Legal Separation and Annulment in South Dakota

Yes. The court may order a legal separation on the ground of irreconcilable differences (with both spouses' consent unless one has not appeared), and a spouse may bring an action for separate maintenance, without asking for divorce, on any ground for divorce. The same residency rule and 60-day waiting period apply.

A marriage may be annulled by the circuit court if either party had a living spouse in a marriage still in force; either party was of unsound mind (unless they later freely lived together after recovering); a party was under the age of consent and married without parental consent (unless they lived together after reaching that age; action within four years of reaching the age of consent); consent was obtained by force (within four years of the marriage) or fraud (within four years of discovering it, unless they lived together with full knowledge); or a party was physically incapable of entering the marriage and the condition appears incurable (within four years).