Get Answers to Your Highest Priority South Dakota Legal Questions
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How is a marriage defined under South Dakota law?
In South Dakota, marriage is a personal relation, between a man and a woman, arising out of a civil contract to which the consent of parties capable of making it is necessary. Consent alone does not constitute a marriage; it must be followed by a solemnization.
How old do you have to be to get married in South Dakota?
In South Dakota, any person who is eighteen years of age or older, and who is not otherwise disqualified, is capable of getting married. If either applicant for a marriage license is between the age of sixteen and eighteen, that applicant must submit to the county register of deeds a notarized statement of consent to marry from one parent or legal guardian of the applicant.
I am seventeen years old and want to get married in Brookings, South Dakota. Do I need my parents' permission?
Yes. In South Dakota, if you are seventeen years old or younger, you cannot receive a marriage license without the written consent of your parent or guardian.
Does South Dakota recognize a same-sex marriage from another state?
No. South Dakota does not recognize a marriage between two persons of the same gender which was contracted from another state.
What are the two ways that a marriage can be dissolved in South Dakota?
In South Dakota, a marriage can only be dissolved in two ways:
- By the death of one of the parties; or
- By the judgment of a court of competent jurisdiction decreeing a divorce of the parties.
What is the average age of a child waiting for adoption in South Dakota?
According to the South Dakota Department of Social Services, the average age of a child waiting to be adopted is 9 years of age.
What is the Interstate Compact on the Placement of Children?
The Interstate Compact on the Placement of Children is a law in all 50 states (including South Dakota), Washinton, D.C. and the Virgin Islands. It applies to the placement of minor children made from one state to another by public and private agencies, the courts, independent placers (i.e., physicians and attorneys), and individuals.
Excluded from the Compact requirements are close relatives, such as parents, step-parents, grandparents, adult brothers and sisters, adult uncles and aunts, and unrelated legal guardians who both send and receive the child. Also excluded are placements into educational and medical facilities.
Does the South Dakota Department of Social Services pay attorney fees for adoption finalization?
Yes. The South Dakota Department of Social Services does pay attorney fees for adoption finalization of children that are placed through the Department. Non-recurring adoption expenses are covered by Child Protection Services for special needs children up to $1,500, which is a one-time-only fee.
What happens if we move from South Dakota to another state and we have an adoption subsidy or Medicaid with the Department of Social Services?
You should notify the Department of your new address and phone number. The Department will transfer Medicaid to the new state. You will continue to receive the monthly subsidy payment.
Do I really need help with my mother's probate in South Dakota or can I just do it on my own?
You can certainly do your mother's probate in South Dakota on your own. However, probate can often be complicated and you should seriously consider hiring a South Dakota probate attorney to make sure the process is done correctly.
Of course, when trying to find a South Dakota probate attorney, you should make sure he/she is licensed in South Dakota and has experience in probate issues.