{"id":376283,"date":"2016-03-31T21:36:41","date_gmt":"2016-04-01T02:36:41","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/south-dakota-law\/south-dakota-annulment-and-prohibited-marriage-laws.html"},"modified":"2023-01-30T15:21:51","modified_gmt":"2023-01-30T20:21:51","slug":"south-dakota-annulment-and-prohibited-marriage-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/south-dakota-law\/south-dakota-annulment-and-prohibited-marriage-laws.html","title":{"rendered":"South Dakota Annulment and Prohibited Marriage Laws"},"content":{"rendered":"\n
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South Dakota Annulment and Prohibited Marriage Laws<\/h1>\n
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\n By FindLaw Staff<\/a> | Legally reviewed by Nicole Prebeck, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

When is a marriage not a marriage? When it was never a marriage in the first place. While there is some variation, all states have laws prohibiting some marriages<\/a> and a method for annulling<\/a> (voiding) marriages that are legally invalid. Below is a summary of South Dakota’s laws related to annulments and prohibited marriages.<\/p>\r\n

Civil Annulments and Prohibited Marriages<\/h2>\r\n

South Dakota adopted a constitutional amendment in 2006 that defined marriage as a union between a man and a woman,  prohibiting same-sex marriages. Similar restrictions were created within the statutory code. However, in 2015 the U.S. Supreme Court threw out all of these legal barriers to same-sex marriage. In Obergefell v. Hodges<\/a> <\/i>the U.S. Supreme Court recognized that state bans on same-sex marriages violate the Fourteenth Amendment’s guarantee of equal protection<\/a>.  <\/p>\r\n

In the wake of the U.S. Supreme Court’s decision in 2015, states have not been able to enforce laws against same-sex marriage. On December 13, 2022, President Joseph R. Biden, Jr. signed into law the Respect for Marriage Act. It codifies protections for same-sex marriage. <\/p>\r\n

Breakdown of Laws Related to Civil Annulments and Prohibited Marriages in South Dakota<\/h2>\r\n

The chart below contains a breakdown of laws related to civil annulments and prohibited marriages in South Dakota.<\/p>\r\n\r\n

Grounds for Annulment<\/p>\r\n<\/th>\r\n

As per South Dakota Chapter 25-3<\/a> marriages can be declared void and annulled for the following reasons:
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  • Bigamy<\/li>\r\n
  • Unsound Mind<\/li>\r\n
  • Underage<\/li>\r\n
  • Forced Consent<\/li>\r\n
  • Fraud<\/li>\r\n
  • Physical Incapacity<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>

Time Limits for Obtaining an Annulment<\/p>\r\n<\/th>\r\n

Usually four years, but differs by condition South Dakota Chapter 25-3<\/a>\u200b<\/td>\r\n<\/tr>

Legitimacy of Children<\/p>\r\n<\/th>\r\n

Under relevant laws within South Dakota, children born to a legally invalid marriage or a marriage that has been civilly annulled are considered legitimate.<\/td>\r\n<\/tr>

Prohibited Marriages<\/p>\r\n<\/th>\r\n