4 Questions About Marriage For Minors In South Dakota

Question # 1 - What is the minimum age for consenting to a marriage?

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.

Question #2 - 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.

Question #3 - 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.

Question #4 - Does a minor need the consent of a parent or guardian to marry?

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.

Brooke Swier Schloss
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Family Law and Estate Planning attorney helping families across South Dakota plan and protect their loved ones