Curtis W. Hanks, Plaintiff, Appellant and Appellee on Cross-Appeal v. Margaret Hanks, Defendant, Appellee And…

Summary

The South Dakota Supreme Court affirmed the trial court’s property division and upheld the custody award to the mother because no harmful effect of her conduct was shown, but it held the mother estopped from attacking the divorce decree on the basis of her adultery. It reversed the alimony award as excessive, modifying it to terminate upon the mother’s remarriage and remanding for determination of the amount and for formalizing the older child’s custody transfer. Justice Henderson dissented in part, arguing the mother’s conduct made her unfit and custody should be awarded to the father.