South Dakota Annulment Laws: Grounds, Deadlines and How to File

South Dakota calls it an annulment: a marriage "may be annulled by an action in the circuit court to obtain a decree of nullity" under SDCL 25-3-1. Chapter 25-3 gives each ground its own section with its own filer, deadline and cohabitation bar, and separate statutes in chapter 25-1 declare some marriages void from the beginning.

Information last verified on 2026-10-08. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers civil annulment in South Dakota under SDCL chapter 25-3 (Annulment of Marriage) and the void and voidable marriage sections of chapter 25-1, with the 2026 marriage-age amendments. It does not cover South Dakota case law on annulment, property division after an annulment, name changes, putative-spouse claims, or other states' law. For ending a valid marriage, see South Dakota divorce laws.

Can you get an annulment in South Dakota?

Yes. SDCL chapter 25-3, "Annulment of Marriage," runs from 25-3-1 to 25-3-12. Its first section reads:

"A marriage may be annulled by an action in the circuit court to obtain a decree of nullity if the former husband or wife of either party was living at the time of the marriage, and the marriage with such former husband or wife was then in force."

Later sections in the chapter add the other grounds, each naming who may file and setting a time limit, and cover children, custody, maintenance, and whom the judgment binds.

Void and voidable marriages in South Dakota

South Dakota's statutes use both categories.

Void from the beginning. Three sections in chapter 25-1 declare marriages "null and void from the beginning":

• Bigamy (SDCL 25-1-8). A later marriage made while a former husband or wife is alive is void unless the earlier marriage was annulled or dissolved. There is an exception: if the former spouse was absent and not known to be living for five successive years before the new marriage, or was generally reputed and believed to be dead, "the subsequent marriage is valid until its nullity is adjudged by a competent tribunal."
• Close relatives (SDCL 25-1-6). Marriages between parents and children, ancestors and descendants of every degree, brothers and sisters, uncles and nieces, aunts and nephews, and "cousins of the half as well as of the whole blood," whether the relationship is legitimate or illegitimate. The section adds that these relationships "include such relationships that arise through adoption."
• Stepparents (SDCL 25-1-7). "Every marriage of a stepfather with a stepdaughter or a stepmother with a stepson is null and void from the beginning."

Voidable. SDCL 25-1-39 provides: "If either party to a marriage be incapable from physical causes of entering into the marriage state or if the consent of either be obtained by fraud or force, the marriage is voidable." Chapter 25-3 adds two more annulment grounds, unsound mind and underage marriage without parental consent, which 25-1-39 does not label.

Grounds, who may file, and deadlines

Read each row with its bar column: a deadline is not the only way a claim can be lost.

Two grounds are tied to death or life. An unsound-mind claim must be brought "before the death of either party," and a spouse's claim based on a living former spouse runs during the life of the other. This page does not cover how a death affects the other grounds.

This page does not cover who may file, or within what time, to annul a marriage that is void under the kinship rules in 25-1-6 or 25-1-7.

Underage marriage: the 2026 changes

South Dakota changed its marriage-age law in 2026. Senate Bill 159 (SL 2026, ch 118) was signed by the Governor on March 30, 2026. As amended, SDCL 25-1-9 provides that "no marriage may be contracted in this state unless both individuals applying for the marriage license have attained the age of eighteen at the time the marriage license is issued," except as provided in 25-1-13.

Under the amended SDCL 25-1-13, 16- and 17-year-olds may marry only through the route that section sets: a circuit court order finding the marriage voluntary and in the minor's best interest, or the notarized consent of two parents or a guardian. No license may issue if the applicants' ages differ by more than four years.

SDCL 25-1-13.1 sets out the court process: an in-person hearing, private meetings with each applicant, and written findings. It ends: "A marriage license may not be issued until thirty days after judicial approval is granted."

The enrolled act has no effective-date or emergency clause, so under SDCL 2-14-16 it took effect on July 1, 2026. The underage annulment ground in 25-3-4 still refers to "the age of legal consent," and this page does not cover how the 2026 age changes interact with that ground.

How to file for an annulment in South Dakota

The case is filed in circuit court (SDCL 25-3-1). Each ground names who may bring it, so check the table above before filing.

Residency: chapter 25-3 does not state a residency requirement for annulment. The residency statute, SDCL 25-4-30, is worded for "an action for divorce or separate maintenance." Ask the clerk of the circuit court or a South Dakota lawyer what the court will require.

Forms: this page does not cover court forms for annulment. Under SDCL 25-3-12, annulments are reported to the Department of Health.

Children after an annulment

SDCL 25-3-3 protects children in two situations:

"Where the marriage is annulled on the ground that a former husband or wife was living, or on the ground of mental illness, children begotten before the judgment are legitimate and succeed to the estate of both parents."

That section names only those two grounds. This page does not cover the status of children after an annulment on other grounds.

For custody, SDCL 25-3-11 lets the court, "before or after judgment, give such direction for the custody, care, and education of the children of the marriage as may seem necessary or proper," and the court "may at any time vacate and modify the same." See South Dakota child custody laws for how custody is decided.

Maintenance, property and premarital agreements

Maintenance. SDCL 25-3-10 provides: "When an annulment is granted pursuant to this chapter, the court may provide for such maintenance of a former spouse as the court may deem just and may, at any time, vacate or modify such maintenance."

Property. Chapter 25-3 has no property-division section, and the equitable division statute, SDCL 25-4-44, is worded "When a divorce is granted." This page does not cover whether or how a South Dakota court divides property after an annulment.

Premarital agreements. If a marriage is determined to be void, SDCL 25-2-22 provides that "an agreement that would otherwise have been a premarital agreement is enforceable only to the extent necessary to avoid an inequitable result."

Who is bound by an annulment judgment

SDCL 25-3-9 limits the decree's reach: "A judgment of nullity of marriage is conclusive only as against the parties to the action and those claiming under them."

Annulment vs. divorce in South Dakota

Under SDCL 25-4-1, "Marriage is dissolved only: (1) By the death of one of the parties; or (2) By the judgment of a court of competent jurisdiction decreeing a divorce of the parties." A divorce ends a valid marriage; an annulment is a decree of nullity based on a defect that existed when the couple married. For divorce grounds, see South Dakota divorce laws.

Church annulment is a separate process

A religious annulment and a court annulment are separate processes. A church decision does not by itself change a person's civil marital status; only a court decree does that.

Disclaimer: This article provides general legal information about civil annulment under South Dakota law, SDCL chapter 25-3 and related sections of chapters 25-1, 25-2 and 25-4. It is not legal advice. The information was verified on 2026-10-08, and the law can change. For advice about a specific marriage, consult a lawyer licensed in South Dakota or the clerk of the circuit court.

Related

• Annulment laws in every state
• South Dakota divorce laws
• South Dakota child custody laws
• South Dakota common-law marriage
• South Dakota marriage and divorce records

Last updated: 2026-10-08.

Frequently Asked Questions

What are the grounds for annulment in South Dakota?

SDCL chapter 25-3 allows annulment for a living former spouse (25-3-1), unsound mind (25-3-2), underage marriage without parental consent (25-3-4), force (25-3-5), fraud (25-3-6) and incurable physical incapacity (25-3-8). Incestuous and stepparent marriages are void under 25-1-6 and 25-1-7.

How long do you have to get an annulment in South Dakota?

Fraud claims must be filed within four years after discovering the facts, force and physical-incapacity claims within four years after the marriage, and unsound-mind claims before either spouse dies (SDCL 25-3-2 to 25-3-8).

Can you annul a marriage in South Dakota after living together?

For unsound mind, underage marriage, force and fraud, freely cohabiting as spouses after the problem ends or becomes known bars the claim (SDCL 25-3-2, 25-3-4, 25-3-5, 25-3-6). Section 25-3-8 on physical incapacity states no such bar.

Can first cousins marry in South Dakota?

No. SDCL 25-1-6 makes marriages between cousins of the half or whole blood null and void from the beginning, including relationships that arise through adoption.

Can a court award maintenance after an annulment in South Dakota?

Yes. SDCL 25-3-10 lets the court provide such maintenance of a former spouse as it deems just, and it may vacate or modify that maintenance at any time.

What is the marriage age in South Dakota?

Under SDCL 25-1-9 as amended by Senate Bill 159, signed March 30, 2026 and effective July 1, 2026, both applicants must be 18 when the license is issued, except that 16- and 17-year-olds may marry under the conditions in 25-1-13 and 25-1-13.1.