Section 25-1-37 – Record maintained by Department of Health–Entry as evidence of marriage–Local registrar to file records with department.
25-1-37. Record maintained by Department of Health–Entry as evidence of marriage–Local registrar to file records with department. The Department of Health shall maintain marriage licenses issued and records of marriages solemnized in South Dakota. A duly certified copy of the recorded marriage license shall be received as competent evidence of the marriage. The local registrar […]
Section 25-1-38 – Validity of marriages contracted outside state–Same-sex marriages excluded.
25-1-38. Validity of marriages contracted outside state–Same-sex marriages excluded. Any marriage contracted outside the jurisdiction of this state, except a marriage contracted between two persons of the same gender, which is valid by the laws of the jurisdiction in which such marriage was contracted, is valid in this state. Source: SDC 1939, §14.0103; SL 2000, […]
Section 25-1-39 – Marriage voidable if party physically incapable or consent obtained by fraud or force.
25-1-39. Marriage voidable if party physically incapable or consent obtained by fraud or force. If either party to a marriage be incapable from physical causes of entering into the marriage state or if the consent of either be obtained by fraud or force, the marriage is voidable. Source: SDC 1939, §14.0107.
Section 25-1-40 – Marital rights not restored by pardon from life sentence.
25-1-40. Marital rights not restored by pardon from life sentence. No pardon granted to any person sentenced to imprisonment for life in this state restores such person to the rights of any previous marriage or to the guardianship of any issue of such marriage. Source: SDC 1939, §14.0108.
Section 25-1-31 – Solemnization of marriage without license as misdemeanor.
25-1-31. Solemnization of marriage without license as misdemeanor. If any marriage is solemnized without the license required by this title being procured, the parties so married and all persons aiding in such marriage are guilty of a Class 1 misdemeanor. Source: SDC 1939, §14.9903.
Section 25-1-32 – Identity and ages of parties to be established before solemnization of marriage.
25-1-32. Identity and ages of parties to be established before solemnization of marriage. Before performing the marriage ceremony, the person solemnizing a marriage shall ascertain by personal knowledge or by requesting a photographic identification: (1)The identity of the parties; (2)Their real and full names and places of residence; and (3)The names and places of residence […]
Section 25-1-33 – Solemnization of marriage between unauthorized persons as misdemeanor.
25-1-33. Solemnization of marriage between unauthorized persons as misdemeanor. A person who solemnizes any marriage where either of the parties is known to him to be under the age of legal consent and without the consent of his or her parents or guardian or persons having charge of him or her, or where either of […]
Section 25-1-35 – Certificate delivered to parties–Return to register of deeds.
25-1-35. Certificate delivered to parties–Return to register of deeds. After performing the ceremony, the person solemnizing the marriage shall deliver the marriage certificate to the persons married and return, within ten days, the license and record of marriage to the county register of deeds. Source: SDC 1939, §§14.0117, 14.9904; SL 1978, ch 187, §6; SL […]
Section 25-1-36 – Return of marriage performed without person authorized to perform–Failure as petty offense.
25-1-36. Return of marriage performed without person authorized to perform–Failure as petty offense. Persons married in accordance with the creed or custom of any sect or denomination to which they belong which dispenses with the services of any minister or other person authorized to perform marriages by §25-1-30 are themselves required to make return of […]
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 […]