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, […]
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 […]
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 […]
25-1-10.2. Application for marriage license–Required statement. The application for a marriage license shall contain the following statement: “The laws of this state affirm your right to enter into this marriage and at the same time to live within the marriage free from violence and abuse. Neither of you is the property of the other. Physical […]
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 […]
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 […]
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.
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.
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.
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 […]
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 […]
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 […]
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.
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 […]
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 […]
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 […]
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 […]
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 […]
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, […]
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.
