25-3-4. Annulment of underage marriage--Party bringing action--Time of action.
A marriage may be annulled by an action in the circuit court to obtain a decree of nullity if the party in whose behalf it is sought to have the marriage annulled was under the age of legal consent at the time of the marriage, and such marriage was contracted without the consent of his or her parents or guardian or person having charge of him or her, unless, after attaining the age of consent, such party for any time freely cohabitated with the other as husband or wife. An action to obtain a decree of nullity of marriage for causes mentioned in this section must be commenced by the party to the marriage who was married under the age of legal consent, within four years after arriving at the age of consent, or by a parent, guardian, or other person having charge of such nonaged male or female, at any time before such married minor has arrived at the age of legal consent.
Source: SDC 1939, ยงยง14.0601 (1), 14.0602 (1).
Structure South Dakota Codified Laws
Chapter 03 - Annulment Of Marriage
Section 25-3-1 - Former marriage as ground--Party bringing action--Time of action.
Section 25-3-2 - Unsound mind as ground--Party bringing action--Time of action.
Section 25-3-3 - Legitimacy of children after annulment for former marriage or mental illness.
Section 25-3-4 - Annulment of underage marriage--Party bringing action--Time of action.
Section 25-3-5 - Forced consent as ground--Party bringing action--Time of action.
Section 25-3-6 - Fraud as ground--Party bringing action--Time of action.
Section 25-3-8 - Physical incapacity as ground for annulment--Party bringing action--Time of action.
Section 25-3-9 - Parties bound by annulment.
Section 25-3-10 - Provision for maintenance--Vacation or modification.
Section 25-3-11 - Provisions for child custody and support--Vacation or modification.
Section 25-3-12 - Report to Department of Health on annulments.