South Dakota's new marriage law raises the minimum age requirement to 18 years old for all marriages, unless a minor at least 16 years old obtains a court order or parental consent. When minors marry, the law now requires a court hearing where a judge determines the marriage is voluntary and in the minor's best interest, and it prohibits marriages where the age difference between partners exceeds four years.
The amendment reduced the maximum age difference allowed between minor applicants for marriage from ten years to four years.
The amendment replaced a requirement for two parents' written consent with alternative options: two parents, a legal guardian, or a court order, with separate provisions for when one or both applicants are minors.
The amendment replaced parental consent alone as an alternative pathway for minor marriage with a requirement for circuit court approval after an in-person hearing, plus a thirty-day waiting period.
The bill now requires court approval for any minor marriage regardless of parental consent, mandates a thirty-day waiting period after approval, and imposes a four-year maximum age difference between applicants.
Other amendments
Signed by the Governor S.J. 549
Delivered to the Governor S.J. 539
Signed by the Speaker H.J. 560
Signed by the President S.J. 525
Senate Concurred in amendments Passed, YEAS 31, NAYS 3. S.J. 512
House of Representatives Do Pass Amended Passed, YEAS 40, NAYS 27. H.J. 526
State Affairs Do Pass Amended Passed, YEAS 7, NAYS 5.
State Affairs Motion to amend
State Affairs Scheduled for hearing
First read in House and referred to House State Affairs H.J. 445
Senate Do Pass Amended Passed, YEAS 25, NAYS 8. S.J. 379
Senate Motion to amend S.J. 377
Senate Deferred to another day S.J. 355
Judiciary Do Pass Amended Passed, YEAS 5, NAYS 2. S.J. 25
Judiciary Motion to amend Passed, YEAS 4, NAYS 3. S.J. 25
Judiciary Scheduled for hearing S.J. 1
Judiciary Scheduled for hearing
First read in Senate and referred to Senate Judiciary S.J. 140
Prime sponsor · Sen.
R
Concurred in amendments
Do Pass Amended
State Affairs — Do Pass Amended
Do Pass Amended
Judiciary — Motion to amend
Judiciary — Do Pass Amended