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South Dakota Annulment and Prohibited Marriage Laws
More Information on Annulment and Prohibited Marriage Laws
| Code Section | 25-1-1, 25-3-1, et seq. 25-1-8 |
| Grounds for Annulment | Underage; previous marriage undissolved; either party of unsound mind; consent by fraud or force; physical incapacity |
| Time Limits for Obtaining Annulment | 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 |
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