25-4-29 Lapse of time as ground for denial of divorce--Presumption of acquiescence--Other limitati...
Lapse of time as ground for denial of divorce--Presumption of acquiescence--Other
limitations not applicable.
A divorce must be denied when there is an unreasonable lapse of time
before the commencement of the action. Unreasonable lapse of time is such a delay in commencing
the action as establishes the presumption that there has been connivance, collusion, or condonation
of the offense, or full acquiescence in the same, with intent to continue the marriage relation,
notwithstanding the commission of the offense set up as a ground of divorce. The presumption
arising from lapse of time may be rebutted by showing reasonable grounds for the delay in
commencing the action.
There are no limitations of time for commencing actions for divorce, except such as contained
in this section.
Source: SDC 1939, § 14.0719.