Marriage Ceremony Formalities in South Dakota
At a glance
| Who may solemnize | Supreme Court justice, circuit judge, magistrate, mayor, or person authorized by a church (§ 25-1-30). |
|---|---|
| Appointment or registration route | § 25-1-30 recognizes church authorization and states no separate one-day state appointment or registration. |
| License and ceremony timing | License required before marriage; void unless solemnized within 90 days of issue (§§ 25-1-10, -24). |
| Required declaration or form | Consent must be to a marriage commencing at once; it may be manifested in any form (§§ 25-1-2, -5). |
| Attending witnesses | Before ceremony, solemnizer ascertains names and residences of the two witnesses (§ 25-1-32). |
| Religious or self-uniting route | Parties in a sect whose custom dispenses with an officiant return their marriage themselves within 30 days (§ 25-1-36). |
| Proxy or remote presence | §§ 25-1-30 to -36 state no express proxy or remote-ceremony route. |
| Who signs the certificate | Department of Health prescribes license/record form; § 25-1-32 identifies two witnesses, but cited sections do not enumerate certificate signers (§§ 25-1-10, -32, -35). |
| Return recipient and deadline | Officiant gives certificate to couple and returns license/record to county register of deeds within 10 days; party-led religious route returns within 30 days (§§ 25-1-35, -36). |
Requirements one by one
Solemnizers and present consent
A South Dakota Supreme Court justice, circuit court judge, magistrate, mayor, or person authorized by a church may solemnize a marriage (S.D. Codified Laws § 25-1-30). Consent must be to a marriage commencing immediately, rather than a future promise (§ 25-1-2), and may be manifested in any form (§ 25-1-5). Before performing the ceremony, the solemnizer must establish the parties' identities, names and residences, and the names and residences of two witnesses, through personal knowledge or photographic identification (§ 25-1-32).
License and return
A license must be obtained before marriage (§ 25-1-10) and becomes void unless the marriage is solemnized within 90 days of issue (§ 25-1-24). After the ceremony, the solemnizer gives the marriage certificate to the couple and returns the license and record of marriage to the county register of deeds within ten days (§ 25-1-35). The license and record form is prescribed by the Department of Health (§ 25-1-10).
What trips people up
When a sect or denomination's creed or custom dispenses with a minister or other authorized solemnizer, the married parties themselves must return the marriage to the county register of deeds within 30 days (§ 25-1-36). That differs from the solemnizer's ten-day record return.
Common questions
May someone authorized by a church officiate? Yes. Section 25-1-30 lists a person authorized by a church.
Do the witnesses sign the certificate? Section 25-1-32 directs the solemnizer to establish two witnesses' names and residences. The cited code provisions do not specify witness signatures on the certificate; the Department of Health prescribes the license and record form (§ 25-1-10).
Who files after a religious ceremony without an officiant? The married parties make the return themselves within 30 days (§ 25-1-36).
Statutes and sources
- S.D. Codified Laws §§ 25-1-2, -5, -10, -24, -30, -32, -35 and -36. Verbatim current text, official section URLs and access dates appear in the source fields above.
Source links
Every statute quoted above, linked, with the date we checked it.
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