South Dakota Marriage License Requirements 2026: $40 Fee, No Wait

In South Dakota, the register of deeds in any county issues your marriage license, and the fee is $40 everywhere (SDCL 25-1-10). There is no waiting period for adults, and the license is void unless you marry within 90 days of issuance (SDCL 25-1-24). A 2026 law made the rules for 16- and 17-year-olds much stricter. Chapter 25-1 of the South Dakota Codified Laws (SDCL) governs.

For other states, see our guide to marriage license requirements by state.

Information last verified on October 7, 2026. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers getting a marriage license in South Dakota under chapter 25-1 of the South Dakota Codified Laws (SDCL), with procedures published by the Minnehaha County and Pennington County registers of deeds. It does not cover divorce, ordering older marriage records, common-law marriage, or the rules of other states.

Where to apply for a South Dakota marriage license

Any county register of deeds can issue your license. SDCL 25-1-10 says: "Previous to any marriage within this state, a license shall be obtained from the county register of deeds of any county." The statute does not tie the license to where you live or where you will marry.

The license works statewide. Minnehaha County (Sioux Falls) says a South Dakota license is effective throughout the state, so you can get it from any county's register of deeds. Minnehaha also notes that a South Dakota license cannot be used in another state.

Both of you must apply in person

SDCL 25-1-10.1 requires that "each applicant shall sign the marriage license application in person in the presence of the register of deeds" or a person the register appoints. Pennington County (Rapid City) says: "Both applicants must be present to purchase the marriage license."

The same section adds: "No person may use a power of attorney to obtain a marriage license." We did not find a South Dakota county that issues licenses online or remotely.

What to bring

SDCL 25-1-10.1 requires each of you to "provide valid personal identification and provide proof of age before issuance of the marriage license." One of these satisfies both:

• a valid passport;
• a federal, state, military or tribal photo ID;
• a certified birth certificate, along with a current school or employment photo ID; or
• a certified birth certificate, along with a completed U.S. Department of the Treasury Form 4029.

The application also carries a statement about domestic violence rights, which both of you sign (SDCL 25-1-10.2). Minnehaha County's application worksheets also ask for names, addresses, birth information and Social Security numbers, so have those ready. Chapter 25-1 has no residency requirement. If either of you was married before, that marriage must have been annulled or dissolved (see "Who cannot marry" below).

How much a South Dakota marriage license costs

The fee is $40 in every county. SDCL 25-1-10 sets it and splits it: "Ten dollars of the marriage license fee shall be retained by the county," and $30 is deposited in the county domestic abuse program fund.

Payment rules differ by county:

Minnehaha County says: "There is a cash fee of $40.00 required for a South Dakota marriage license. We are unable to accept credit cards, debit cards or checks for this fee." Your county's page is the final word on payment methods and hours, and they can change.

Waiting period and how long the license lasts

Adults have no waiting period. Pennington County says: "Waiting Period: No waiting period. License may be used the same day." The only statutory wait applies to minors (see the age section below).

The license lasts 90 days. SDCL 25-1-24: "Any marriage license issued under the provisions of this chapter shall become void unless the marriage is solemnized within ninety days following issuance." Minnehaha County notes that the 90-day period took effect on July 1, 2020 (Session Laws 2020, chapter 104), so older guides giving a shorter window are out of date.

Age requirements

Both of you must be 18 when the license is issued, unless the minor route in SDCL 25-1-13 applies. SDCL 25-1-9: "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."

The 2026 rules for 16- and 17-year-olds

South Dakota tightened its rules for minors effective July 1, 2026. The code on the South Dakota Legislature's website now carries amendments credited to Session Laws 2026, chapter 118 (Senate Bill 159), in sections 25-1-9, 25-1-13 and 25-1-13.1. The governor signed it on March 30, 2026. The act has no emergency clause, so under SDCL 2-14-16 it took effect on July 1, 2026.

Under the current text of SDCL 25-1-13, a license may issue to a minor only if both applicants are at least 16 and have obtained:

• A circuit court order. The court must determine "that the marriage is voluntary and in the best interest of the minor applicant," and a certified copy of the order goes to the register of deeds.
• Notarized written consent. If one applicant is a minor, consent comes from two parents of the minor or the minor's legal guardian. If both are minors, it comes from two parents of each, the legal guardian of each, or two parents of one and the legal guardian of the other.
• An age gap of four years or less. "A marriage license may not be issued under this section if the age difference between the applicants is greater than four years."

SDCL 25-1-13.1 sets the court process. The judge must hold an in-person hearing with both applicants present, meet privately with each, and make written findings on the minor's safety, maturity and long-term welfare and on whether the marriage is entered into freely, without coercion, fraud or undue influence. Then: "A marriage license may not be issued until thirty days after judicial approval is granted."

The Pennington and Minnehaha county pages we checked still describe the earlier parental-consent rule that the 2026 law replaced. Follow the statute, and confirm the paperwork with your register of deeds. For a minor's legal independence more generally, see South Dakota emancipation laws.

No one under 16 can marry: the minor route requires both applicants to be at least 16.

Who cannot marry in South Dakota

SDCL 25-1-6 makes these marriages "null and void from the beginning":

• parents and children, and ancestors and descendants of every degree;
• brothers and sisters of the half or whole blood;
• uncles and nieces, and aunts and nephews; and
• "cousins of the half as well as of the whole blood."

The section covers relationships "that arise through adoption," and applies whether the relationship is legitimate or illegitimate. SDCL 25-1-7 separately voids a marriage between a stepfather and stepdaughter or a stepmother and stepson.

A marriage by someone whose former spouse is living is void unless the earlier marriage was annulled or dissolved. The exceptions are a former spouse absent and not known to be living for five successive years, or generally reputed and believed dead (SDCL 25-1-8). Chapter 25-1 sets no waiting period after a divorce.

The code text of SDCL 25-1-1 still defines marriage as between "a man and a woman," and 25-1-38 excludes out-of-state marriages between two persons of the same gender. Those provisions cannot be enforced: in Obergefell v. Hodges, 576 U.S. 644 (2015), the US Supreme Court held that "same-sex couples may exercise the fundamental right to marry."

Blood tests

South Dakota does not require a blood test. The old test sections are repealed: 25-1-12 by Session Laws 1993, chapter 191, and 25-1-28 by Session Laws 2001, chapter 129. Pennington County confirms: "Blood Test: Not required in South Dakota."

What remains is education. Under SDCL 25-1-28.1, the register of deeds gives each applicant Department of Health materials "on topics related to sexually transmitted disease, HIV transmission, and prenatal care," with a list of places offering counseling and testing.

Who can officiate a wedding in South Dakota

SDCL 25-1-30 lists who may solemnize a marriage:

• a justice of the Supreme Court;
• a judge of the circuit court;
• a magistrate;
• a mayor, either within or outside the city that elected the mayor; and
• "any person authorized by a church to solemnize marriages."

We found no officiant registration requirement in chapter 25-1 and no official guidance on online ordination. If your officiant was ordained online, ask the register of deeds before the wedding.

Before the ceremony, the officiant must confirm, by personal knowledge or a photo ID, your identity, your full names and residences, and "the names and places of residence of the two witnesses" (SDCL 25-1-32). Plan on two witnesses.

Marrying without an officiant

South Dakota allows one narrow self-uniting route. Under SDCL 25-1-36, couples who marry under the creed or custom of a sect or denomination that dispenses with a minister must file the return of the marriage with the register of deeds themselves, within 30 days. Failing to do so is a petty offense.

Marrying without a license is a crime: the parties and everyone who helps are guilty of a Class 1 misdemeanor (SDCL 25-1-31). An officiant who performs a marriage knowing that a party under 18 has not met the SDCL 25-1-13 requirements, or that another legal impediment exists, is also guilty of a Class 1 misdemeanor (SDCL 25-1-33).

After the ceremony

The officiant gives you the marriage certificate and must "return, within ten days, the license and record of marriage to the county register of deeds" (SDCL 25-1-35). The Department of Health maintains the state's marriage records, and each county's local registrar files its records with the department at least monthly (SDCL 25-1-37).

Certified copies come from the county register of deeds, for a fee set under SDCL 34-25-52 (SDCL 25-1-10). Pennington County charges $15 per certified copy after the license is filed. For ordering copies later, see South Dakota marriage and divorce records or our guide on how to get a copy of your marriage certificate.

Choosing your married name

You pick your married name on the application. SDCL 25-1-10.1 says the choice is shown on the marriage certificate and serves "as a legal means for a name change," within these limits:

• "A first name may not be changed under this section."
• A middle name may change only if your surname is becoming your middle name.
• A surname may change only to your spouse's surname or your hyphenated surnames.

For anything outside those options, and for updating your records afterward, see name change after marriage and South Dakota name change laws.

Common myths about South Dakota marriage licenses

• "A 16- or 17-year-old can marry with a parent's signature." Not under the current code. The 2026 law requires a court order, a 30-day wait, notarized consent of two parents or a guardian, and an age gap of four years or less (SDCL 25-1-13, 25-1-13.1).
• "You have to marry in the county that issued the license." No. Any county can issue it, and it is valid throughout South Dakota.
• "A South Dakota license works in any state." No. Minnehaha County says it cannot be used in another state.
• "There is a waiting period or a blood test." Neither, for adults.
• "The license is good for 20 or 30 days." It has been 90 days since July 1, 2020 (SDCL 25-1-24).

Disclaimer: This article provides general legal information about South Dakota marriage licenses under chapter 25-1 of the South Dakota Codified Laws, verified on October 7, 2026. It is not legal advice. For your specific situation, contact the county register of deeds or a lawyer licensed in South Dakota.

Related

• Marriage license requirements by state
• North Dakota marriage license requirements
• Nebraska marriage license requirements
• South Dakota marriage and divorce records
• South Dakota common-law marriage
• South Dakota name change laws

Last updated: October 7, 2026.

Frequently Asked Questions

How much does a marriage license cost in South Dakota?

$40, set by SDCL 25-1-10 and the same in every county. Minnehaha County takes cash only; Pennington County takes cash, or a card with a $2.50 fee.

Is there a waiting period to get married in South Dakota?

Not for adults. Pennington County says the license may be used the same day. The only waiting period is for a minor: 30 days after court approval (SDCL 25-1-13.1).

How long is a South Dakota marriage license valid?

90 days. Under SDCL 25-1-24, the license becomes void unless the marriage is solemnized within 90 days after it is issued.

Can we get a marriage license in any South Dakota county?

Yes. SDCL 25-1-10 lets the register of deeds of any county issue it, and the license is valid throughout South Dakota. Minnehaha County notes it cannot be used in another state.

Do both of us have to be present to get a South Dakota marriage license?

Yes. SDCL 25-1-10.1 requires each applicant to sign the application in person before the register of deeds or an appointee, and bars using a power of attorney.

What ID do I need for a South Dakota marriage license?

A passport; a federal, state, military or tribal photo ID; or a certified birth certificate with a current school or employment photo ID or a completed U.S. Treasury Form 4029 (SDCL 25-1-10.1).

Can a 17-year-old get married in South Dakota?

Only with a circuit court order after an in-person hearing, a 30-day wait after approval, notarized consent of two parents or a legal guardian, and an age gap of no more than four years (SDCL 25-1-13, 25-1-13.1). No one under 16 can marry.

Can 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.

Does South Dakota require a blood test to get married?

No. The register of deeds only distributes Department of Health educational materials on sexually transmitted disease, HIV and prenatal care (SDCL 25-1-28.1).

Who can marry us in South Dakota?

A justice of the Supreme Court, a circuit judge, a magistrate, a mayor, or any person authorized by a church to solemnize marriages (SDCL 25-1-30).