The Swier Law Firm Family Law FAQs
Have questions? We have answers! Our South Dakota attorneys answer the questions they hear most often from clients just like you.
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How can a married couple hold property in South Dakota?
A married couple can hold real or personal property together as joint tenants or tenants in common.
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What obligations come with being married in South Dakota?
After getting married, a husband and wife contract toward each other the obligations of mutual respect, fidelity, and support.
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Where is my South Dakota marriage license kept?
The South Dakota Department of Health maintains marriage licenses issued and records of marriages solemnized in South Dakota.
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Who can solemnize a marriage in South Dakota?
A marriage can be solemnized by a justice of the Supreme Court, a judge of the circuit court, a magistrate, a mayor, or any person authorized by a church to solemnize marriages.
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In South Dakota, what information does the county register of deeds need to provide at the time I request a license?
At the time an application for a marriage license is filed, the register of deeds must provide to each person certain educational materials on topics related to sexually transmitted disease, HIV transmission, and prenatal care. The information must also include a list of locations where counseling and testing services are available.
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In South Dakota, how much time is allowed for the solemnization of a marriage after a license is issued?
A marriage license becomes void unless the marriage is solemnized within twenty days after the license is issued by the county register of deeds.
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Does a minor need the consent of a parent or guardian to marry in South Dakota?
Yes. If either person is a minor, no marriage license can be granted unless the written consent of the person's parent or guardian is filed with the county register of deeds.
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In South Dakota, do I have to prove my age before I can receive a marriage license?
Yes. To obtain a marriage license, each person must sign the marriage application in person in the presence of the register of deeds or in the presence of a person appointed by the register to act in the register's behalf. Each person must provide proof of age before the marriage license can be issued. Proof of age can be satisfied by providing a certified copy of a birth certificate or any photographic identification which includes the person's name and date of birth.
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In South Dakota, is there a licensing fee required to get married?
Yes. Before you can get married in South Dakota, you have to obtain a license from the county register of deeds and pay a fee of forty dollars.
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What is the minimum age for consenting to a marriage in South Dakota?
In South Dakota, any unmarried person who is eighteen years old or older, and who is not otherwise disqualified, is capable of consenting to a marriage. However, if either person is between the age of sixteen and eighteen, he or she must provide the county register of deeds with a notarized statement of consent to marry from one parent or legal guardian.