South Dakota Marriage Laws | § 25-1-8

South Dakota Codified Laws 25-1-8

Bigamous marriage void--Former spouse absent or believed dead.

A subsequent marriage contracted by any person during the life of a former husband or wife of such person with any person other than such former husband or wife, is null and void from the beginning, unless the former marriage has been annulled or dissolved, or unless such former husband or wife was absent and not known to such person to be living for the space of five successive years immediately preceding such subsequent marriage, or was generally reputed and was believed by such person to be dead at the time such subsequent marriage was contracted, in either of which cases the subsequent marriage is valid until its nullity is adjudged by a competent tribunal.

SDC 1939, § 14.0106 (3)

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§ 25-1-35 Certificate delivered to parties--Return to register of deeds.
§ 25-1-37 Record maintained by Department of Health--Entry as evidence of marriage--Local registrar to file records with department.
§ 25-1-30 Persons authorized to solemnize marriages.
§ 25-1-10.1 Application for marriage license--Proof of age required.
§ 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.
§ 25-1-36 Return of marriage performed without person authorized to perform--Failure as petty offense.
§ 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.
§ 25-1-31 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.
§ 25-1-38 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.
§ 25-1-10.2 Application for marriage license--Required statement.