Any couple who wants to get married in South Dakota must first obtain a valid marriage license. Each state's marriage license requirements differ slightly. This article briefly outlines South Dakota's main marriage license requirements.
|South Dakota Code section 25-1-10 to 25-1-11: Marriage Licenses
|Each applicant must sign the application in person in the presence of the register of deeds and provide proof of age by providing a certified copy of a birth certificate or a photo ID that includes the applicant's name and birth date.
|Applicants must pay a $40 fee.
In South Dakota, incestuous marriages, marriages with a stepchild, and bigamous marriages are all prohibited and void.
Incestuous marriages: Incestuous marriages include marriages between:
- Parents and children
- Ancestors and descendants (of every degree)
- Brothers and sisters (half or whole blood)
- Uncles and nieces
- Aunts and nephews, and
- Cousins (of the half or whole blood)
Marriage with a stepchild: Every marriage of a stepfather with a stepdaughter or a stepmother with a stepson is void.
Bigamous marriages: In South Dakota it is illegal to be married to more than one person at a time. Any marriage entered into by someone with a living husband or wife is void (unless the previous marriage has been annulled, dissolved, or determined to be null be a competent tribunal).
How Old do You Have to be to Get Married in South Dakota?
Any person who is 18 years old or older, and is otherwise qualified to get married in South Dakota, is legally capable of applying for a marriage license without their parent's consent. Applicants who are 16 or 17 years old can't obtain a marriage license without submitting a notarized statement of consent to marry from one of their parents or legal guardians.
How long is My Marriage License Valid?
Marriage licenses issued in South Dakota are valid for 20 days from the date that they are issued.
Does South Dakota have a Blood Test Requirement?
South Dakota does not require couples to take a blood test before obtaining a marriage license.
State laws change frequently. For case specific information regarding South Dakota's marriage license and blood test requirements contact a local family law attorney.