If you're getting married in South Dakota, you must first apply for a marriage license.
It'll cost you $40.00, and you'll have to use it within 90 days.
In order to get married in South Dakota, you must first apply for a marriage license at any county register of deeds office.
Your marriage license gives you permission to marry. It must be followed by solemnization.
There are no residency requirements. You do not have to live in South Dakota to marry in the state.
Foreigners are welcome to marry in South Dakota. Marriage licensing requirements are equivalent for all applicants.
The South Dakota marriage license fee is $40 in every county.
The marriage license fee covers just the license. A certified copy of your eventual marriage certificate costs $15 extra.
Your South Dakota marriage license can be used to get married anywhere in the state. It can only be used in South Dakota.
You may only lawfully marry in South Dakota using a South Dakota marriage license.
The marriage license application asks for your name, birthdate, birthplace, residence, gender, Hispanic ethnicity, race, phone number, social security number, and marital status.
You may pick up a blank marriage license application in advance at the register of deeds office. However, it must be signed in person.
You must apply for a marriage license in person, alongside your co-applicant. You cannot employ a power of attorney.
Applying for a marriage license in person is compulsory. Military, disabled, or incarcerated applicants are not excluded from this rule.
If you're 18 years old or older, you can marry without parental consent.
If you're 16 or 17 years old, either a parent or guardian must consent to your marriage.
If you're 15 years old or younger, you will not be issued a marriage license.
Either parent may grant consent to marry. Noncustodial parents too.
Consent to marry from a parent or guardian may either be granted in person or with a notarized consent statement.
You may pick up a blank parental consent form at your local register of deeds office.
If you're underage and fail to obtain parental consent to marry, there is no judicial option available to override their objection.
South Dakota does not have a program that reduces the marriage license fee in exchange for completing premarital counseling.
Your marriage license will be issued without delay. You can then marry immediately.
Your marriage license will expire 90 days after issuance, after which it is void.
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.
If you're 16 or 17 years old, bring an original or certified copy of your birth certificate. It will be reviewed, not kept.
Your social security card is not required. However, your social security number is required on the application.
Parents or guardians granting in person consent to their child or ward to marry must furnish photo ID.
You do not have to get a premarital blood test. However, you will be given information on HIV counseling, testing, and treatment.
If divorced, you do not need to bring your divorce decree.
If widowed, you do not need to bring your late spouse's death certificate.
Use your marriage certificate to change your name with the SSA, MVD, among others. Name change forms are available online.
You may take your spouse's surname, hyphenate surnames, and/or replace your middle name with your maiden name.
Two witnesses must attend your marriage ceremony. Afterward, their names and residences must be printed on the license.
South Dakota law does not set a minimum age or competency requirement for witnesses.
Your marriage may be solemnized by a judge, justice, magistrate, mayor, or authorized official of any church, denomination, or sect.
Your officiant must confirm your age, identity, and residence through personal knowledge or photo identification.
Self-solemnized marriage is lawful if permitted by your denomination or sect.
South Dakota law does not require anyone who solemnizes marriages to be registered with any city, county, or state agency.
If you're having a self-solemnized ceremony, return the license to the register of deeds within 30 days after marriage.
If a third-party is officiating, they must return the license to the register of deeds within 10 days after marriage.
Certified copies of South Dakota marriage certificates may be obtained from any register of deeds or the state's vital records office.
The state maintains birth, death, divorce, and marriage records. Register of deeds maintain all except divorce records.
Certified copies of South Dakota vital records cost $15 apiece. Expedited service is extra.
Proxy marriage, where someone acts as your stand-in during the marriage ceremony, is not permitted in South Dakota.
You cannot marry a first cousin, whether related by the whole or half blood.
You cannot marry an ascendant, descendant, sibling, half-sibling, aunt, uncle, niece, nephew, or first cousin.
Intermarriage prohibitions extend to family members related by adoption or marriage (i.e., stepparents, stepchildren).
Your out-of-state marriage will be recognized in South Dakota as long as it was lawfully established.
South Dakota only recognizes common-law marriages established before July 1, 1959.
Where will you apply?
Share your questions or comments
Hi I got married 2 years ago in aberdeen sd court house. But we never turned in the south Dakota marraige license I still have it so are we married or no ? Because we are separated right now an I'm trying to find out an get child custody between us an find out thanks
Staff says:But we never turned in the south Dakota marraige license
If you were married in the courthouse by a civil celebrant, your marriage license should have been turned in for you.
I still have it so are we married or no ?
If your marriage license hasn't been recorded, your marriage doesn't officially exist as far as the state is concerned. Contact the county register of deeds that issued your marriage license to determine if your marriage has been recorded. If it hasn't, inquire about registering a delayed marriage license.
Trish Sieberg says:Are there specific hours each day that you can be married at the courthouse by a judge immediately after obtaining the marriage license or do you need to set up an appointment time for that?
Editor says:Hi Trish. It varies per courthouse, especially availability. You'll have to contact them about availability and expedience.
Keith says:My soon to be wife is a non resident who will be returning to her home country after the marriage to wait on visa approval. She has no Social Security number. Will this be a problem in SD?