South Dakota Statutes

§ 25-1-8 — Bigamous marriage void--Former spouse absent or believed dead.

South Dakota § 25-1-8
JurisdictionSouth Dakota
Title 25DOMESTIC RELATIONS
Ch. 25-1VALIDITY AND PERFORMANCE OF MARRIAGES

This text of South Dakota § 25-1-8 (Bigamous marriage void--Former spouse absent or believed dead.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
S.D. Codified Laws § 25-1-8 (2026).

Text

A subsequent marriage contracted by any person during the life of a former husband or wife of such person with any person other than such former husband or wife, is null and void from the beginning, unless the former marriage has been annulled or dissolved, or unless such former husband or wife was absent and not known to such person to be living for the space of five successive years immediately preceding such subsequent marriage, or was generally reputed and was believed by such person to be dead at the time such subsequent marriage was contracted, in either of which cases the subsequent marriage is valid until its nullity is adjudged by a competent tribunal.

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Related

State v. Bale
512 N.W.2d 164 (South Dakota Supreme Court, 1994)
10 case citations
Persche v. Jones
387 N.W.2d 32 (South Dakota Supreme Court, 1986)
8 case citations
Starrett v. Tyon
392 N.W.2d 94 (South Dakota Supreme Court, 1986)
3 case citations

Legislative History

SDC 1939, § 14.0106 (3).

Nearby Sections

15
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Bluebook (online)
South Dakota § 25-1-8, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/25-1-8.