25-3-2. Unsound mind as ground--Party bringing action--Time of action.
A marriage may be annulled by an action in the circuit court to obtain a decree of nullity if either party was of unsound mind at the time of the marriage, unless such party, after coming to reason, freely cohabitated with the other as husband or wife. An action to obtain a decree of nullity of marriage for causes mentioned in this section must be commenced by the party injured, or relative or guardian of the party of unsound mind, at any time before the death of either party.
Source: SDC 1939, ยงยง14.0601 (3), 14.0602 (3).
Structure South Dakota Codified Laws
Chapter 03 - Annulment Of Marriage
Section 25-3-1 - Former marriage as ground--Party bringing action--Time of action.
Section 25-3-2 - Unsound mind as ground--Party bringing action--Time of action.
Section 25-3-3 - Legitimacy of children after annulment for former marriage or mental illness.
Section 25-3-4 - Annulment of underage marriage--Party bringing action--Time of action.
Section 25-3-5 - Forced consent as ground--Party bringing action--Time of action.
Section 25-3-6 - Fraud as ground--Party bringing action--Time of action.
Section 25-3-8 - Physical incapacity as ground for annulment--Party bringing action--Time of action.
Section 25-3-9 - Parties bound by annulment.
Section 25-3-10 - Provision for maintenance--Vacation or modification.
Section 25-3-11 - Provisions for child custody and support--Vacation or modification.
Section 25-3-12 - Report to Department of Health on annulments.