South Dakota Codified Laws
Chapter 01 - Validity And Performance Of Marriages
Section 25-1-36 - Return of marriage performed without person authorized to perform--Failure as petty offense.

25-1-36. Return of marriage performed without person authorized to perform--Failure as petty offense.
Persons married in accordance with the creed or custom of any sect or denomination to which they belong which dispenses with the services of any minister or other person authorized to perform marriages by §25-1-30 are themselves required to make return of such marriage within thirty days thereafter to the county register of deeds. It is a petty offense for a husband and wife to fail to make the return of a certificate of a marriage made under this section.

Source: SDC 1939, §§14.0119, 14.9905; SL 1984, ch 12, §27; SL 1988, ch 202, §8.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 25 - Domestic Relations

Chapter 01 - Validity And Performance Of Marriages

Section 25-1-1 - Marriage defined--Consent and solemnization required.

Section 25-1-2 - Present consent to marriage required.

Section 25-1-5 - Manifestation and proof of consent and consummation of marriage.

Section 25-1-6 - Incestuous marriages void.

Section 25-1-7 - Marriage with stepchild void.

Section 25-1-8 - Bigamous marriage void--Former spouse absent or believed dead.

Section 25-1-9 - Age of consent to marriage with and without parental consent.

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

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

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

Section 25-1-11 - Issuance of license to unqualified persons prohibited.

Section 25-1-13 - Consent of parent or guardian required for marriage of minor--Memorandum in record book.

Section 25-1-15 - Unlawful issuance of license as misdemeanor.

Section 25-1-24 - Time allowed after license for solemnization of marriage.

Section 25-1-28.1 - Distribution of HIV educational material before license issued.

Section 25-1-29 - Solemnization and recording of marriages required--Common-law marriages prior to 1959 not invalidated.

Section 25-1-30 - Persons authorized to solemnize marriages.

Section 25-1-31 - Solemnization of marriage without license as misdemeanor.

Section 25-1-32 - Identity and ages of parties to be established before solemnization of marriage.

Section 25-1-33 - Solemnization of marriage between unauthorized persons as misdemeanor.

Section 25-1-35 - Certificate delivered to parties--Return to register of deeds.

Section 25-1-36 - Return of marriage performed without person authorized to perform--Failure as petty offense.

Section 25-1-37 - Record maintained by Department of Health--Entry as evidence of marriage--Local registrar to file records with department.

Section 25-1-38 - Validity of marriages contracted outside state--Same-sex marriages excluded.

Section 25-1-39 - Marriage voidable if party physically incapable or consent obtained by fraud or force.

Section 25-1-40 - Marital rights not restored by pardon from life sentence.