Common Law Marriage in South Dakota
State-specific overview · Family Law
South Dakota does not recognize common law marriage, even if the couple meets requirements elsewhere.
How South Dakota treats Common Law Marriage
South Dakota abolished common law marriage and does not recognize such marriages created within the state. The state also generally does not recognize common law marriages established in other jurisdictions, with limited exceptions for marriages created before the abolition date. Couples seeking legal marriage status must obtain a marriage license and have a formal ceremony performed by an authorized official.
The general definition of Common Law Marriage
A marriage created by mutual agreement and cohabitation, without a formal ceremony or license.
Common law marriage is a legal marriage that exists without a wedding ceremony or marriage license, based simply on a couple's agreement to be married and their living together as spouses. Not all states recognize it, but those that do treat common law marriages the same as formal ones for purposes of property division, inheritance, and divorce. The couple must meet specific requirements, like living together for a certain period and presenting themselves publicly as married.
Read the full Common Law Marriage entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in South Dakota.