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South Dakota legal guide, 2026

South Dakota Marriage License Requirements 2026

What you need to legally marry in South Dakota: a $40 fee, no waiting period, 2 witnesses and a license that is valid 90 days. You apply at the Register of Deeds.

Valid only inSouth Dakota
01Quick facts

South Dakota marriage license, at a glance

The eight things the Register of Deeds will ask about or check. County rules can add small extras, so confirm with your local office before you go.

License fee$40
Waiting periodNone
Valid for90 days
Minimum age18 (16 with parental consent)
Witnesses2 witnesses
Apply atRegister of Deeds
Residency requiredNo
Blood testNot required
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02Cost and timing

How much is a marriage license in South Dakota?

A marriage license in South Dakota costs $40. You pay it at the Register of Deeds when you apply. Extra certified copies of the marriage certificate, which you will want for a name change, a passport or insurance updates, often cost more.

That puts South Dakota inside the roughly $30 to $100 range most states charge. Accepted payment methods differ from office to office, so check before the visit.

Your South Dakota timeline
  1. 01ApplyAt the Register of Deeds
  2. 02WaitNo wait, same day
  3. 03Marry within90 days
  4. 04RecordSigned paperwork back to the Register of Deeds
03Step by step

How to get a marriage license in South Dakota in 6 steps

  1. 01

    Gather your documents

    Both partners need a valid government photo ID. If either of you was married before, bring the final divorce decree or the former spouse's death certificate. South Dakota does not require proof of residency.

  2. 02

    Go to the Register of Deeds

    In most counties both of you go in person, and some offices ask you to fill in the form online or book an appointment first. Check which offices can issue your license before you drive anywhere.

  3. 03

    Complete the application and pay the fee

    Fill in the application and pay the $40 fee. Have both Social Security numbers ready (non-citizens can usually give a passport or visa number), plus your parents' full names and your places of birth.

  4. 04

    License issued the same day

    South Dakota has no waiting period, so you can marry as soon as the license is in your hands. Most couples still apply a few days ahead.

  5. 05

    Complete the signing

    The license is valid for 90 days from the date of issue. South Dakota allows self-uniting marriage, so an officiant is optional. See who can officiate below.

  6. 06

    Return the signed license

    The signed license goes back to the Register of Deeds within the time South Dakota law allows. Because South Dakota allows self-uniting marriage, the couple usually files it instead of an officiant. The county then records your marriage.

Watch the process

A marriage license, step by step

A short walkthrough of the documents and the clerk visit. Fees and offices differ by state, so match the details to the South Dakota facts above.

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04Age rules

How old do you have to be to marry in South Dakota?

At 18 or older you can marry without anyone's permission.

Under 18 in South Dakota: 16 with parental consent

Applicants who are 16 or 17 need the notarized consent of a parent or guardian. No one under 16 can marry in South Dakota.

Source: S.D. Codified Laws 25-1-9, statutory text via Tahirih Justice Center 2025 Statutory Text Compilation

05Special situations

If your case is a little different

Previously married

Bring the final divorce decree or the former spouse's death certificate to the first visit. Ask the Register of Deeds whether it needs a certified copy.

Out-of-state couples

South Dakota has no residency requirement, so couples from other states can apply at the Register of Deeds with valid ID. The license only works for a ceremony inside South Dakota.

Same-sex couples

Same-sex marriage is legal in South Dakota, as in every state, since Obergefell v. Hodges (2015). The requirements are the same for every couple.

Non-citizens

Foreign nationals can marry in South Dakota with a valid passport as photo ID. Marrying does not change immigration status by itself, and documents in another language may need certified translations.

Self-uniting option

South Dakota allows self-uniting marriage, so the two of you can solemnize the marriage without an officiant. The officiant card below has the details.

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06Good to know

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.

Officiant rules in every state

Rules worth knowing

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.

07Bring this

South Dakota marriage license document checklist

  • Valid government photo ID for both of you (passport, South Dakota driver's license, state ID or military ID)
  • Birth certificates, if the Register of Deeds asks for them
  • Social Security numbers for both partners (non-citizens can usually give a passport or visa number)
  • Final divorce decree or death certificate if either of you was married before
  • The fee: $40. Ask which payment methods the office takes
  • No proof of residency needed, out-of-state couples are welcome
  • Witnesses for the ceremony: 2 witnesses
South Dakota license FAQ

South Dakota marriage license: FAQs

Fees, waiting period, validity, ID, witnesses and residency for South Dakota.

A South Dakota marriage license costs $40. You pay it at the Register of Deeds. Certified copies of the marriage certificate, which you need for a name change, can cost extra. Payment methods differ by office, so call ahead to check whether it takes cash, card or check.

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

A South Dakota marriage license is valid for 90 days from the date of issue. The ceremony has to happen inside this window, or you reapply and pay the fee again.

Each partner needs a valid government photo ID, such as a US passport, a driver's license or state ID card, a US military ID, a permanent resident card or a foreign passport. Bring it to the Register of Deeds, and check the office's own list before you go.

Yes. South Dakota's rule: 2 witnesses. Witnesses usually need to be adults who can sign the license. Most couples ask the maid of honor and the best man.

No. South Dakota does not require residency. Out-of-state couples can apply at the Register of Deeds with the required ID, and the license works for a ceremony anywhere in South Dakota.