Marriage in South Dakota

In any state, you will need to have a current ID to get a marriage license. In South Dakota, this can take the form of a driver's license or a certified copy of your birth certificate. You do not have to reside in South Dakota in order to get a marriage license in this state.

Come prepared to pay the $40 fee; depending on the office, you may have to pay by only cash or traveler's check.

Both of the persons who are intending to get married must apply for the license in person.

Who Can be Issued a Marriage License?

There is no common law marriage accepted in South Dakota. Cousins may not legally marry in this state. South Dakota does not allow marriage between people of the same sex. Both persons must be present at the ceremony in order for the marriage to be legal; marriage by proxy is not allowed.

If you are 16 or 17 years of age, you must have parental consent. South Dakota does not allow marriage of persons who are below 16 years of age.

Who Can Perform the Ceremony?

Any minister of the gospel or any priest can legally conduct wedding ceremonies. The bride and groom must be given marriage certificates if they ask for them. Each minister must maintain a log of the marriages conducted. Within 30 days of the wedding ceremony, the minister needs to provide a marriage certificate to the clerk responsible for granting the license.

Other Important Information

The marriage license issued by South Dakota is valid for only 20 days, a relatively short time. Be sure to apply for your license no later than one month before your wedding date. However, avoid applying for the marriage license too early. If your license expires before the wedding day, you will have to apply again.

The marriage license must be solemnized within the 20 days the license is valid. You can find out who is authorized to solemnize your marriage license by putting in a call to 605-347-2556. When your marriage is solemnized, the license will need to be sent back to the Register of Deeds during the first 10 days.

There is no waiting period after your license is issued. You are not required to take a blood test in South Dakota.

If you are divorced, you may have to provide proof of your divorce.

Find a Lawyer

Start here to find family and divorce lawyers near you.

How it Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you
Get Professional Help

Talk to a Family attorney.

How It Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you