South Dakota
South Dakota Marriage & Divorce Records: How to Get a Copy (2026)
South Dakota is one of the most closed states in the country for marriage and divorce records. State law says vital records filed in South Dakota are not open for public inspection, so ordering a copy starts with proving you are one of the people entitled to it.
Information last verified on 2026-08-04. This article has not yet been reviewed by a licensed lawyer.
This page is part of our guide to marriage and divorce records by state, and it covers what South Dakota's closed-records rule actually means in practice, who can get past it, and which office holds what.
South Dakota Vital Records Are Closed by Default
Most states restrict certified copies while leaving some kind of index or verification open. South Dakota starts from the opposite premise. The Department of Health's vital-records page states that by state law, vital records filed in the state of South Dakota are not open for public inspection.
The statute behind that is SDCL 34-25-52.6, which provides that to protect the integrity of vital records, ensure their proper use, and ensure the efficient and proper administration of the vital records system, no employee of the state vital records office, local registrar, or deputy registrar may permit inspection of any vital record or disclose information contained in any vital record or issue a copy of all or part of any such record unless authorized by this chapter or a court of competent jurisdiction.
Read that carefully, because it is broader than a fee rule. It forbids inspection and disclosure of information, not just issuance of certified copies. That is why South Dakota publishes no searchable marriage index and why a request that would be routine in Florida or Washington is refused here.
The two doors through the rule are the statutory eligibility list and a court order. If you cannot satisfy the first, the second is the actual path, not a figure of speech.
Who Can Order a South Dakota Marriage or Divorce Record
The Department publishes its eligibility list for certified copies: the registrant, meaning the individual listed on the record; a spouse or child; a parent or guardian; next of kin, which it defines as grandparents and siblings; an authorized agent such as an attorney, physician, or funeral director, with documentation where required; a designated agent, meaning someone given authority to act on behalf of a person who is entitled to the record; and a person with a personal or property right in the record not covered by the other categories.
That last category does real work. It is how an estate representative, a pension administrator, or someone litigating a claim that depends on a marriage gets access, and it requires explaining the right rather than simply asserting a relationship.
Identification is a hard requirement. The Department asks for a government-issued photo ID, whether state, tribal, or federal, and it accepts driver licenses, state ID cards, tribal IDs, passports, visas, and military IDs. If you do not have one, it publishes an alternative path using two documents from a specified list, including Social Security cards, utility bills, bank statements, pay stubs, and vehicle registration documents. That alternative matters in a state with substantial rural and tribal populations, and it is worth knowing it exists before assuming you cannot apply.
The Department also issues informational copies, which are printed on plain paper and marked for informational purposes only. Its eligibility page does not state a separate, looser requester list for those, so do not assume an informational copy is available to anyone who asks. Given the statute's breadth, ask the office directly what it will issue for your situation rather than planning around an assumption.
Divorce Certificate Versus Divorce Decree
South Dakota keeps this boundary clear, and it publishes it in one sentence. Divorce certificates can only be obtained from the State Office. Divorce decrees can only be requested from the Clerk of Courts in the county where the divorce was filed.
So the state's document proves the divorce happened. The court's document is the divorce itself, with the property division, support terms, and any custody provisions. If an agency, a lender, a retirement plan, or an immigration filing has asked for your decree, no amount of correspondence with the Department of Health will produce it.
Work out which one you need before paying either office. A name change, a remarriage license, or a benefits update generally clears with the state certificate. Anything that requires reading the terms requires the Clerk of Courts.
For the underlying law rather than the paperwork, see South Dakota divorce laws.
Fees and Ordering Channels
South Dakota uses a single flat fee across record types. The published schedule lists $15.00 for a certified or informational copy of a birth, death, marriage, or divorce record, a verification, or a notification that a record was searched.
That last item is worth noticing. You pay the same $15.00 whether the office finds your record or simply notifies you that it searched and found nothing, which is the usual arrangement but is stated unusually plainly here.
Orders can be placed in person, through the mail, online, or over the phone. For online ordering, the Department states that VitalChek is the only third-party vendor authorized by the South Dakota Department of Health to accept orders for South Dakota vital records. Treat every other site that offers South Dakota certificates as an unaffiliated reseller adding a markup to a request you can make yourself.
Older Records and Genealogical Research
The Department of Health's public pages describe what it issues without publishing a start year for its marriage and divorce holdings, and we were not able to confirm one on an official page, so we are not going to state a year we cannot source. If your event is old enough that you are unsure the state has it, ask the Vital Records Office in Pierre what its holdings cover for that period before applying, since the search fee is charged either way.
The South Dakota State Historical Society's archives hold vital-records-adjacent material, but access to the underlying records remains governed by the Department of Health rather than by ordinary archival access rules. That is consistent with the statute, which restricts disclosure rather than merely restricting who holds the paper, and it is why South Dakota genealogy for recent generations is harder than in most states.
County Clerks of Courts hold the divorce case files, which makes the courthouse the destination for anything that turns on the terms of a divorce. On the ordering side, the Department's order page states that mail and in-person orders for vital records may also be placed at county Register of Deeds offices, so a local Register of Deeds is a practical counter for placing a request rather than a separate archive with holdings of its own.
If you are researching a relationship that may never have produced a license, note that South Dakota does not recognize new common-law marriages formed in the state. See South Dakota common law marriage.
Related South Dakota Records
Death certificates run through the same office, the same $15.00 fee, and the same closed-records statute, covered in South Dakota death records. For the state's general records-request framework, which applies to government records other than vital records, see South Dakota public records laws.
If you are still deciding which document you need, see our guides to getting a copy of a marriage certificate and finding out if someone is married or divorced.
Disclaimer
This article provides general information about obtaining South Dakota marriage and divorce records. It is not legal advice. Fees, eligibility documentation standards, and ordering channels change without notice, so confirm current details with the South Dakota Department of Health or the county Clerk of Courts before relying on them. Consult a licensed South Dakota attorney for advice about your specific situation.
Last updated: 2026-08-04. Fees and access rules reflect their published status as of 2026-08-04.
Frequently Asked Questions
Are South Dakota marriage records public?
No. The Department of Health states that by state law, vital records filed in South Dakota are not open for public inspection. SDCL 34-25-52.6 bars vital-records staff from permitting inspection, disclosing information, or issuing copies unless authorized by the chapter or a court order.
Who can get a certified South Dakota marriage or divorce certificate?
The registrant, a spouse or child, a parent or guardian, next of kin meaning grandparents and siblings, an authorized agent such as an attorney, a designated agent, or a person with a personal or property right in the record.
How much does a South Dakota marriage or divorce record cost?
$15.00. The same fee covers a certified or informational copy of a birth, death, marriage, or divorce record, a verification, or a notification that the record was searched.
Where do I get a South Dakota divorce decree?
From the Clerk of Courts in the county where the divorce was filed. The state office issues divorce certificates only, and states that decrees can only be requested from the Clerk of Courts.
Does South Dakota use VitalChek?
Yes. The Department of Health names VitalChek as the only third-party vendor authorized to accept orders for South Dakota vital records. Orders can also be placed in person, by mail, or over the phone.
What ID do I need to order?
A government-issued state, tribal, or federal photo ID such as a driver license, state ID card, tribal ID, passport, visa, or military ID. If you do not have one, the Department accepts two documents from an alternative list including Social Security cards, utility bills, bank statements, pay stubs, and vehicle registration documents.
Can I search a South Dakota marriage index online?
No. The state does not publish a public index, which follows from the statutory rule that vital records are not open for public inspection.
What if I do not fit any eligibility category?
SDCL 34-25-52.6 allows disclosure when authorized by a court of competent jurisdiction, so a court order is the remaining route. That is a real mechanism in South Dakota rather than a formality, because the general restriction is unusually broad.
Is the $15.00 fee refunded if no record is found?
No. The published schedule prices a notification that a record was searched at the same $15.00, so confirm names, dates, and the county before applying.
Updates
Independently fact-checked against the cited primary sources
Sources and References
- South Dakota Department of Health, Vital Records(doh.sd.gov).gov
- South Dakota Department of Health, Order Vital Records(doh.sd.gov).gov
- South Dakota Department of Health, Vital Records Eligibility and Identification(doh.sd.gov).gov
- South Dakota Department of Health, Vital Records Fees(doh.sd.gov).gov
- SDCL 34-25-52.6 (disclosure, inspection, or copying of vital records)(sdlegislature.gov).gov