📅 2026 Update: Recent Developments in South Dakota Marriage Laws

Since the original article was published, several important changes have occurred in South Dakota's marriage laws. These updates include a proposed increase in the minimum marriage age and revisions to existing laws regarding marriage certificates. The earlier article continues further down the page.

🏛️ 2025 Minimum Marriage Age Proposal

In 2025, Senate Bill 156 was introduced to raise the minimum marriage age from 16 to 18 years. This change aims to ensure that minors are better protected and make informed decisions regarding marriage. If passed, this bill would significantly alter the landscape of marriage eligibility in South Dakota.

📜 Changes to Marriage Certificate Laws

House Bill 1238A was introduced in 2023 to revise certain provisions related to marriage certificates and divorce. While the specifics of these revisions are not detailed, they indicate ongoing efforts to streamline and modernize marriage laws in the state. Such changes may impact how couples obtain and manage their marriage records.

💍 Definition of Marriage Update

In 2023, House Bill 1092 aimed to revise the definition of marriage in South Dakota. Currently, the law defines marriage as a personal relation between a man and a woman. This bill reflects the state's ongoing discussions about marriage rights and definitions, particularly in light of broader national changes.

💵 Current License Fees

The marriage license fee remains at $40. Some Registers of Deeds may only accept cash or traveler's checks. Couples should call ahead to verify acceptable payment methods to avoid any surprises during the application process.

📅 Important Deadlines

Couples should be aware that a marriage must be solemnized within 90 days of obtaining the license. Additionally, the officiant must return the marriage license to the Register of Deeds office within 10 days after the ceremony. These deadlines are crucial to ensure that the marriage is officially recognized.

📌 Key Points to Remember

  • 🏛️ Proposed increase of minimum marriage age to 18.
  • 📜 Ongoing revisions to marriage certificate laws.
  • 💍 Potential changes to the definition of marriage.
  • 💵 Marriage license fee remains $40.
  • 📅 Important deadlines for solemnization and license return.

💡 Tips for Navigating Marriage Laws in South Dakota

Review your unique situation with an attorney to understand how current laws apply to you.

📋 Obtain Your Marriage License Application

Couples should start by obtaining the marriage license application. This can be done at any South Dakota County Register of Deeds office or online. Gathering the necessary paperwork early will help avoid delays.

🆔 Provide Proper Identification

When applying for a marriage license, you need to provide acceptable forms of identification. Options include a passport, military ID, or a certified birth certificate along with a current school or employment photo ID.

💵 Prepare for Application Fees

The marriage license fee is $40, paid at the time of application. It's essential to confirm acceptable payment methods with your local Register of Deeds, as some offices may only accept cash or traveler's checks.

🗓️ Know the Solemnization Timeline

After obtaining your marriage license, keep in mind that you must have your marriage solemnized within 90 days. Failing to do so will require you to reapply for a new license.

🏢 Return the License Promptly

After the ceremony, the officiant is responsible for returning the marriage license to any South Dakota Register of Deeds office within 10 days. This step is crucial for the marriage to be officially recorded.

❓ Frequently Asked Questions

❓ What are the age requirements for marriage in South Dakota?

In South Dakota, the minimum age to marry is 16. Applicants aged 16 or 17 need parental consent or a court order to marry.

📝 How can I obtain a marriage certificate after the ceremony?

After your wedding, you can apply for a marriage certificate through the county Register of Deeds office or online. A certified copy of your marriage record is available for a fee.

⏳ How long is a marriage license valid in South Dakota?

A marriage license in South Dakota is valid for 90 days from the date of issuance. Couples must solemnize their marriage within this period.

👩‍⚖️ Who can solemnize marriages in South Dakota?

Marriage can be solemnized by a justice of the Supreme Court, a circuit court judge, a magistrate, a mayor, or any person authorized by a church.

📞 What should I do if my marriage license is lost?

If your marriage license is lost, contact the Register of Deeds office where you applied. They can provide guidance on obtaining a duplicate or new license.

👨‍👩‍👦 Are there resources for couples planning to marry?

Yes, the South Dakota Department of Health and the South Dakota Unified Judicial System offer resources and information on marriage requirements and family law matters. Couples can benefit from these free services.

⚖️ Recent Cases Involving Marriage Laws

Recent court rulings related to marriage laws in South Dakota reflect ongoing changes and interpretations of marriage rights. These rulings can shape future legislation and impact couples navigating marriage laws in the state.

For the latest in legal changes and interpretations, check out more rulings on the news page.

End of October 2026 Update






 



South Dakota has legally banned gay marriage, civil unions and domestic partnerships. In November of 2006, the measure passed by a public vote of fifty two percent.  Article XXI clearly states that South Dakota shall not legally recognize any relationship, other than a union of a man and a woman. 



In addition, the state had also adopted the Defense of Marriage Act. Combined, the act and amendment explicitly deny any legal rights or recognition of any other relationship besides marriage. In South Dakota, marriage laws could not be any clearer in denying rights to the LGBT community. In addition, South Dakota law on marriage only recognize out of state marriages between an opposite sex couple.

Gay Marriage Laws in South Dakota


In South Dakota, gay couples have no entitlement to any rights or responsibilities afforded to married couples. In fact, same sex relationships can not be recognized in any form in South Dakota. Marriage laws prevent same sex couples from any entitlement to property without a will. In this case, a couple that has lived together would have difficulty in retaining the property as a whole, should one person pass away. 



For instance, if the Deed or Lease to a property is in one partners name and that partner passed away, the other partner has no legal entitlement to that property. In addition to not being able to own property jointly, same sex couples have no ability to make health care decisions for their partners. The same sample partner that lost property after the death of a partner,would have been unable to visit that partner in the ICU because they are not related. In essence, the inability to have a relationship legally recognized, prevents access to many basic rights for same sex couples.



In addition, South Dakota has no laws to protect members of the LGBT community from discrimination. However, larger private employers tend to have their own regulations regarding such discrimination and many forbid discrimination on the basis of sexual orientation or gender identity. Many studies suggest that openly gay employees, suffer harassment, as well as a decrease in pay do to public perception. In South Dakota, gay couples live without rights that are equal to other portions of the population.



In South Dakota, gay couples are unable to expect legal recognition of their relationship. In addition, discrimination and hate crime laws are seriously lacking in South Dakota.Marriage laws prevent same sex couples from obtaining even basic rights as they pertain to their relationship. In addition, when those individuals do suffer from discrimination, they have no legal recourse. In South Dakota, gay rights need more consideration by lawmakers and by the general public. 



In South Dakota, marriage's definition should be reconsidered to include unions between same sex couples. Allowing civil unions or domestic partnerships, would be the first step to obtaining equal rights for the LGBT community. In South Dakota, gay rights must first be applied to the most basic circumstances. In this way, laws can change to protect all citizens and their rights, equally.