25-1 VALIDITY AND PERFORMANCE OF MARRIAGES
VALIDITY AND PERFORMANCE OF MARRIAGES
Marriage defined--Consent and solemnization required.
Present consent to marriage required.
Manifestation and proof of consent and consummation of marriage.
Incestuous marriages void.
Marriage with stepchild void.
Bigamous marriage void--Former spouse absent or believed dead.
Age of consent to marriage with and without parental consent.
License required for marriage--Fee--Disposition of fees--Form--Certified copies--Fee.
Application for marriage license--Proof of age required.
Application for marriage license--Required statement.
Issuance of license to unqualified persons prohibited.
Consent of parent or guardian required for marriage of minor--Memorandum in
Unlawful issuance of license as misdemeanor.
25-1-18 to 25-1-23.
Time allowed after license for solemnization of marriage.
Distribution of HIV educational material before license issued.
Solemnization and recording of marriages required--Common-law marriages prior
to 1959 not invalidated.
Persons authorized to solemnize marriages.
Solemnization of marriage without license as misdemeanor.
Identity and ages of parties to be established before solemnization of marriage.
Solemnization of marriage between unauthorized persons as misdemeanor.
Certificate delivered to parties--Return to register of deeds.
Return of marriage performed without person authorized to perform--Failure as
Record maintained by Department of Health--Entry as evidence of marriage--Local
registrar to file records with department.
Validity of marriages contracted outside state--Same-sex marriages excluded.
Marriage voidable if party physically incapable or consent obtained by fraud or
Marital rights not restored by pardon from life sentence.