South Dakota imposes no mandatory waiting period between finalizing a divorce and remarrying. Under South Dakota law, once a court enters your final divorce decree, you may legally marry another person the same day. This makes South Dakota one of the most remarriage-friendly states in the nation, though you must still obtain a valid marriage license ($40) and provide proof of your divorce if requested by the Register of Deeds.
Key Facts: Remarriage After Divorce in South Dakota
| Requirement | South Dakota Law |
|---|---|
| Remarriage Waiting Period | None (remarry same day as divorce finalization) |
| Marriage License Fee | $40 |
| Marriage License Waiting Period | None (same-day use permitted) |
| Divorce Filing Fee | $97 (as of March 2026) |
| Divorce Waiting Period | 60 days minimum under SDCL § 25-4-34 |
| Residency Requirement | Must be SD resident at filing (no minimum duration) |
| Property Division | Equitable distribution (all-property state) |
| Alimony on Remarriage | Presumptive termination (court motion required) |
No Waiting Period for Remarriage in South Dakota
South Dakota law permits remarriage immediately after divorce finalization with zero waiting period required. Unlike states such as Texas (30-day waiting period) or Alabama (60-day waiting period), South Dakota places no temporal restrictions on when divorced individuals may enter a new marriage. The moment a South Dakota circuit court judge signs your divorce decree, you have full legal capacity to marry another person under SDCL § 25-4-34.
This absence of a remarriage waiting period reflects South Dakota's approach to personal autonomy in family law matters. The state legislature has determined that once a court has concluded divorce proceedings and issued a final judgment, both parties should have immediate freedom to move forward with their lives. However, you should understand the distinction between your divorce being finalized versus your divorce being filed. South Dakota requires a mandatory 60-day waiting period between filing for divorce and receiving a final decree, but once that decree is entered, no additional waiting period applies to remarriage.
To remarry in South Dakota after divorce, you will need to present identification at the county Register of Deeds office and pay the $40 marriage license fee. While South Dakota law does not explicitly require proof of divorce termination for a marriage license, many county offices will ask about prior marriages and may request documentation. Obtaining a certified copy of your divorce decree ($10-15 from the county Clerk of Courts where your divorce was filed) provides definitive proof of your legal availability to marry.
Marriage License Requirements for Remarrying Couples
South Dakota marriage license requirements apply equally to first-time marriages and remarriages, with specific documentation needs for previously married applicants. The marriage license fee is $40, payable at any county Register of Deeds office in South Dakota. Both parties must appear in person to apply, and the license is valid statewide for 90 days from issuance. No blood test or waiting period applies to obtaining a South Dakota marriage license.
For individuals remarrying after divorce, the application process includes questions about previous marriages. According to the South Dakota Department of Health, applicants must disclose the number of previous marriages and how each ended (divorce, annulment, or death of spouse). While requirements vary by county, many Register of Deeds offices request a certified copy of your divorce decree to verify that your prior marriage was legally terminated.
Age Requirements and Identification
Both applicants must be at least 18 years old to obtain a marriage license without parental consent. Applicants ages 16-17 require parental consent, and South Dakota law prohibits marriage for anyone under 16. Acceptable identification includes a valid driver's license, state-issued ID card, or certified birth certificate. Social Security numbers are required for both applicants under federal reporting requirements.
Where to Apply
Marriage licenses may be obtained from any county Register of Deeds office in South Dakota. Major county offices include:
- Minnehaha County (Sioux Falls): 415 N. Dakota Ave.
- Pennington County (Rapid City): 315 St. Joseph St.
- Lincoln County (Canton): 104 N. Main St.
- Brown County (Aberdeen): 25 Market St.
The ceremony may be performed anywhere in South Dakota regardless of which county issued the license. The officiant must return the signed license to the issuing Register of Deeds within 10 days of the ceremony, or no official marriage record will be created.
How Remarriage Affects Alimony in South Dakota
Remarriage after divorce in South Dakota creates a presumptive case for terminating spousal support, but alimony does not end automatically upon the receiving spouse's remarriage. Under South Dakota case law, the paying spouse must file a motion with the court to terminate alimony obligations. This distinguishes South Dakota from states with automatic termination provisions and requires active legal steps to modify or end support payments.
The South Dakota Supreme Court has established the Marquardt rule regarding remarriage and alimony. Under this rule, when the receiving spouse remarries, a prima facie case for alimony termination is established. This shifts the burden to the receiving spouse to demonstrate extraordinary circumstances justifying continued support. If the receiving spouse fails to present evidence of extraordinary circumstances, alimony should cease as of the date of the notice of hearing on the termination motion.
Filing a Motion to Terminate Alimony
To terminate alimony due to your ex-spouse's remarriage, you must:
- Prepare a motion for modification of spousal support citing the remarriage as a substantial change in circumstances
- File the motion with the circuit court that issued your original divorce decree
- Pay the $25 filing fee for the motion (as of March 2026)
- Serve your ex-spouse with notice of the hearing
- Attend the hearing and present evidence of the remarriage
The court will typically terminate alimony effective as of the hearing date, though some courts may grant retroactive termination to the date of remarriage if the paying spouse filed promptly after learning of the remarriage. Failure to file a motion means alimony obligations continue regardless of the recipient's new marriage.
Exceptions to Termination
South Dakota courts recognize exceptions where alimony may continue despite remarriage:
- The original divorce settlement specifically provided for continued support upon remarriage
- Extraordinary circumstances exist that justify ongoing support (rare)
- The alimony was awarded as property division rather than support (non-modifiable)
If your divorce decree included a provision stating that alimony survives remarriage, that contractual agreement typically controls over the general presumption of termination.
The 60-Day Divorce Waiting Period Explained
South Dakota requires a mandatory 60-day waiting period between serving divorce papers and holding a final divorce hearing under SDCL § 25-4-34. This waiting period cannot be waived by the court or by agreement of the parties. The 60 days begins when the defendant spouse is served with the summons and complaint and proof of service is filed with the court.
For uncontested divorces where both spouses agree on all terms, the divorce may be finalized shortly after the 60-day waiting period expires. According to South Dakota court data, uncontested divorces typically conclude within 60-90 days total. Contested divorces involving disputes over property, custody, or support may take 6-18 months, with total costs ranging from $10,000 to $25,000 or more including attorney fees.
The distinction matters for remarriage timing: you cannot remarry until the court enters your final divorce decree. Being separated, having filed for divorce, or even having a signed settlement agreement does not permit remarriage. Only the final judgment of divorce grants legal capacity to marry another person.
Residency Requirements for Divorce and Remarriage
South Dakota has among the most lenient residency requirements in the nation for filing divorce. Under SDCL § 25-4-30, the plaintiff must be a South Dakota resident at the time of filing, but no minimum duration of residency is required. A person may theoretically establish South Dakota residency and file for divorce on the same day, though the residency must be established in good faith rather than solely to obtain jurisdiction for divorce.
Residency for Marriage License
South Dakota imposes no residency requirement for obtaining a marriage license. Non-residents may apply for and receive a South Dakota marriage license, have the ceremony performed anywhere in the state, and the marriage will be legally valid. This makes South Dakota a destination wedding location for some couples.
Military Personnel
Active-duty military members stationed in South Dakota may file for divorce in South Dakota courts regardless of their official state of residence. Under SDCL § 25-4-30, military stationing satisfies the residency requirement for divorce filing purposes.
Property Division Implications for Remarriage
South Dakota is an equitable distribution state, meaning courts divide marital property fairly but not necessarily equally. Under SDCL § 25-4-44, judges have broad discretion to divide all property belonging to either or both spouses, regardless of when or how the property was acquired. This all-property approach distinguishes South Dakota from states that automatically exempt premarital assets, inheritances, and gifts from division.
Relevant factors for property division include: the duration of the marriage (average South Dakota marriage lasts 8.5 years before divorce), each spouse's age and health, earning capacity of each party, contributions to property acquisition including homemaking, and the income-producing capacity of assets. Fault is generally not considered in property division under SDCL § 25-4-45.1, except where relevant to financial misconduct such as dissipation of assets.
Protecting Assets in a Second Marriage
If you are remarrying after divorce in South Dakota, consider a prenuptial agreement to protect assets you accumulated before the new marriage. Because South Dakota is an all-property state, without a prenuptial agreement, a court could theoretically divide premarital assets in a subsequent divorce. Prenuptial agreements in South Dakota must be in writing, signed by both parties, and executed voluntarily with full financial disclosure.
Documentation Checklist for Remarriage
Before remarrying after divorce in South Dakota, gather the following documents:
- Certified copy of your final divorce decree (obtain from the Clerk of Courts in the county where you divorced, $10-15 per copy)
- Valid government-issued photo ID (driver's license, passport, or state ID)
- Social Security card or number
- Birth certificate (if your ID does not confirm your age)
- Marriage license application fee ($40 in cash, as some offices do not accept cards)
The South Dakota Department of Health maintains divorce certificates that confirm a divorce occurred, but these do not include settlement terms. For a complete record showing the divorce is final, obtain the divorce decree from the county Clerk of Courts where your case was heard.
Requesting Divorce Records
Certified divorce records in South Dakota are restricted to authorized persons including the parties named in the divorce, immediate family members, and legal representatives. To request your divorce decree:
- In person: Visit the Clerk of Courts in the county where you divorced
- By mail: Send a written request with a $15 search fee, identification, and a self-addressed stamped envelope
- Online: Some counties offer electronic document ordering through their court websites
Processing typically takes 3-5 business days in person or 2-3 weeks by mail.
Common Legal Issues When Remarrying After Divorce
Name Change Complications
If you changed your name as part of your divorce and need documentation for your new marriage license, you may need to provide your divorce decree showing the name change authorization along with a new driver's license or ID reflecting your current legal name. South Dakota allows name changes as part of divorce proceedings under SDCL § 25-4-47.
Pending Appeals
If either party has appealed the divorce judgment to the South Dakota Supreme Court, the divorce may not be considered final for remarriage purposes until the appeal concludes. Check with an attorney if any post-judgment motions or appeals are pending before remarrying.
Out-of-State Divorces
South Dakota recognizes divorces granted by other U.S. states and most foreign countries under the Full Faith and Credit Clause of the U.S. Constitution. If you were divorced in another state, that divorce is valid in South Dakota for remarriage purposes. You may need to provide documentation of the out-of-state divorce when applying for a South Dakota marriage license.
Tribal Court Divorces
South Dakota contains nine Native American reservations with tribal court systems. Divorces granted by tribal courts are generally recognized by South Dakota state courts, but questions occasionally arise regarding jurisdiction and recognition. If your divorce was obtained through a tribal court, consult with an attorney to confirm its validity for state purposes.
Timeline: From Divorce to Remarriage in South Dakota
| Stage | Timeframe | Key Actions |
|---|---|---|
| Filing for Divorce | Day 1 | File complaint and summons, pay $97 filing fee |
| Service of Process | Days 1-14 | Serve spouse via sheriff or process server ($50-75) |
| Mandatory Waiting Period | Days 1-60 | 60-day minimum under SDCL § 25-4-34 |
| Discovery/Negotiation | Days 60-90 (uncontested) or 6-18 months (contested) | Resolve property, custody, support issues |
| Final Hearing | After Day 60 | Judge enters final divorce decree |
| Remarriage Eligible | Same day as decree | No waiting period; obtain marriage license ($40) |
| Marriage Ceremony | Within 90 days of license | License must be used within 90 days or it expires |
Frequently Asked Questions
How soon can I remarry after my divorce is final in South Dakota?
South Dakota has no waiting period for remarriage after divorce. You may legally remarry the same day your divorce decree is entered by the court. Once a South Dakota circuit court judge signs your final judgment of divorce, you have immediate legal capacity to obtain a marriage license ($40) and marry another person. The only delay is the time needed to visit a Register of Deeds office and complete the marriage license application.
Do I need to show proof of divorce to get a marriage license in South Dakota?
South Dakota law does not explicitly require proof of divorce for marriage license applications, but most county Register of Deeds offices ask about prior marriages and may request documentation. Bringing a certified copy of your divorce decree ($10-15 from the Clerk of Courts) eliminates potential delays or complications during the application process. The marriage license application requires disclosure of how many times you have been previously married and how each marriage ended.
Will my ex-spouse's alimony automatically stop when I remarry?
No, alimony does not automatically terminate upon remarriage in South Dakota. Under South Dakota Supreme Court precedent (the Marquardt rule), remarriage creates a presumptive case for termination, but the paying spouse must file a motion with the court to actually end alimony. Failure to file means payments continue. Once a motion is filed, the burden shifts to the receiving spouse to prove extraordinary circumstances justifying continued support. Most courts terminate alimony effective from the hearing date.
What if I remarry before my divorce is final?
Remarrying before your divorce is final constitutes bigamy, which is a felony offense in South Dakota under SDCL § 22-22-8. A bigamous marriage is void and carries criminal penalties including up to 5 years in prison. The 60-day divorce waiting period under SDCL § 25-4-34 cannot be waived, and only a signed final divorce decree from a judge grants legal capacity to remarry. Being separated or having filed paperwork does not permit remarriage.
Does getting remarried affect my child custody arrangement?
Remarriage does not automatically modify child custody orders in South Dakota. However, either parent may petition for modification based on a substantial change in circumstances, and a new spouse entering the household could be considered a relevant factor. Under SDCL § 25-4-45, courts prioritize the best interests of the child. A modification hearing would examine how the remarriage affects the child's welfare, the new spouse's background, and housing arrangements.
Can I remarry in South Dakota if I was divorced in another state?
Yes, South Dakota recognizes divorces from all other U.S. states under the Full Faith and Credit Clause of the Constitution. If you obtained a valid divorce in another state, that divorce is fully valid in South Dakota for remarriage purposes. You may need to provide a certified copy of your out-of-state divorce decree when applying for a South Dakota marriage license. International divorces are also generally recognized if they were legally valid in the country where granted.
How much does it cost to get remarried in South Dakota after divorce?
The direct cost of remarrying in South Dakota is $40 for the marriage license, plus optional expenses for the ceremony. If you need a certified copy of your divorce decree, add $10-15 from the Clerk of Courts. Officiant fees range from $0 (friend ordained online) to $500+ (religious ceremony). Courthouse ceremonies are available for minimal additional cost. Total basic remarriage costs: $40-$75 for license and documentation alone.
Is there a waiting period to get a marriage license in South Dakota?
No, South Dakota has no waiting period for marriage licenses. You may apply for a license and use it for your ceremony on the same day. The license is valid for 90 days statewide, meaning you can apply in one county and have the ceremony performed in any other South Dakota county. Both parties must appear in person at a Register of Deeds office, present valid ID, and pay the $40 fee.
What happens to my ex-spouse's Social Security benefits if I remarry?
If you are receiving Social Security benefits based on your ex-spouse's earnings record and you remarry, your eligibility for those benefits typically ends. Under Social Security Administration rules, divorced spouse benefits cease upon remarriage. However, if your subsequent marriage ends (through death, divorce, or annulment), you may be able to reinstate benefits on your first ex-spouse's record. Survivor benefits have different rules: if you remarry after age 60, you can continue receiving survivor benefits.
Can my divorce settlement prevent me from remarrying?
No, a divorce settlement cannot legally prohibit remarriage. Any clause attempting to restrict your right to remarry would be void as against public policy. However, divorce agreements may include provisions that affect financial matters upon remarriage, such as automatic alimony termination or changes to property settlements. These financial provisions are enforceable even though restrictions on remarriage itself are not.
Next Steps After Reading This Guide
If you are planning to remarry after divorce in South Dakota, take these action steps:
- Obtain a certified copy of your divorce decree from the Clerk of Courts where your divorce was filed ($10-15)
- Verify your divorce is truly final with no pending appeals or modifications
- Visit any South Dakota Register of Deeds office with your ID and $40 for a marriage license
- If you are receiving alimony and remarrying, consult with an attorney about notification obligations
- If you are paying alimony and your ex-spouse remarries, file a motion to terminate support
- Consider a prenuptial agreement to protect assets in your new marriage
For personalized legal advice regarding remarriage after divorce in South Dakota, consult with a licensed South Dakota family law attorney who can review your specific divorce decree and circumstances.