Ness v. Ness

(special concurrence).

Both parties to this marriage were residents of South Dakota at the time defendant hus'bazid was c'onr victed of a felony in Minnesota. Such conviction, in my *207opinion, constituted ground for divorce under our law regardless of whether or not there was a comparable crime in this state.

In most states “conviction of a felony” or “imprisonment in a penal institution” is ground for divorce. Early statutory provisions generally restricted the “conviction” or “imprisonment” to the state of domicile. This is no longer true. Most states, like South Dakota, have broadened the…