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South Dakota Legal Guide - Updated May 2026

South Dakota Marriage License Requirements 2026

Everything you need to legally marry in South Dakota: $40 license fee, None waiting period, 90 days validity, minimum age 18, 2 witnesses witnesses required. Apply at the Register of Deeds.

South Dakota Marriage License: Quick Facts

License Fee$40
Waiting PeriodNone
Validity90 days
Minimum Age18 (16 with consent)
Witnesses2 witnesses
Apply AtRegister of Deeds
Residency RequiredNo
Blood TestNot required

How Much Is a Marriage License in South Dakota?

A marriage license in South Dakota costs $40. This is the standard fee charged by the Register of Deeds when you submit your application in person. The fee covers the license itself, recording, and one certified copy of the marriage certificate in most counties.

Payment is typically accepted in cash, card, or check, though policies vary by county. Some counties charge extra for additional certified copies, which you may need for name changes, passport applications, or insurance updates after the wedding. Call your county clerk in advance to confirm accepted payment methods and total cost with additional copies.

Compared to the national average of $60-$80, South Dakota's fee is lower than most US states - one of the more affordable options.

How to Get a Marriage License in South Dakota

1

Gather required documents

Both partners need a valid government-issued photo ID. If you have been previously married, bring the final divorce decree or your former spouse's death certificate. South Dakota does not require proof of residency.

2

Visit the Register of Deeds

Both applicants must appear in person at the Register of Deeds in any South Dakota county. You can typically apply in the county where you plan to marry or the county where you live - check your specific county for any local rules.

3

Complete the application and pay the fee

Fill out the marriage license application and pay the $40 fee. Be ready to provide both Social Security numbers (or visa numbers for non-citizens), your parents' full names, and your places of birth.

4

License issued same day

South Dakota issues marriage licenses the same day with no waiting period. You can legally marry as soon as the license is in hand, though most couples still plan a few days of buffer.

5

Complete the signing

The license is valid for 90 days from the date of issue. Ordained ministers, priests, and other clergy authorized by their church. Justices of the South Dakota Supreme Court, circuit court judges, and magistrates. Mayors can also officiate.

6

Return the signed license for recording

The completed license or certificate must be returned to the Register of Deeds within the timeframe specified by South Dakota law. Because South Dakota allows self-uniting marriages, the couple - not a third-party officiant - is typically responsible for filing it. The county then processes your official marriage certificate.

Special Situations in South Dakota

Previously married

Bring the final divorce decree or death certificate of your former spouse. Some South Dakota counties require the decree be from within a certain number of months - check with the Register of Deeds.

Out-of-state couples

South Dakota has no residency requirement, making it a popular state for destination weddings. Both partners just need to appear in person at the Register of Deeds with valid ID.

Same-sex marriages

Same-sex marriages are fully legal in South Dakota following Obergefell v. Hodges (2015). The requirements are identical to opposite-sex marriages with no additional steps.

Non-citizens

Foreign nationals can marry in South Dakota on a tourist visa with a valid passport. The marriage itself does not change immigration status. You may need certified translations of any foreign documents.

Self-uniting option

South Dakota allows self-uniting marriages where no officiant is required. Ordained ministers, priests, and other clergy authorized by their church. Justices of the South Dakota Supreme Court, circuit court judges, and magistrates. Mayors can also officiate.

Important South Dakota Notes

Who Can Officiate in South Dakota

Ordained ministers, priests, and other clergy authorized by their church. Justices of the South Dakota Supreme Court, circuit court judges, and magistrates. Mayors can also officiate.

Good to Know

South Dakota's license is valid for 90 days; a formerly cited 20-day validity period traces to SDCL 25-1-24, which was repealed in the 2016 legislative session (HB 1165), so any source still citing 20 days is outdated. No waiting period or residency requirement applies. A 16 or 17 year old needs both a circuit court order and notarized written consent from both parents or guardians. South Dakota lets couples marry according to the customs of a religious sect or denomination that dispenses with a designated officiant, such as a Quaker ceremony, provided the marriage is registered with the county Register of Deeds within 30 days (SDCL 25-1-36); this is a limited exception, not a general civil self-uniting license.

South Dakota Marriage License Document Checklist

  • Valid government-issued photo ID for both applicants (passport, South Dakota drivers license, state ID, military ID)
  • Birth certificates if requested by the Register of Deeds
  • Social Security numbers for both partners (visa numbers acceptable for non-citizens)
  • Divorce decree or death certificate if either partner was previously married
  • Marriage license fee of $40 - confirm accepted payment methods with your county
  • Out-of-state couples are welcome - no residency required
  • 2 witnesses for the ceremony, each at least 18

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Marriage License Requirements in Other States

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South Dakota Marriage License FAQ

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A South Dakota marriage license costs $40. The fee is paid at the Register of Deeds when you apply. Some counties may charge slightly more for processing or a certified copy of the marriage certificate. Payment methods vary by county - call ahead to confirm whether the office accepts cash, card, or check only.

No. South Dakota has no mandatory waiting period - you can apply for and use your marriage license on the same day. Many couples still apply a few days in advance to avoid last-minute complications.

A South Dakota marriage license is valid for 90 days from the date of issue. The ceremony must be performed within this window or you will need to reapply and pay the fee again. Keep the dates in mind when scheduling your application visit.

South Dakota accepts valid government-issued photo ID for both applicants. Acceptable forms include a US passport, state driver's license or state ID card, US military ID, permanent resident card, or foreign passport. Both partners must present ID in person at the Register of Deeds.

Yes. South Dakota requires 2 witnesses for the ceremony. Witnesses must usually be at least 18 and capable of signing the marriage license. Most couples ask the maid of honor and best man, but anyone meeting the legal age requirement can serve.

No. South Dakota does not require residency to obtain a marriage license. Out-of-state couples can apply at any Register of Deeds as long as both partners are present and bring the required ID. This makes South Dakota a popular destination wedding state.

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South Dakota Marriage License Requirements 2026: Fee, Wait, ID, Witnesses | Pix Wedding