• Announcements

    • KC

      Get Smart on the Web   09/16/2016

      Be informed on better ways to stay safe on the web -- Source: Mozilla
Sign in to follow this  
Followers 0
Julep45

Legal Status of Cousin Marriage

This topic has had no activity within the past six months. It is recommended that you start a new topic instead of replying to old topics.

9 posts in this topic

My 1st cousin and I are in a relationship.  I live in a state where such marriages are legal; he lives in a state where they are not.  We hope to marry someday, and then relocate to the state he is from (South Dakota).  How can I find out if South Dakota will recognize a 1st cousin marriage legally performed in another state?  Are there considerations such as finances, estate, etc. that South Dakota might not recognize about a 1st cousin marriage from another state?

0

Share this post


Link to post
Share on other sites

i would recommend you check with a family law attorney in his state. you could check our state law page, but the laws regarding evading state laws to marry elsewhere are often kinda murky.

however, if he were to establish residency in your state, marry you, and then later you both relocate to his original state, then there would be no impediment to that.

0

Share this post


Link to post
Share on other sites

Julep45,

I did a bit of digging for you. LadyC is correct, and, it seems, there is no specific "to avoid this statute" wording. In fact, as I read it, it would seem the opposite, and SD WILL recognize a marriage, even if done elsewhere specifically to avoid the prohibition. EXCEPT for same-sex marriage, which if I noticed correctly in other search hits, is under appeal. Here is your relevant statute as of apparently 2013, as the copyright would indicate. 

http://legis.sd.gov/Statutes/Codified_Laws/DisplayStatute.aspx?Type=Statute&Statute=25-1-38

WE ARE NOT LAWYERS, AND DON'T GIVE LEGAL ADVICE. That said, I'll quote here, and bold for you....: 25-1-38.  Validity of marriages contracted outside state--Same-sex marriages excluded. Any marriage contracted outside the jurisdiction of this state, except a marriage contracted between two persons of the same gender, which is valid by the laws of the jurisdiction in which such marriage was contracted, is valid in this state.

Source: SDC 1939, ? 14.0103; SL 2000, ch 115, ? 1.

Notice the first two words in bold? "ANY MARRIAGE"? There are several states which have very similar wording as this, and an exception to the effect of "unless otherwise prohibited by Sec. blah, Par. blah blah of this act." You look that up, and it excludes consanguineous marriages. Well, SD it would seem does NOT make that distinction, or this is where it would be..... SO....  methinks he should come visit a long weekend or some such, and return with his new bride.    :wink:

Again, YMMV (Your Mileage May Vary), and you may still wish to seek legal advice, but, if you do, you take this statute, and simply ask "Am I reading this correctly?" Which, of course, IMHO, you are. This is one of the more cut and dried wordings I've seen. Refreshing to see a Legislature keep it simple.  :grin:

0

Share this post


Link to post
Share on other sites

well there ya have it, that one wasn't so murky after all! i was just too lazy to look it up, and i'm glad hawk did.

we need to hire hawk to update our marriage law page LOL.

0

Share this post


Link to post
Share on other sites

we need to hire hawk to update our marriage law page LOL.

LadyC,

Job accepted, depending on the pay.....LOL. All kidding aside, I will actually try to earn my keep a little in this regard. Since the spamhammer isn't needed as much as it was, perhaps I should don my jailhouse lawyer garb and start digging. I will be laid off on the 21st of this month, and so far as I can tell, I'm liable to have the winter off. I'll start poking around, see what I can find, and figure out how to go about it. I'll not worry myself with the green States. I'll focus on the yellow and red States. The yellow States, we have a pretty good handle on the exceptions in the statutes, but not necessarily the "void" clauses. I'll do as above, and link the url.  I'll probably try to put it all in a wordpad or notepad file, and see if I can have it as an attachment in an admin thread. As a mod, I'm not sure I have access to actually changing the proper pages, and I have even less confidence in my ability to do so without screwing something up in the process of trying, LMAO. 

0

Share this post


Link to post
Share on other sites

there was a site recently that i provided statutes from on a similar question. i'm sitting here thinking on one hand i must have dreamed it, but on the other hand thinking i'm so sure that it had the statutes for all states, and yet it was a government website, so i know it was accurate. it doesn't sound like that's even possible, does it? but start with looking through any of the posts i've done in the last 4-6 weeks that had anything to do with state laws.

and thank you!

(as for changing the pages in question, we'll leave that to kc or cm)

0

Share this post


Link to post
Share on other sites

LadyC,

That's pretty good, and I'll check it against the state laws page. It doesn't go quite as deep as I'm wanting to go though. I'd like to list the States that have a void clause, and show just exactly what the verbiage is. Some will not recognize a first cousin marriage, no matter where it was solemnized. Others, such as we see here, will, provided it is a legal marriage where it was solemnized. Still others will recognize it, with the "unless specifically to avoid the prohibitions of this statute" wording. Something like....

States that will not recognize it, regardless of jurisdiction:

States that will only recognize it, if previous residence in jurisdiction:  (Can't skirt the statute)

States that won't allow it, but will recognize a legal marriage from another jurisdiction: (Such as we see here, with no "to avoid/residency" wording)

I'd also like to get a breakdown of the handful of Wisconsins out there where it is considered felony incest. I know WI, TX, and, I think NV. I'm also thinking MN is in there, and maybe OR. Please don't anyone quote me on these, as I'm not totally sure. WI, I KNOW, I did a LOT of digging on that one. TX we know, because of how stupidly they went about it. Something like...

States where cousins can't marry, but it is not considered criminal incest: (Most of the "red" States on our map)

States where cousins can't marry, and it IS considered criminal incest: (A handful of States)

  and, of course, a special mention for Wisconsin, where it IS criminal incest UNLESS you are of a certain age, or have documentation of sterility. Then, of course, you can legally marry. There HAS to be something funny in the cheese is all I can figure on that one.  :shocked:

I have no doubt any of these statutes could be overturned. It would only take someone financed well enough, and/or hard headed enough, and/or well enough versed in standing court opinions. I know CM has indicated he would have no reluctance whatsoever to pick up the gauntlet, should some States Attorney come itching for a fight. 

0

Share this post


Link to post
Share on other sites

true, it's not in depth, but it will be a good starting place. with ours, you'd have needed to verify all the legal states are still legal before checking the fine print. here you will be able to pretty much glance over our legal states, and then dig deeper on the others. it'll still be a lot of work though.

0

Share this post


Link to post
Share on other sites

Your content will need to be approved by a moderator

Guest
You are commenting as a guest. If you have an account, please sign in.
Reply to this topic...

×   You have pasted content with formatting.   Remove formatting

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

Sign in to follow this  
Followers 0