Does South Carolina Recognize Common-Law Marriage?
Common law marriage is the term used to describe a marriage between a couple without a marriage license or formal wedding ceremony. It is based on state law. Therefore, if a state recognizes common law marriage, case law within that state determines the requirements for a couple to be in a common law marriage.
South Carolina was one of fewer than a dozen states that recognized common law marriage in 2019. However, the South Carolina Supreme Court eliminated common-law marriage on July 24, 2019. In the case of Stone vs. Thompson, the court ruled that the foundations of common law marriage had eroded with time and the outcome of common law marriage was convoluted and unpredictable.
For South Carolina to recognize a marriage as legal, the couple must obtain a marriage license from the court. The couple does not have to have a formal ceremony or a church wedding to be married in South Carolina. However, they must be married by an Ordained minister, a Jewish Rabbi, an officer authorized to administer oaths in South Carolina, or a South Carolina Notary Public.
The Supreme Court did not make the law retroactive when it abolished common-law marriage in South Carolina. If you were a party to a common law marriage before July 24, 2019, your marriage may still be legally valid. However, the rules for determining common-law marriages can be confusing; contact a lawyer for help.
Requirements for Common Law Marriage in South Carolina
First, the common law marriage must have been established before the court abolished them. You would need to prove that you and your spouse established the common law marriage before July 24, 2019. The partners must be at least 16 years old, not related closely by blood, and not be married to anyone else.
A common misconception is that you must live together as spouses for a specific number of years to be considered married under common law in South Carolina. However, there is no requirement for a couple to live together for any specific period to be married under common law. Instead, the court focuses on whether the parties intended to be married.
The court must have evidence that the couple viewed and presented themselves as married. For example, they introduced each other as spouse to other people. They filed joint tax returns and included each other on health insurance at work. One spouse uses the last name of the other spouse. The court might consider contracts, birthday cards, medical records, and other evidence that the individuals held each other out to the world as being married.
Therefore, the court considers the evidence on a case-by-case basis to determine if a couple meets the requirement for a common-law marriage in South Carolina.
Is There Such a Thing as Common Law Divorce in South Carolina?
There is no such thing as common law divorce in South Carolina. If you are married under common law, the state recognizes you and your spouse as being legally married. Therefore, you enjoy the benefits of a married couple. However, if you decide you no longer want to be married, you must go through the legal process of obtaining a divorce. Merely separating and saying you are divorced is not sufficient to legally end a common-law marriage.
You might be separated from your common-law spouse for years. However, if you remarried, the marriage would be unlawful because you cannot marry someone when you are already married. If you pass away, your common-law spouse could claim part of your estate.
To end a valid common-law marriage in South Carolina, you need to file for divorce through the courts. The courts have jurisdiction over the same matters as any other divorce, including child custody, spousal support, child support, and property division.
Where Can I Get Help With Questions About a Common Law Marriage in South Carolina?
If you have questions about common-law marriage or want to pursue a divorce from a common-law spouse, contact our family law attorneys. During a consultation, we’ll discuss your legal options and rights so you can make decisions that are in your best interest.
Contact an Experienced Family Law Attorney at Minor Law Divorce Lawyers for Legal Advice
To learn more and get the help you deserve, call our divorce & family law firm Minor Law Divorce Lawyers in Rock Hill, SC at (803) 504-0971 or contact us online today.
You can also visit our law firm at 1273 Ebenezer Rd, Suite B, Rock Hill, SC 29732.
We serve throughout York County.
