§ 25-1-1 Marriage defined–Consent and solemnization required
§ 25-1-2 Present consent to marriage required
§ 25-1-5 Manifestation and proof of consent and consummation of marriage
§ 25-1-6 Incestuous marriages void
§ 25-1-7 Marriage with stepchild void
§ 25-1-8 Bigamous marriage void–Former spouse absent or believed dead
§ 25-1-9 Age of consent to marriage with and without parental consent
§ 25-1-10 License required for marriage–Fee–Disposition of fees–Form–Certified copies–Fee
§ 25-1-10.1 Application for marriage license–Proof of age and identification required–Name changes
§ 25-1-10.2 Application for marriage license–Required statement
§ 25-1-11 Issuance of license to unqualified persons prohibited
§ 25-1-13 Consent of parent or guardian required for marriage of minor–Memorandum in record book
§ 25-1-15 Unlawful issuance of license as misdemeanor
§ 25-1-24 Time allowed after license for solemnization of marriage
§ 25-1-28.1 Distribution of HIV educational material before license issued
§ 25-1-29 Solemnization and recording of marriages required–Common-law marriages prior to 1959 not invalidated
§ 25-1-30 Persons authorized to solemnize marriages
§ 25-1-31 Solemnization of marriage without license as misdemeanor
§ 25-1-32 Identity and ages of parties to be established before solemnization of marriage
§ 25-1-33 Solemnization of marriage between unauthorized persons as misdemeanor
§ 25-1-35 Certificate delivered to parties–Return to register of deeds
§ 25-1-36 Return of marriage performed without person authorized to perform–Failure as petty offense
§ 25-1-37 Record maintained by Department of Health–Entry as evidence of marriage–Local registrar to file records with department
§ 25-1-38 Validity of marriages contracted outside state–Same-sex marriages excluded
§ 25-1-39 Marriage voidable if party physically incapable or consent obtained by fraud or force
§ 25-1-40 Marital rights not restored by pardon from life sentence
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Terms Used In South Dakota Codified Laws > Title 25 > Chapter 1 - Validity and Performance of Marriages

  • Children: includes children by birth and by adoption. See South Dakota Codified Laws 2-14-2
  • Contract: A legal written agreement that becomes binding when signed.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fraud: Intentional deception resulting in injury to another.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Petty offense: A federal misdemeanor punishable by six months or less in prison. Source: U.S. Courts
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2