Guide to South Dakota Marriage Records

Marriage records are official documents created by government authorities that document the marriage of two people. Such documents usually include important details, such as both spouses’ full names, their ages, the date and place of their marriage, the names of witnesses, and the officiant.

Many people often think that a marriage license and a marriage certificate are the same document. However, they are not. A marriage license is the document people obtain before their marriage, granting them the legal right to marry, while a marriage certificate is the document issued after the ceremony, serving as proof of marriage. However, marriage records include both the marriage license and the marriage certificate, as well as any other official file maintained in connection with a marriage.

A married couple may need marriage records for legal purposes, such as filing a tax return or other administrative matters arising after the death of one spouse. A certified marriage certificate may be needed for identification, insurance, or proof of marital status. Someone changing a surname after marriage may also need a certified copy when updating government records.

Many genealogists and family historians use marriage records to connect family lines and identify spouses.

Types of Marriage Records in South Dakota

South Dakota marriage records commonly exist in these forms:

Marriage Certificates

A marriage certificate is a document issued after a marriage, serving as proof that the event occurred. It outlines the spouses' names, the wedding date, the county of marriage, and the officiant's name.

In legal actions, such as changing one's name in a passport or driver's license or managing joint financial assets, a certified copy of a marriage certificate is required.

A certified copy of a South Dakota marriage certificate has a raised state seal and is issued by the South Dakota Department of Health Vital Records Office or a county Register of Deeds.

Marriage Licenses

A marriage license is a formal application and authorization that is required before a couple can get married. Unlike a certificate issued after a wedding, a marriage license is obtained before the wedding.

South Dakota marriage licenses can be obtained from any local Register of Deeds. After the marriage license has been issued, it remains valid for 90 days.

Are Marriage Records Public in South Dakota?

Access to South Dakota marriage records is divided into two categories: restricted certified copies and unrestricted informational copies.

Certified copies of South Dakota marriage records are not available to the public because of strict access rules. Only the spouses, immediate family members, legal guardians, or authorized representatives may order them. The Department of Health can also authorize another person when the record is needed to establish or protect a personal or property right. Individuals who are not in these categories may only request an informational copy.

Noncertified or informational copies can be accessed by the public. State law allows the Department of Health or authorized local registrars to issue an informational copy to any requester. Such a copy cannot be used for legal or administrative purposes.

Note that some data will be kept confidential regardless of the type of request. South Dakota laws prohibit the disclosure of information contained in the “Information for Statistical Purposes Only” section unless authorized by the Department of Health for statistical or research purposes.

Note that SDCL 34-25-62 also allows the Department of Health or a local registrar to publish an electronic list of married people in the state. However, this does not provide access to the complete marriage record.

What Information Is Included in a Marriage Record?

A South Dakota marriage record commonly includes:

• Full names of both spouses
• Names each spouse will use after the marriage
• Ages or dates of birth
• Places of birth
• Residences or addresses
• Date of the marriage
• County and place where the marriage was performed
• Name and title of the person who performed the ceremony
• License issue date and the county that issued it

Be aware that details such as Social Security numbers are collected on the application, but are not printed on copies issued to the public. Also, dates of birth, home address, and parent information may be limited on informational copies.

How to Find Marriage Records in South Dakota

Step 1: Identify the Marriage Details

Before reaching out to a state or local office, you must gather the basic information about the marriage. This means collecting information, including the full names of both partners (including maiden names), when the wedding took place, and the county of registration.

Step 2: Find the Record Custodian

Marriage records are maintained at both state and local levels in South Dakota. The State Vital Records Office maintains centralized marriage records dating back to July 1905. Otherwise, you have to contact the Register of Deeds in the original county where the marriage license was issued. If the marriage occurred before July 1905, you need to contact the specific county office where the event took place directly.

Step 3: Choose How to Search

There are several ways to search for marriage records in South Dakota, depending on what is convenient for you. You may apply in person at your local county office or send your request via mail. An online option is available via VitalChek, the state's approved third-party database vendor for records requests. Certain genealogical sites also make historical records available online.

Step 4: Submit a Record Request

Once you are ready to make your request, submit an application form and present a government-issued photo ID card or signed affidavit. You must also pay the standard payment fee, which is non-refundable, even if no record can be found. Note that during this step, you must specify whether you are seeking a certified, legal copy or an informational copy.

How to Get a Certified Marriage Certificate in South Dakota

Certified copies of South Dakota marriage records are limited to certain persons, such as an individual named on the record, an immediate family member, and an authorized or designated agent. Other eligible persons include individuals who can establish that the record is required to determine or protect a personal or property right. Hence, requesters are typically required to present proof of relationship or authority when applying to obtain a certified marriage certificate in South Dakota.

In addition to a proof of relationship, a requester must submit acceptable identification. Examples of such a document include a state, federal, tribal, or other qualifying government-issued photo ID, which is generally sufficient. Requests for a certified copy can be made:

• In person: at the state Vital Records Office of a South Dakota Register of Deeds.
• By mail: to the state office or a Register of Deeds.
• Online: via VitalChek.
• By Phone: through the state's authorized ordering service.

The basic fee for a certified copy of a marriage certificate is $15 per record search or copy. According to the DOH, processing time varies based on location. However, state law allows the DOH or local registrar to delay the immediate issuance of the certified copy for up to 3 days, although mailing and delivery times may extend the total wait.

A certified marriage certificate can be used for legal name changes, benefits, insurance, identification, immigration documents (if applicable), and in other cases where proof of marriage is needed.

How to Get a Marriage License in South Dakota

Couples who wish to get married in the Mount Rushmore State need to apply for a marriage license at the Register of Deeds of the counties in South Dakota. There are no residency requirements, which means out-of-state residents may apply for a South Dakota marriage license.

The application can be initiated electronically through the South Dakota Vital Records Services Portal, but requires both applicants to appear in person before the Register of Deeds to complete the process.

Before the application may be completed, couples must present acceptable identification and proof of age, such as:

• A passport
• Federal, state, military, or tribal government-issued identification.
• A certified birth certificate and a current photo ID from the school or employer
• A certified birth certificate and U.S. Department of Treasury Form 4029

In South Dakota, the minimum age of marriage is 18, but the law allows exceptions for applicants aged 16 or 17. An applicant who is at least 16 years of age and satisfies the requirements stated in SDCL 25-1-13, which involve acquiring a circuit court order or notarized consent from a parent or guardian, may be eligible. The provision for minors applying for a marriage license does not apply if there is an age difference between the applicants of more than four years.

Note that, with court orders, the court will ensure that the marriage is in the best interests of the applicant and consensual. In such cases, state law stipulates a 30-day period after judicial approval before the marriage license may be issued. For other qualified applicants, there is no waiting period and no requirement for a blood test.

A South Dakota marriage license costs $40 and is valid for 90 days. The marriage must be solemnized by a legally authorized individual under South Dakota law, including a Supreme Court judge, a magistrate, a mayor, or a church minister.

Moreover, the officiant must establish the identities of both applicants and record the names and addresses of the witnesses. Afterward, the original copy of the license and marriage record must be returned to the Register of Deeds within 10 days.

Who Can Request Marriage Records?

Only authorized individuals can obtain a certified copy of a South Dakota marriage certificate. Such persons include the following:

• The spouses named on the record
• Immediate family members, such as children and parents
• Legal guardians or next of kin
• Authorized representatives or attorneys acting on behalf of the family
• Government agency officials performing official duties

The state limits third parties, including genealogists and researchers, to only ordering informational copies. Otherwise, they must obtain and present a signed power of attorney or a direct court order authorizing them to obtain a certified copy.

Free and Online Marriage Record Searches

The state does not provide a public website where requesters can search for and obtain certified marriage records online for free. However, certain online resources can help requesters locate marriage information to prove its existence so that a certified record can be ordered.

One useful resource for requesters is FamilySearch. This platform has a collection that includes the marriage index information from 1950 to 2016. FamilySearch also has South Dakota church record collections containing older marriage index information.

Similarly, the South Dakota State Archives has a database containing information on marriage notices published in South Dakota newspapers.

With these free platforms, you can usually access only basic indexed data, such as names or dates. However, to obtain an official copy or validation for legal purposes, you will have to pay the standard $15 state fee. If you cannot locate a record because you do not know the county or date of marriage, consider submitting a request to the central vital records state office by mail. The office can run a statewide can run a statewide search across multiple years.

Common Law Marriage in South Dakota

Common-law marriages can no longer be established in South Dakota through simply living together or referring to each other as a married couple. This is because the state has banned the creation of common-law marriages since 1959.

Now, for a marriage to be recognized in the Mount Rushmore State, couples must follow the requirements of SDCL 25-1-29, which stipulates that marriages must be solemnized and recorded to be legal.

South Dakota makes an exception for common-law marriages validly formed in another jurisdiction where such unions are permitted. If a couple legally established their common-law marriage in another state where such practice is allowed, they will be recognized as married in South Dakota.

Since common-law marriages entered into after 1959 are not registered as formal marriages, searching the state's marriage records will typically not return results that can be used as proof of marital status.

How to Correct an Error on a Marriage Record

Errors may sometimes appear on a marriage record in the form of a misspelled name or an incorrect date on an official marriage record. Typographical mistakes made by the clerk or incorrect details provided by the couple are often the most common reasons corrections are required on marriage records.

Under state law, only the following individuals may apply for a record amendment:

• Either spouse named on the record
• The person who solemnized the marriage
• The local registrar who filed the marriage
• A legal representative acting on behalf of one of the spouses

An individual requesting a correction to a marriage record must complete the Marriage Record Amendment Request and sign it before a notary public.

Currently, there is no fee for amending records that are less than one year old in South Dakota.

For records that are one year old or older, the amendment fee is $8, and the applicant must provide documentary evidence proving the correct information to be stated on the record. Moreover, for records between one and seven years old, the supporting document submitted must be at least seven years old.

South Dakota also has a peculiar rule concerning changes of surname: an amendment to a surname made one year or more after the event requires a court order unless the requested change involves only a minor spelling correction.

Note that completed correction applications and required supporting materials must be submitted to the South Dakota Department of Health in Pierre.

If a requester has already purchased a certificate and returns it with an approved amendment request, a corrected replacement may be issued without additional charge. Otherwise, a person who wants a certificate after the amendment must also pay the applicable certificate fee.

Marriage Records and Name Changes

South Dakota allows the name specified on the marriage license to be used after the ceremony as the individual's official name. After the marriage has been registered, a certified copy of the certificate may be used when updating other records.

For example, a marriage certificate can be used by the Social Security Administration to prove a name change. The South Dakota Department of Public Safety also requires proof of a name change to update a driver's license. Acceptable documents include a government-issued marriage license.

Note that a legal name change differs from correcting the original marriage certificate. A correction or amendment request can only be used when there is a mistake on the original marriage record.

Marriage Records for Genealogy and Family History

Marriage records are useful for tracking families in South Dakota and for indicating where a couple lived. Note that the process of registering vital records at the state level started in July 1905, although county-level registration had started before that in some counties. To perform genealogical searches for marriage records, the South Dakota Department of Health recommends using mail requests.

Moreover, researchers can use FamilySearch, a genealogical database that provides marriage indexes from 1950 to 2016, as well as church records from 1875 to 1993.

The South Dakota State Archives offers additional county, newspaper, surname, and historical collections. Furthermore, it offers special resources for American Indian genealogy, including records from Iapi Oaye from 1871 to 1939.

Since earlier record-keeping may be inconsistent, ancestry researchers may need to search county, church, newspaper, tribal, and family sources using names, dates, and identifiers.

Frequently Asked Questions