme Cruelty

• Extreme cruelty is defined in Chapter 25-4 as "the infliction of grievous bodily injury or grievous mental suffering upon the other, by one party to the marriage." In this case, evidence would be provided, usually by a doctor or medical professional, to support the claim.
  
  

Habitual Intemperance

• Intemperance must be habitual in order to form the ground for a divorce in South Dakota. The spouse must be unable to properly attend to business for a large portion of time. Alternatively, it can be claimed that the intemperance is such that it inflicts great mental anguish on the husband or wife. The state of habitual intemperance must continue for a minimum of one year before it can be deemed to be a ground for divorce.
  
  

Chronic Mental Illness

• Chronic mental illness is a discretionary ground for divorce in South Dakota. If one party to a marriage has incurable, chronic mania or dementia for a period of at least five years, the court may grant a divorce. There must be some prior confinement either by order of a court or by the Board of Mental Illness.