South Dakota Codified Laws
Chapter 01 - Validity And Performance Of Marriages
Section 25-1-8 - Bigamous marriage void--Former spouse absent or believed dead.

25-1-8. Bigamous marriage void--Former spouse absent or believed dead.
A subsequent marriage contracted by any person during the life of a former husband or wife of such person with any person other than such former husband or wife, is null and void from the beginning, unless the former marriage has been annulled or dissolved, or unless such former husband or wife was absent and not known to such person to be living for the space of five successive years immediately preceding such subsequent marriage, or was generally reputed and was believed by such person to be dead at the time such subsequent marriage was contracted, in either of which cases the subsequent marriage is valid until its nullity is adjudged by a competent tribunal.

Source: SDC 1939, ยง14.0106 (3).

<< Previous
Next >>

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.