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Commonly Asked Questions about South Dakota Law

A common law marriage is one by agreement of two parties without a formal ceremony. South Dakota does not recognize a common law marriage originating in this state, unless it was consummated before 1959.
No minor, as defined in subdivision 26-7A-1(21), may intentionally create, produce, distribute, present, transmit, post, exchange, disseminate, or possess, through any computer or digital media, any photograph or digitized image or any visual depiction of a minor in any condition of nudity, as defined in subdivision 22
South Dakota: Its illegal to lie down and fall asleep in a cheese factory. Wisconsin: Unless a customer directly asks for it, margarine may not be substituted for butter in a restaurant. Wyoming: You may not take a picture of a rabbit from January to April unless you have an official permit.
Three other statesAlaska, South Dakota and Tennesseeare opt in states for community property. 3 Whether a state has a common law or community property system, the division of assets in a divorce also may be determined by a prenuptial agreement or a postnuptial agreement if the divorcing couple has one.
Only marriage between a man and a woman shall be valid or recognized in South Dakota. The uniting of two or more persons in a civil union, domestic partnership, or other quasi-marital relationship shall not be valid or recognized in South Dakota.
In 2020, South Dakota became the first state where voters approved both recreational and medical marijuana legalization in the same election. But the state Supreme Court struck down the adult-use measure on a procedural technicality.
A common law marriage is a legally recognized marriage between two people who have not purchased a marriage license or had their marriage solemnized by a ceremony. Not all states have statutes addressing common law marriage. In some states case law and public policy determine validity.
South Dakota does not recognize a common law marriage, unless it was consummated prior to 1959.