§ 14-05-13 — Condonation defined - Requisites

Condonation is the conditional forgiveness of a matrimonial offense constituting a cause of
divorce. The following requirements are necessary to condonation:
1. A knowledge on the part of the condoner of the facts constituting the cause of divorce;
2. Reconciliation and remission of the offense by the injured party; and
3. Restoration of the offending party to all marital rights.
Condonation implies a condition subsequent that the forgiving party must be treated with
conjugal kindness. When the cause of divorce consists of a course of offensive conduct, or
arises in cases of cruelty from successive acts of ill treatment, which aggregately may constitute
the offense, cohabitation, or passive endurance, or conjugal kindness shall not be evidence of
condonation of any of the acts constituting such cause, unless accompanied by an express
agreement to condone. In such cases, condonation can be made only after the cause of divorce
has become complete as to the acts complained of. A fraudulent concealment by the condonee
of facts constituting a different cause of divorce from the one condoned and existing at the time
of condonation avoids such condonation.