South Dakota Marriage Laws | § 25-1-13

South Dakota Codified Laws 25-1-13

Marriage of minor--Court approval or parental consent--Age difference prohibition.

Except as provided in this section, a marriage license may be issued to two individuals, one of whom is a minor or both of whom are minors, provided that the individuals applying for the marriage license are at least sixteen years old and have obtained:

(1) A circuit court order following a determination by the court that the marriage is voluntary and in the best interest of the minor applicant, or minor applicants, as applicable, pursuant to § 25-113.1, a certified copy of which must be submitted to the register of deeds;

(2) If only one applicant is a minor, written consent, notarized and submitted to the office of the county register of deeds, from:

(a) Two parents of the minor; or

(b) The legal guardian of the minor; or

(3) If both applicants are minors, written consent, notarized and submitted to the office of the county register of deeds, from:

(a) Two parents of each minor;

(b) The legal guardian of each minor; or

(c) Two parents of one minor and the legal guardian of the other minor.

A marriage license may not be issued under this section if the age difference between the applicants is greater than four years.

SDC 1939, § 14.0113; SL 1988, ch 202, § 3., SB159 amended July 2026

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More South Dakota Marriage Laws

§ 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.
§ 25-1-13 Marriage of minor--Court approval or parental consent--Age difference prohibition.
§ 25-1-13.1 Marriage of minor--Court approval process--Written findings--Thirty-day waiting period.
§ 25-1-30 Persons authorized to solemnize marriages.
§ 25-1-10.1 Application for marriage license--Proof of age required.
§ 25-1-9 Age of consent to marriage with and without parental consent.
§ 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.
§ 25-1-10 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.
§ 25-1-33 Solemnization of marriage between unauthorized persons as misdemeanor.
§ 25-1-11 Issuance of license to unqualified persons prohibited.
§ 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.
§ 25-1-38 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.