25-1-10. License required for marriage--Fee--Disposition of fees--Form--Certified copies--Fee.

Previous to any marriage within this state, a license shall be obtained from the county register of deeds of any county, the fee for which is forty dollars. Ten dollars of the marriage license fee shall be retained by the county in which the fee is collected and placed in the county general fund. Thirty dollars of the marriage license fee shall be deposited in the county domestic abuse program fund. The license and record of marriage form shall be prescribed and furnished by the Department of Health. Certified copies of the marriage record shall be furnished by the county register of deeds for a fee established pursuant to § 34-25-52 and such fee shall be retained by the county in which the fee is collected and placed in the county general fund.

Source: SDC 1939, §§ 12.1406, 14.0111; SL 1957, ch 39; SDCL, § 16-10-8 (37), (38); SL 1968, ch 15; SL 1974, ch 55, § 25; SL 1978, ch 187, § 1; SL 1983, ch 202; SL 1983, ch 204, § 4; SL 1988, ch 202, § 1; SL 1993, ch 192, § 1; SL 1996, ch 162; SL 2003, ch 142, § 1.

25-1-10.1. Application for marriage license--Proof of age and identification required--Name changes.

To obtain a marriage license, each applicant shall sign the marriage license application in person in the presence of the register of deeds or in the presence of a person duly appointed by the register to act in the register's behalf. Each applicant shall provide valid personal identification and provide proof of age before issuance of the marriage license. Proof of age and personal identification must be satisfied by providing a valid:

(1)    Passport;

(2)    Federal, state, military, or tribal photo identification;

(3)    Certified birth certificate, along with a current school or employment photo ID; or

(4)    Certified birth certificate, along with a U.S. Department of the Treasury Form 4029 that is completed.

On the marriage license application, each applicant shall provide the name the applicant shall be known by after the solemnization of the marriage. This choice must be indicated on the certificate of marriage and serve as a legal means for a name change. A first name may not be changed under this section. A middle name may only be changed if an applicant is changing the applicant's surname to become a middle name. A surname may only be changed to adopt the spouse's surname or the applicants' hyphenated surnames.

No person may use a power of attorney to obtain a marriage license.

Source: SL 1993, ch 191, § 1; SL 2021, ch 115, § 1; SL 2022, ch 78, § 1.

25-1-10.2. Application for marriage license--Required statement.

The application for a marriage license shall contain the following statement:

"The laws of this state affirm your right to enter into this marriage and at the same time to live within the marriage free from violence and abuse. Neither of you is the property of the other. Physical abuse, sexual abuse, battery, and assault of a spouse or other family member, as well as other provisions of the criminal laws of this state, are applicable to spouses and other family members and violations thereof are punishable by law."

The application shall contain a separate line for the signatures of the applicants verifying that the applicants have read and understand the statement.

Source: SL 1998, ch 155, § 1.