Skip to content
Oakclause

Common Law Marriage in South Dakota

South Dakota requires marriages to be solemnized; common law marriages formed before July 1, 1959 remain valid, and valid out-of-state common law marriages are recognized.

Last checked . General information, not legal advice.

South Dakota at a glance

New common law marriages allowed
No, abolished
Common law marriages consummated before July 1, 1959 remain valid.
Cutoff date
July 1, 1959
Requirements
Not available; solemnization and recording required

Sources

Last checked

The rules in South Dakota

Can a couple form a common law marriage in South Dakota today?

No, abolished. New common law marriages allowed in South Dakota: no, abolished. Common law marriages consummated before July 1, 1959 remain valid.

When did South Dakota stop recognizing new common law marriages?

Cutoff date in South Dakota: July 1, 1959.

What are the requirements for a common law marriage in South Dakota?

Requirements in South Dakota: Not available; solemnization and recording required.

Where do the South Dakota common law marriage laws come from?

The rules above come from S.D. Codified Laws 25-1-29. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

Living together for a long time does not by itself create a marriage. Where common law marriage is allowed, the key question is usually whether both partners agreed to be married and acted that way in public, for example by using the same last name, filing joint tax returns or calling each other husband or wife.

A valid common law marriage can only be ended by divorce or death, just like a licensed marriage. There is no informal way to undo it by moving out. The question of whether a marriage existed often comes up later, in a divorce, an inheritance dispute or a claim for spousal benefits.

Couples who want clear proof of their status can sign a written declaration or affidavit of marriage where state law provides for one, or simply obtain a marriage license. Couples who live together and do not want to be married can sign a cohabitation agreement that sets out how property and expenses are handled.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.