To meet South Dakota marriage license requirements, both applicants appear in person at any County Register of Deeds office with valid ID and their Social Security numbers, pay a $40 fee, and receive the license the same day. There is no blood test, no waiting period, and no residency requirement, and the license stays valid for 90 days from the date of issue.1South Dakota Legislature. South Dakota Code 25-1-24 – Time Allowed After License for Solemnization of Marriage
Who Can Get Married
Anyone 18 or older who is not otherwise disqualified can consent to marriage.2South Dakota Legislature. South Dakota Codified Law 25-1-9 – Age of Consent to Marriage With and Without Parental Consent An applicant who is 16 or 17 must submit a notarized statement of consent from a parent or legal guardian to the Register of Deeds before the license issues, and that consent is filed and noted in the marriage record book.3South Dakota Legislature. South Dakota Codified Laws 25-1 – Validity and Performance of Marriages No one under 16 can marry in South Dakota.
Some family relationships make a marriage automatically void. The prohibited pairings include parents and children, grandparents and grandchildren, siblings and half-siblings, uncles and nieces, aunts and nephews, and cousins and half-cousins. These apply whether the relationship is biological or through adoption, and they extend to stepchildren.4South Dakota Legislature. South Dakota Codified Law 25-1-6 – Incestuous Marriages Void
One boundary worth stating: South Dakota does not recognize common-law marriages formed after July 1, 1959. State law requires both consent and a solemnization ceremony for any valid marriage, so living together does not create one no matter how long it lasts.5South Dakota Legislature. South Dakota Codified Law 25-1-29 – Marriage Must Be Solemnized, Authenticated, and Recorded
What to Bring
Both applicants need to present valid identification and proof of age. The statute accepts any of the following:
- A valid, current passport.
- A federal, state, military, or tribal government photo ID.
- A certified birth certificate together with a school or employment photo ID.
- A certified birth certificate together with a completed IRS Form 4029, for applicants with a religious exemption from Social Security.
These categories come directly from the statute governing marriage license applications.6South Dakota Legislature. South Dakota Codified Law 25-1-10.1 – Application for Marriage License – Proof of Age and Identification Required – Name Changes A driver’s license is the most common choice. If either applicant is not a U.S. citizen, a valid passport is required.
Both applicants also provide their Social Security numbers. The application form states this is mandatory under SDCL 25-7A-56.2 and the federal Social Security Act, and the numbers are used by the Department of Social Services for child support enforcement purposes.7South Dakota Department of Health. South Dakota Marriage License Application
The application asks for each person’s full legal name, date of birth, and birth state or country, plus basic details about any prior marriages. The license fee is $40, set by statute.8South Dakota Legislature. South Dakota Codified Law 25-1-10 – License Required for Marriage – Fee – Disposition of Fees – Form – Certified Copies – Fee Payment methods vary by county, so call ahead if you need to know whether the office takes cards or only cash and checks.
Where and How to Apply
Both people must appear in person at any County Register of Deeds office in the state. The county doesn’t have to be the one you live in or the one where the ceremony will take place. Any South Dakota county works, and there is no residency requirement, so out-of-state couples can get a license and marry here without additional steps.9South Dakota Department of Health. Marriage Requirements
South Dakota does not require a blood test or a waiting period.10South Dakota Unified Judicial System. Marriage The Register of Deeds processes the application while you wait, and you leave with a valid license. A same-day ceremony is possible.
The license expires 90 days after issue.1South Dakota Legislature. South Dakota Code 25-1-24 – Time Allowed After License for Solemnization of Marriage If the ceremony hasn’t happened by then, the license becomes void and you’ll need to apply again and pay another $40. Time the application accordingly if the wedding date is several months out.
Who Can Perform the Ceremony
South Dakota law authorizes the following people to solemnize a marriage:
- Justices of the Supreme Court.
- Circuit court judges.
- Magistrates.
- Mayors, inside or outside their municipality’s boundaries.
- Any person authorized by a church to solemnize marriages.
That last category is broad and covers ordained ministers, priests, rabbis, and anyone else a religious organization has authorized to perform weddings.11South Dakota Legislature. South Dakota Codified Law 25-1-30 – Persons Authorized to Solemnize Marriages The statute does not require out-of-state officiants to register with a South Dakota county before performing a ceremony, though the officiant should be ready to verify their authorization if asked.
Two witnesses must be present. Before performing the marriage, the officiant is required to confirm the identity and ages of both parties and the names and places of residence of the two witnesses.3South Dakota Legislature. South Dakota Codified Laws 25-1 – Validity and Performance of Marriages Both witnesses sign the marriage certificate. South Dakota does not allow proxy marriages; both people must be physically present.
After the Ceremony
Once the ceremony is finished, the officiant has two duties: give the marriage certificate to the couple, and return the license and record of marriage to the County Register of Deeds within 10 days.12South Dakota Legislature. South Dakota Codified Law 25-1-35 – Certificate Delivered to Parties – Return to Register of Deeds This is the step where things sometimes go wrong. If the officiant forgets or delays, there will be no official record of the marriage, which creates problems for insurance enrollment, property transactions, and other paperwork.9South Dakota Department of Health. Marriage Requirements Follow up with the officiant within a few days to confirm the paperwork was submitted.
Once the marriage is recorded, you can order certified copies. Anyone listed on the certificate, their spouse, children, parents, guardian, or authorized representative may request one. Requests can be made in person at any Register of Deeds office or the State Office in Pierre, by mail, online through VitalChek, or by phone. The fee is $15 per certificate and is nonrefundable even if no record is located.13South Dakota Department of Health. Order Vital Records Order two or three copies at once; you’ll need them for name changes, banks, and other post-wedding updates.