South Dakota Annulment Laws

Code Section
25-1-1, 25-3-1, et seq. 25-1-8

Grounds
Underage; previous marriage undissolved; either party of unsound mind; consent by fraud or force; physical incapacity

Limitations
Underage: by parent, until couple cohabits after reaching age of consent; by minor, within 4 yrs. of reaching age of majority; Previous marriage undissolved: Anytime during life of party; Unsound mind: Anytime during life of party; Force or fraud: Within 4 yrs. of discovery unless willful cohabitation; Physical incapacity: 4 yrs. after marriage

Legitimacy of Children
Children are legitimate when marriage is annulled for reasons of mental illness or previously undissolved marriage

Prohibited Marriages
Between ancestor and descendant, brother and sister (half and whole blood), uncle and niece, aunt and nephew, cousins (half and whole blood), stepparent and stepchild; same sex; bigamous, unless former spouse absent and not known to be living for 5 yrs. or believed to be dead


Inside South Dakota Annulment Laws