South Dakota Wedding Laws
South Dakota can be the setting for a monumental wedding — literally. While you cannot get married on top of Mount Rushmore, you can have the wedding on the grounds of the national monument. With the proper permissions, you can also get married on top of the Crazy Horse Memorial, another stone monument that is still under construction. South Dakota also offers other unique wedding venues, such as in the middle of a lake or deep underground in a cave. Whether you are planning a ceremony that is traditional or a little out of the ordinary, you still need to comply with the state's requirements for a legally binding ceremony.
Getting Married in South Dakota
- Marriage By Proxy Allowed:
- No
- Minister Required to be Present:
- Yes
- Number of Witnesses Required:
- 2
- Min. Age of Witnesses:
- None
- Couple's Consent Required:
- Yes
- Pronouncement Required:
- Yes
While South Dakota weddings can be unique, there are certain requirements that must be met for the marriage to be legally binding. Apart from the minister, the ceremony must take place in front of two witnesses. The minister must confirm the names and addresses of the couple and witnesses alike, and all parties must be physically present at the ceremony for the marriage to be valid.
Otherwise, the marriage requirements are very basic. The minister must make a pronouncement that the couple are married after they each express consent to the marriage by saying "I do," or an equivalent.
S.D. Codified Laws § 25-1-32. Identity and ages of parties to be established before solemnization of marriage.
Before performing the marriage ceremony, the person solemnizing a marriage shall ascertain by personal knowledge or by requesting a photographic identification:
(1) The identity of the parties;
(2) Their real and full names and places of residence; and
(3) The names and places of residence of the two witnesses.
South Dakota Marriage Requirements
- Min. Age of Couple:
- Age 18 or Age 16 with Guardian Consent
- Residency:
- Not Required
- Min. Distance of Kin Allowed:
- Second Cousins
- Marriage Equality:
- Yes
South Dakota is a hospitable state, happy to welcome visitors from other placed inside and outside of the US. There are no residency requirements and no restrictions on marriages for LGBT+ couples.
There are age restrictions that you must meet for your South Dakota wedding to be valid. Both you and your spouse-to-be must be at least 18 years old to consent to the marriage. Minors between the ages of 16 and 18 must receive the consent of a parent or legal guardian in the form of a notarized statement. This is then submitted to the register of deeds, and an exception may be made allowing the minors to marry.
There are also restrictions on unions between siblings or cousins of the half and whole blood, parents and children, and ancestors and descendants. The law does not make a distinction between adoptive relationships for the purpose of defining these familial relationships.
S.D. Codified Laws § 25-1-6. Incestuous marriages void.
Marriages between parents and children, ancestors and descendants of every degree, and between brothers and sisters of the half as well as the whole blood, and between uncles and nieces, or aunts and nephews, and between cousins of the half as well as of the whole blood, are null and void from the beginning, whether the relationship is legitimate or illegitimate. The relationships provided for in this section include such relationships that arise through adoption.
S.D. Codified Laws § 25-1-9. Age of consent to marriage with and without parental consent.
Any unmarried applicant for a marriage license who is eighteen years old or older, and who is not otherwise disqualified, is capable of consenting to and consummating a marriage. If either applicant for a marriage license is between the age of sixteen and eighteen, that applicant shall submit to the register of deeds a notarized statement of consent to marry from one parent or legal guardian of the applicant.
How to Become a Wedding Officiant in South Dakota
- Min. Age of Minister:
- Age 18
- Residency:
- Not Required
- Document(s) Required:
- Varies by County
- Online Ordination Recognized:
- Yes
- Relevant Office of Registration:
- County Register
- Latest Document(s) Submission Date Allowed:
- After Ceremony
- Minister I.D. # Issued:
- No
The minister's belief system, gender, or residence does not have any bearing on his or her eligibility to perform a wedding ceremony as long as he or she meets the other legal requirements. The most basic requirement is that an officiant wishing to preside over a wedding in South Dakota must be at least 18 years old. Mayors, judges, magistrates, and justices all have the authority to solemnize marriages in South Dakota, as to people to whom a church has granted the authority.
While you are eligible to perform a wedding in South Dakota as a minister ordained online by the Universal Life Church, the office of the county clerk may ask to see your documentation. If you purchase the Classic Wedding Package from ULC, it includes legal proof of ordination that you can produce upon request.
S.D. Codified Laws § 25-1-30. Persons authorized to solemnize marriages.
Marriage may be solemnized by a justice of the Supreme Court, a judge of the circuit court, a magistrate, a mayor, either within or without the corporate limits of the municipality from which the mayor was elected, or any person authorized by a church to solemnize marriages.
Applying For a Marriage License in South Dakota
- ULC-Officiated Ceremony Type:
- Religious
- Mandatory Waiting Period:
- 24 Hours
- License Valid For:
- 20 Days
- License Must Be Submitted:
- Within 10 Days of Ceremony
Once you receive your South Dakota marriage license, you have to wait at least 24 hours before the wedding can take place. After the initial waiting period, the license remains valid for 20 days from the date of issuance. Once the ceremony has taken place, the minister must return the original license and completed certificate to the register of deeds that issued it within 10 days.
S.D. Codified Laws § 25-1-24. Time allowed after license for solemnization of marriage.
Marriage licenses issued under the provisions of this chapter shall become void and of no effect unless the marriage be solemnized within twenty days following the issuance thereof.
S.D. Codified Laws § 25-1-35. Certificate delivered to parties--Return to register of deeds.
After performing the ceremony, the person solemnizing the marriage shall deliver the marriage certificate to the persons married and return, within ten days, the license and record of marriage to the county register of deeds.
How to Get a South Dakota Marriage License
- Who Picks Up License:
- The Couple
- Where License is Valid:
- Any County in South Dakota
- Marriage License Pick-Up:
- In Person Only
- Cost of License:
- $40.00
- Accepted I.D. Types:
- Photo ID or Birth Certificate
- Proof of Divorce Required (If Applicable):
- No
- Blood Test Required:
- No
South Dakota marriage licenses are furnished by the state Department of Health. However, you have to apply for your license at the Register of Deeds of the county of your choice. You will be required to bring proof of your identities and ages in the form of either birth certificates or photo identifications and apply for the license in person.
The fee for obtaining a South Dakota marriage license is $40, of which $30 will go to support the domestic abuse program for the county and $10 will go into the general county fund. Obtaining a South Dakota marriage license with a power of attorney is against the law.
S.D. Codified Laws § 25-1-10. License required for marriage--Fee--Disposition of fees--Form--Certified copies--Fee.
Previous to any marriage within this state, a license shall be obtained from the county register of deeds of any county, the fee for which is forty dollars. Ten dollars of the marriage license fee shall be retained by the county in which the fee is collected and placed in the county general fund. Thirty dollars of the marriage license fee shall be deposited in the county domestic abuse program fund. The license and record of marriage form shall be prescribed and furnished by the Department of Health. Certified copies of the marriage record shall be furnished by the county register of deeds for a fee established pursuant to § 34-25-52 and such fee shall be retained by the county in which the fee is collected and placed in the county general fund.
S.D. Codified Laws § 25-1-10.1. Application for marriage license--Proof of age required.
To obtain a marriage license, each applicant shall sign the application in person in the presence of the register of deeds or in the presence of a person duly appointed by the register to act in the register's behalf. Each applicant shall provide proof of age prior to issuance of the marriage license. Proof of age may be satisfied by providing a certified copy of a birth certificate or any photographic identification which includes the applicant's name and date of birth. No person may use a power of attorney to obtain a marriage license.
Finalizing the Union
- Officiant's Title on Marriage License:
- Minister
- Church/Ordaining Body:
- Universal Life Church Ministries
- Address of Church:
- Minister's Home Address
The minister has 10 days after the ceremony in which to complete the marriage certificate and return it with the original license to the county register of deeds. If asked for the address of the ministry, the officiant can enter his or her home address and identify "Universal Life Church Ministries" as the name of the church he or she is ordained by.