Common Law Marriage in South Dakota: Legal Requirements and Exceptions

If you’re wondering whether South Dakota recognizes common law marriage, you’re not alone. Many couples live together for years without a formal wedding ceremony and assume they may be married in the eyes of the law.

However, the rules vary from state to state, and South Dakota has a very specific stance on this matter.

Is Common Law Marriage Legal in South Dakota?

No, South Dakota does not recognize common law marriage that originates within the state. That means simply living together, even for many years, does not grant couples the legal rights of a married couple under South Dakota law.

To be legally married in South Dakota, a couple must:

• Apply for and receive a valid marriage license
• Participate in a marriage ceremony
• Have the marriage solemnized by an authorized officiant

Without these formal steps, the relationship is not recognized as a legal marriage under state law.

Exceptions: Out-of-State Common Law Marriages

While South Dakota does not allow common law marriages to be established within the state, it does recognize valid common law marriages that were legally created in states where such unions are permitted.

For example, if a couple was considered legally married under common law in a state like Colorado or Texas before moving to South Dakota, the marriage will be honored in South Dakota due to the Full Faith and Credit Clause of the U.S. Constitution.

Legal Rights of Unmarried Couples in South Dakota

Unmarried couples living together in South Dakota do not have the same legal rights as married couples. This can affect several aspects of life, including:

• Property ownership: Property acquired during the relationship may not be jointly owned unless both names are on the title.
• Healthcare decisions: Without a legal relationship, one partner may not be able to make medical decisions for the other.
• Inheritance rights: Unmarried partners do not automatically inherit assets unless specifically stated in a will.
• Parental rights: While both parents may have rights to their children, legal steps like custody agreements or paternity acknowledgment may be required.

How to Protect Your Rights

If you’re in a long-term relationship in South Dakota and choose not to marry, you may want to consider:

• Drafting a cohabitation agreement
• Creating wills and estate plans
• Establishing powers of attorney for medical and financial matters
• Placing both names on important property titles and accounts

These legal documents can help protect both partners in case of disputes, illness, or death.

Conclusion

South Dakota does not allow couples to establish a common law marriage within its borders. However, it will honor common law marriages legally formed in other states. If you’re in a long-term relationship without a legal marriage, it’s important to take proactive steps to protect your rights and plan for the future.

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