Section 25-1-8 – Bigamous marriage void–Former spouse absent or believed dead.
25-1-8. Bigamous marriage void–Former spouse absent or believed dead. A subsequent marriage contracted by any person during the life of a former husband or wife of such person with any person other than such former husband or wife, is null and void from the beginning, unless the former marriage has been annulled or dissolved, or […]
Section 25-1-9 – Age of consent to marriage with and without parental consent.
25-1-9. Age of consent to marriage with and without parental consent. Any unmarried applicant for a marriage license who is eighteen years old or older, and who is not otherwise disqualified, is capable of consenting to and consummating a marriage. If either applicant for a marriage license is between the age of sixteen and eighteen, […]
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, […]
Section 25-1-2 – Present consent to marriage required.
25-1-2. Present consent to marriage required. The consent to a marriage must be to one commencing instantly, and not an agreement to marry afterwards. Source: SDC 1939, §14.0104.
Section 25-1-5 – Manifestation and proof of consent and consummation of marriage.
25-1-5. Manifestation and proof of consent and consummation of marriage. Consent to and subsequent consummation of marriage may be manifested in any form and may be proved under the same general rules of evidence as facts in other cases. Source: SDC 1939, §14.0105.
Section 25-1-6 – Incestuous marriages void.
25-1-6. Incestuous marriages void. Marriages between parents and children, ancestors and descendants of every degree, and between brothers and sisters of the half as well as the whole blood, and between uncles and nieces, or aunts and nephews, and between cousins of the half as well as of the whole blood, are null and void […]