Best Marriage Lawyers in South Carolina

About Marriage Law in South Carolina, United States

Marriage in South Carolina is a legally recognized union between two consenting adults. The state’s marriage laws define the requirements for entering into marriage, the procedures for obtaining a marriage license, and the rights and responsibilities involved. South Carolina does not recognize common law marriage entered into after July 24, 2019, which means couples must meet all legal requirements and undergo a formal ceremony for their marriage to be valid. Understanding the legal framework is important whether you are planning to marry, dealing with prenuptial agreements, or navigating marital rights and obligations.

Why You May Need a Lawyer

While many couples can manage marriage procedures on their own, there are situations where legal guidance is essential. Some common reasons you may need a lawyer in matters related to marriage include:

• Drafting or reviewing a prenuptial or postnuptial agreement
• Addressing issues related to marital property rights
• Clarifying legal obligations before and after marriage
• Navigating spousal support options
• Assistance with annulments or dissolution of previous marriages
• Ensuring compliance with all legal requirements when marrying someone from another country or state
• Protecting your interests in case of disputes regarding marriage legality

Local Laws Overview

South Carolina has specific laws governing marriage, which include:

• Minimum Age: The minimum age to marry is 18 without parental consent. Minors aged 16 and 17 may marry with parental consent. Under 16 marriage is not allowed.
• Marriage License: Couples must obtain a marriage license from the Probate Court. There is a mandatory 24-hour waiting period after the application before the license is issued.
• Residency: There is no residency requirement to marry in South Carolina. Both residents and non-residents can apply for a license.
• Prohibited Marriages: Marriages between close relatives, such as siblings or parent and child, are prohibited. Marriages to individuals currently married to someone else (bigamy) are invalid.
• Officiants: Judges, ministers, and other authorized officials may perform marriage ceremonies.
• Common Law Marriage: Common law marriage entered into after July 24, 2019, is not recognized; only valid ceremonial marriages qualify after this date.
• Prenuptial Agreements: Prenuptial agreements are legally recognized, but must meet certain legal standards to be enforceable.

Frequently Asked Questions

What documents do I need to apply for a marriage license?

You and your future spouse must provide valid photo identification, such as a driver’s license, state ID, passport, or military ID. Some counties may require proof of Social Security numbers or birth certificates for applicants under 18.

Is there a waiting period to get married in South Carolina?

Yes, there is a 24-hour waiting period between applying for and receiving your marriage license. Once issued, you can marry at any time within the validity period.

Do both parties need to be present when applying for a marriage license?

Yes, both individuals seeking to marry must be present to complete the application process at the Probate Court.

Can I marry a cousin in South Carolina?

No, South Carolina law prohibits marriage between close relatives, including full-blood siblings, half-siblings, ancestors, and descendants.

Are blood tests required for marriage in South Carolina?

No, South Carolina does not require blood tests or medical exams as part of the marriage license application process.

Is same-sex marriage legal in South Carolina?

Yes, same-sex marriage is legal in South Carolina, and same-sex couples have the same marriage rights and responsibilities as opposite-sex couples.

Can I get married the same day I apply for my marriage license?

No, there is a mandatory 24-hour waiting period. You must wait at least 24 hours after applying before receiving your marriage license.

Is a marriage performed in another state or country recognized in South Carolina?

Generally, yes, as long as the marriage was legally performed in the other jurisdiction and does not violate South Carolina public policy (for example, marriages between close relatives or bigamous marriages are not recognized).

What happens if I lost my marriage certificate?

You can request a certified copy of your marriage certificate from the Probate Court where your license was issued, or from the South Carolina Department of Health and Environmental Control’s vital records office.

How do I get a prenuptial agreement in South Carolina?

Prenuptial agreements must be in writing, signed voluntarily by both parties, and made in contemplation of marriage. Consulting a lawyer is recommended to ensure the agreement is valid and enforceable.

Additional Resources

• South Carolina Probate Courts: For marriage license applications and information
• South Carolina Department of Health and Environmental Control: For vital records, including marriage certificates
• South Carolina Bar Association: For legal resources, lawyer referrals, and educational materials
• Local Family Law Attorneys: For legal advice on prenuptial agreements, marital rights, and related matters

Next Steps

If you need legal assistance related to marriage in South Carolina, begin by gathering any documents related to your situation, such as identification, previous marriage certificates, or draft agreements. Contact your local Probate Court for information on marriage license requirements if you are planning to marry. For legal questions or concerns, especially regarding prenuptial agreements or complicated marital matters, consult a licensed family law attorney in South Carolina. The South Carolina Bar Association can help you find qualified lawyers. Seek advice early to ensure your rights and interests are protected throughout the legal process.