Is Marriage & Divorce Legal in South Dakota? (2026)
Yes. In South Dakota, marriage & divorce is legal. South Dakota Codified Law 25-4-2 lists seven possible divorce grounds, including irreconcilable differences.. A permit or license is required.
Key facts
- Status
- Legal
- Permit required
- Yes
- Jurisdiction
- South Dakota
- Last reviewed
- 2026-04-09
Marriage & Divorce laws in South Dakota
South Dakota Codified Law 25-4-2 lists seven causes for which divorce may be granted: adultery, extreme cruelty, willful desertion, willful neglect, habitual intemperance, felony conviction and irreconcilable differences. This section identifies possible divorce grounds. It does not itself establish that any ground is satisfied in an individual case or explain every definition, condition, residence requirement, filing step or rule governing financial and parenting issues. Those related provisions and court procedures require separate review. This explanation does not determine individual filing eligibility, marriage validity or property, support and custody outcomes. Existing legal-status, permit and verification fields and claims are not verified by this source.
Frequently asked questions
Is marriage & divorce legal in South Dakota for travelers?
For travelers visiting South Dakota, marriage & divorce is currently legal. South Dakota Codified Law 25-4-2 lists seven causes for which divorce may be granted: adultery, extreme cruelty, willful desertion, willful neglect, habitual intemperance, felony conviction and irreconcilable differences. This section identifies possible divorce grounds. It does not itself establish that any ground is satisfied in an individual case or explain every definition, condition, residence requirement, filing step or rule governing financial and parenting issues. Those related provisions and court procedures require separate review. This explanation does not determine individual filing eligibility, marriage validity or property, support and custody outcomes. Existing legal-status, permit and verification fields and claims are not verified by this source.
Do I need a permit for marriage & divorce in South Dakota?
Yes, South Dakota requires a permit or license for marriage & divorce. Contact the relevant state agency for application details.
Can I transport marriage & divorce through South Dakota?
Transport laws for marriage & divorce in South Dakota depend on the specific item and your route. Generally, transport is allowed if you comply with state regulations. Always check states you pass through.
What are the penalties for marriage & divorce violations in South Dakota?
Penalties for marriage & divorce violations in South Dakota vary based on the specific offense. Always verify current laws before traveling.