Common-law marriage has diverse names, from "marriage in fact", "marriage by repute and habit", "informal…
Where to Apply
How do I get married in South Dakota?
In order to get married in South Dakota, you must first apply for a marriage license at any county register of deeds office.
Am I married when I get my marriage license?
Your marriage license gives you permission to marry. It must be followed by solemnization.
Does my residency affect the application process?
There are no residency requirements. You do not have to live in South Dakota to marry in the state.
Do I have to be a U.S. citizen to marry in South Dakota?
Foreigners are welcome to marry in South Dakota. Marriage licensing requirements are equivalent for all applicants.
How much is a marriage license?
The South Dakota marriage license fee is $40 in every county.
Does my marriage license come with a marriage certificate?
The marriage license fee covers just the license. A certified copy of your eventual marriage certificate costs $15 extra.
Where can I use my marriage license?
Your South Dakota marriage license can be used to get married anywhere in the state. It can only be used in South Dakota.
Can I use a marriage license from another state or country?
You may only lawfully marry in South Dakota using a South Dakota marriage license.
What information will I have to fill out?
The marriage license application asks for your name, birthdate, birthplace, residence, gender, Hispanic ethnicity, race, phone number, social security number, and marital status.
Can I pick up an application worksheet in advance?
You may pick up a blank marriage license application in advance at the register of deeds office. However, it must be signed in person.
Do I have to apply in person?
You must apply for a marriage license in person, alongside your co-applicant. You cannot employ a power of attorney.
What if I'm active duty military or in prison?
Applying for a marriage license in person is compulsory. Military, disabled, or incarcerated applicants are not excluded from this rule.
What are the age requirements to marry?
Aged 18 and over?
If you're 18 years old or older, you can marry without parental consent.
Aged 16 and 17?
If you're 16 or 17 years old, either a parent or guardian must consent to your marriage.
Aged 15 and under?
If you're 15 years old or younger, you will not be issued a marriage license.
What is the parental consent to marry requirements?
Which parent grants consent?
Either parent may grant consent to marry. Noncustodial parents too.
How must parental consent be granted?
Consent to marry from a parent or guardian may either be granted in person or with a notarized consent statement.
Are there readymade consent forms available?
You may pick up a blank parental consent form at your local register of deeds office.
What if a parent or guardian refuses to grant consent?
If you're underage and fail to obtain parental consent to marry, there is no judicial option available to override their objection.
Is there a premarital counseling reduced fee option?
South Dakota does not have a program that reduces the marriage license fee in exchange for completing premarital counseling.
When will I get my marriage license?
Your marriage license will be issued without delay. You can then marry immediately.
How long will my marriage license remain valid?
Your marriage license will expire 20 days after issuance, after which it is void.
Do I have to show ID?
Bring proof of age, such as a certified copy of your birth certificate, driver's license, passport, state-issued ID card, or military ID card.
Do I have to show my birth record?
If you're 16 or 17 years old, bring an original or certified copy of your birth certificate. It will be reviewed, not kept.
Do I have to show my social security card?
Your social security card is not required. However, your social security number is required on the application.
What ID must consenting parents and guardians show?
Parents or guardians granting in person consent to their child or ward to marry must furnish photo ID.
Is a blood test required?
You do not have to get a premarital blood test. However, you will be given information on HIV counseling, testing, and treatment.
Do I have to show my divorce record?
If divorced, you do not need to bring your divorce decree.
Do I have to show proof of being widowed?
If widowed, you do not need to bring your late spouse's death certificate.
How do I change my name post-marriage?
Use your marriage certificate to change your name with the SSA, MVD, among others. Name change forms are available online.
What name change options are available to me?
You may take your spouse's surname, hyphenate surnames, and/or replace your middle name with your maiden name.
Are witnesses required at my ceremony?
Two witnesses must attend your marriage ceremony. Afterward, their names and residences must be printed on the license.
Must ceremony witnesses be of a certain age?
South Dakota law does not set a minimum age or competency requirement for witnesses.
Who can perform our marriage?
Your marriage may be solemnized by a judge, justice, magistrate, mayor, or authorized official of any church, denomination, or sect.
Is identification required at the ceremony?
Your officiant must confirm your age, identity, and residence through personal knowledge or photo identification.
Can we perform a self-solemnized marriage ceremony?
Self-solemnized marriage is lawful if permitted by your denomination or sect.
Do clergypersons have to be registered to solemnize marriages?
South Dakota law does not require anyone who solemnizes marriages to be registered with any city, county, or state agency.
When must my marriage license be returned?
Are you self-solemnizing?
If you're having a self-solemnized ceremony, return the license to the register of deeds within 30 days after marriage.
Is a third-party solemnizing?
If a third-party is officiating, they must return the license to the register of deeds within 10 days after marriage.
How do I get a copy of my marriage record?
Certified copies of South Dakota marriage certificates may be obtained from any register of deeds or the state's vital records office.
How do I obtain other vital records?
The state maintains birth, death, divorce, and marriage records. Register of deeds maintain all except divorce records.
How much are certified copies?
Certified copies of South Dakota vital records cost $15 apiece. Expedited service is extra.
Can I have a proxy marriage?
Proxy marriage, where someone acts as your stand-in during the marriage ceremony, is not permitted in South Dakota.
Can I marry a cousin?
You cannot marry a first cousin, whether related by the whole or half blood.
Can I marry a family member?
You cannot marry an ascendant, descendant, sibling, half-sibling, aunt, uncle, niece, nephew, or first cousin.
Can I marry a family member if not related by blood?
Intermarriage prohibitions extend to family members related by adoption or marriage (i.e., stepparents, stepchildren).
Will my out-of-state marriage be recognized in South Dakota?
Your out-of-state marriage will be recognized in South Dakota as long as it was lawfully established.
Can I enter into a common-law marriage?
South Dakota only recognizes common-law marriages established before July 1, 1959.