South Dakota Code § 25-10-22

Effect of divorce or other civil proceedings prior to criminal proceedings
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In any action involving domestic abuse, the court may not:
(1) Dismiss any charge or delay disposition of the domestic abuse action because of the pendency of a divorce or any other civil proceeding, unless agreed to by all parties, including the victim;
(2) Require proof that either party is seeking dissolution of marriage prior to instigation of criminal proceeding.

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