For purposes of discussion herein, the Plaintiff Kristi Noem will be referred to simply as “Kristi” and Defendant Bryon Noem will be referred to as “Bryon.”
Kristi filed her divorce action in Hamlin County, South Dakota. As Plaintiff, Kristi asserts that she seeks a divorce on the grounds of irreconcilable differences. As previously explained in my column, Legal Column: Divorce Law Traps Abuse Victims – The Rapid City Post, this is a no-fault ground which can only be utilized if both sides agree. She further asserts that if Bryon won’t agree to irreconcilable differences, she reserves the right “to assert fault-based grounds” against him. If Bryon does not consent to irreconcilable differences, Kristi will be required to pursue one of South Dakota’s fault-based grounds which include adultery, extreme cruelty, willful desertion, willful neglect, habitual intemperance and conviction of a felony. The most commonly used fault-based ground in South Dakota is extreme cruelty. (It has previously been reported that 98% of all contested divorces in South Dakota have been granted on the basis of extreme cruelty.)
Kristi does not specifically assert a claim to support (alimony) against Bryon, but she “reserves the right to assert, and for preservation purposes, does assert, a claim of support” which is “dependent upon property division.” A correct interpretation of this position would be that if Kristi is not satisfied with how property division is attained, she can and will seek alimony.
Prior SD Gubernatorial Divorce Litigation
There is an interesting history in South Dakota concerning former Governor Joe Foss. He sued his wife for divorce in South Dakota but she would not consent to a divorce. Frustrated, he moved to Las Vegas, established residency, and sued for divorce there. He was quickly successful. In a subsequent legal challenge in South Dakota, the South Dakota Supreme Court upheld the Nevada divorce decree, over objection by Mrs. Foss. This protracted litigation took place in two different states over the span of three years.
Kristi is represented by Michael K. Sabers of Loos, Sabers and Smith LLP law firm of Rapid City. Michael Sabers is the son of (now-deceased) Richard W. Sabers who served as Justice on the South Dakota Supreme Court 1986-2008. Justice Sabers was appointed by Governor Bill Janklow and was retained by voters in three successive retention elections. He left the Court because he had reached the mandatory retirement age of 70. He was succeeded by Justice Glen A. Severson.
Bryon is represented by Timothy G. Bottum of Morgan Theeler LLP law firm in Mitchell, South Dakota.
The historical facts of the Foss v Foss divorce may be found in Foss v. Foss, 83 S.D. 574, 163 N.W.2d 354 (S.D. 1968). Statistics about extreme cruelty as the most commonly-used ground for divorce can be found in Rita Duenwald Haverly, PALMER V. PALMER; ESTABLISHING EXTREME CRUELTY IN CONTESTED SOUTH DAKOTA DIVORCE CASES, 26 South Dakota Law Review 58 (1981). A copy of the Noem v Noem divorce petition may be obtained by sending an e-mail request to rogermbaron@gmail.com .
