Section 25-1-11 – Issuance of license to unqualified persons prohibited.
25-1-11. Issuance of license to unqualified persons prohibited. Such license must not in any case be granted where either party is under the age necessary to render the marriage absolutely valid nor where the condition of either party is such as to disqualify him from making any other civil contract nor in any case where […]
Section 25-1-13 – Consent of parent or guardian required for marriage of minor–Memorandum in record book.
25-1-13. Consent of parent or guardian required for marriage of minor–Memorandum in record book. If either party is a minor, no marriage license shall be granted unless the written consent of the parent or guardian, duly acknowledged by the parent or guardian, or proved to be genuine, is filed in the office of the county […]
Section 25-1-15 – Unlawful issuance of license as misdemeanor.
25-1-15. Unlawful issuance of license as misdemeanor. Any register of deeds who grants a marriage license contrary to the provisions of this title is guilty of a Class 1 misdemeanor. Source: SDC 1939, §14.9902; SL 1974, ch 55, §26; SL 1988, ch 202, §5.
Section 25-1-24 – Time allowed after license for solemnization of marriage.
25-1-24. Time allowed after license for solemnization of marriage. Any marriage license issued under the provisions of this chapter shall become void unless the marriage is solemnized within ninety days following issuance. Source: SDC 1939, §14.0123 (7) as enacted by SL 1939, ch 36; SL 2020, ch 104, § 1.
Section 25-1-28.1 – Distribution of HIV educational material before license issued.
25-1-28.1. Distribution of HIV educational material before license issued. At the time the application for a marriage license is filed, the register of deeds shall distribute to each applicant educational materials prepared and provided at no cost to the counties by the Department of Health on topics related to sexually transmitted disease, HIV transmission, and […]
Section 25-1-29 – Solemnization and recording of marriages required–Common-law marriages prior to 1959 not invalidated.
25-1-29. Solemnization and recording of marriages required–Common-law marriages prior to 1959 not invalidated. Marriage must be solemnized, authenticated, and recorded as provided in this chapter provided, however, that noncompliance with its provisions does not invalidate any lawful marriage consented to and subsequently consummated prior to July 1, 1959. Source: SDC 1939, §14.0110; SL 1959, ch […]
Section 25-1-30 – Persons authorized to solemnize marriages.
25-1-30. Persons authorized to solemnize marriages. Marriage may be solemnized by a justice of the Supreme Court, a judge of the circuit court, a magistrate, a mayor, either within or without the corporate limits of the municipality from which the mayor was elected, or any person authorized by a church to solemnize marriages. Source: SDC […]
Section 25-1-10 – License required for marriage–Fee–Disposition of fees–Form–Certified copies–Fee.
25-1-10. License required for marriage–Fee–Disposition of fees–Form–Certified copies–Fee. Previous to any marriage within this state, a license shall be obtained from the county register of deeds of any county, the fee for which is forty dollars. Ten dollars of the marriage license fee shall be retained by the county in which the fee is collected […]
Section 25-1-10.1 – Application for marriage license–Proof of age and identification required–Name changes.
25-1-10.1. Application for marriage license–Proof of age and identification required–Name changes. To obtain a marriage license, each applicant shall sign the marriage license application in person in the presence of the register of deeds or in the presence of a person duly appointed by the register to act in the register’s behalf. Each applicant shall […]
Section 25-1-1 – Marriage defined–Consent and solemnization required.
25-1-1. Marriage defined–Consent and solemnization required. Marriage is a personal relation, between a man and a woman, arising out of a civil contract to which the consent of parties capable of making it is necessary. Consent alone does not constitute a marriage; it must be followed by a solemnization. Source: SDC 1939, §14.0101; SL 1959, […]