25-4-17.2 Dissolution of marriage--Legal separation--Continuance--Orders during continuance--Consent...
25-4-17.2.
Dissolution of marriage--Legal separation--Continuance--Orders during
continuance--Consent of parties.
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.
Source: SL 1985, ch 207, § 2; SL 1986, ch 213.
Chapter 25-4