Untying the Knot: Exploring the Truth About Common Law Marriage in South Carolina

AvatarByKelsey Garrison Marriage

“Marriage is a sacred bond between two individuals, but what happens when traditional vows and licenses are not exchanged? This is where the concept of common law marriage comes into play. Common law marriage, also known as informal marriage, has been a contentious topic for many years. And in South Carolina, the discussion surrounding its legality has been particularly heated. From misconceptions to legal battles, let’s dive into the realm of common law marriage and uncover the truth about its existence or non-existence in South Carolina.”

What is Common Law Marriage?

Common law marriage, also known as informal marriage or marriage by habit and repute, is a type of marriage that is recognized by some states in the United States without the need for a formal ceremony or marriage license. Essentially, it is a form of legal recognition of a relationship that has the same rights and obligations as traditional marriages.

In order for a common law marriage to be valid, there are three requirements that must be met. First, both parties must have the intent to be married. This means that they must hold themselves out to others as being married and present themselves as spouses. Second, they must cohabitate or live together consistently. Finally, they must have a mutual agreement to enter into the marital relationship.

It is important to note that not all states recognize common law marriages. South Carolina is one of the few states that still recognizes this type of marriage.

Is There Common Law Marriage in South Carolina?

Yes, South Carolina does recognize common law marriages under certain conditions. In order for a common law marriage to be valid in South Carolina, both parties must meet the three requirements mentioned above: intent to be married, cohabitation, and mutual agreement.

It is also important to note that even if a couple meets these requirements, they may not automatically have a valid common law marriage. They may still need to prove their relationship in court through various evidence such as joint bank accounts, shared assets, or other proof of cohabitation.

Advantages and Disadvantages of Common Law Marriage

Like any other type of marriage, there are advantages and disadvantages to entering into a common law marriage.

One major advantage of common law marriage is the ease and simplicity of entering into it. As mentioned earlier, there is no need for a formal ceremony or license. This can save time and money for the couple. Additionally, common law marriages are recognized in many states, making it easier to move and have the marriage recognized in other places.

Another advantage is that common law marriages offer the same rights and protections as traditional marriages. In South Carolina, this includes inheritance rights, medical decision-making abilities, and other legal benefits.

However, there are also potential disadvantages to common law marriage. One major disadvantage is that if a couple decides to separate, they may face difficulty in dissolving the marriage. They may still need to go through a formal divorce process.

There may also be difficulties in proving a common law marriage in certain situations, such as when dealing with insurance or government benefits. Without a formal marriage license, couples may face challenges in proving their marital status.

How to Prove a Common Law Marriage in South Carolina

In order to prove a common law marriage in South Carolina, couples must present evidence of meeting the three requirements mentioned earlier: intent to be married, cohabitation, and mutual agreement.

Some examples of evidence that can be used to prove these requirements include joint tax returns, shared bank accounts or credit cards, shared living expenses and bills, copies of leases or mortgage agreements showing both names on the documents, or testimony from friends and family who can attest to the couple’s relationship.

It is important for couples who are entering into a common law marriage in South Carolina to keep records and evidence of their relationship throughout its duration. This will help strengthen their case if they ever need to prove their marriage status in court.

How Common Law Marriage Affects Divorce Proceedings

In South Carolina, common law marriages are treated the same as traditional marriages when it comes to divorce proceedings. This means that if a couple decides to end their common law marriage, they will need to go through a formal divorce process.

During divorce proceedings for common law marriages in South Carolina, property and assets will be divided according to equitable distribution laws. This means that any property or assets acquired during the marriage will be divided fairly between both parties, regardless of whose name is on the title.

Additionally, common law spouses may also be entitled to alimony or spousal support, depending on the individual circumstances of the case.

In conclusion, yes, there is common law marriage in South Carolina. Couples who meet the three requirements of intent, cohabitation and mutual agreement can have their relationship recognized as a valid common law marriage. While there are some potential challenges, this type of marriage offers many of the same benefits and protections as traditional marriages. It is important for couples to keep evidence of their relationship to prove their marital status if needed in court. And in case of dissolution, common law marriages are treated similarly to traditional marriages in divorce proceedings.

What is Common Law Marriage?

Common law marriage, also known as non-traditional marriage or informal marriage, is a type of marital union where two individuals live together and present themselves as a married couple without going through a formal marriage ceremony. In other words, it is a way of legally recognizing a relationship without having to obtain a marriage license or have an official wedding.

Common law marriages were initially recognized in medieval Europe as a way to accommodate couples who couldn’t afford or were not allowed to get married due to religious reasons. However, with the rise of modern legal systems and the implementation of more strict and formal requirements for marriage, common law marriages have become less common.

Is There Common Law Marriage in South Carolina?

South Carolina is one of the few states in the United States that recognizes common law marriages. Under South Carolina law, common law marriages are considered valid if certain legal requirements are met. According to Section 20-1-360 of the South Carolina Code of Laws, a common law marriage can be established in the following ways:

1. Both individuals must be of legal age (18 years old) and capable of consent.
2. The couple must live together and present themselves as married in their daily lives.
3. They must have the intent to be legally married.
4. The cohabitation must be continuous and uninterrupted.
5. Finally, there must be clear and convincing evidence that the couple intended to be married.

It is important to note that simply living together for a certain period of time does not automatically create a common law marriage in South Carolina. In fact, some states have specific laws that recognize couples who have lived together for long periods as married by default (i.e., “7-year rule”), but this is not applicable in South Carolina.

How Do You Prove a Common Law Marriage in South Carolina?

Proving a common law marriage in South Carolina can be quite challenging since there is no official documentation, such as a marriage certificate, that can serve as proof. However, there are certain ways to establish the existence of a common law marriage. Some evidence that may be used to prove a common law marriage in South Carolina includes:

1. Joint tax returns and insurance policies.
2. Leases or mortgage agreements that show both parties’ names.
3. Joint assets, such as bank accounts and properties.
4. Testimonies from friends and family who witnessed the couple’s cohabitation and intent to be married.

It is important to note that these pieces of evidence may not be enough on their own, but when presented together, they can help establish a common law marriage.

What Are the Benefits of A Common Law Marriage in South Carolina?

There are several benefits of being recognized as married under common law in South Carolina, including:

1. Divorce rights: Couples who have established a common law marriage in South Carolina have the same rights to divorce as couples who went through a formal wedding ceremony.

2. Property rights: In the event of separation or death of one partner without a will, the surviving partner has the same rights over shared property as legally married couples.

3. Health insurance benefits: Many employers offer coverage for domestic partners and recognize common-law marriages for this purpose.

4. Name change: Unlike other states where couples must obtain a court order to change their last names after getting married through common law, in South Carolina, couples may simply use their chosen last names without needing to go through the legal process.

Can You End a Common Law Marriage in South Carolina?

Just like any other marriage, ending a common law marriage requires legal action. Couples going through separation or divorce should consult with an experienced family lawyer to determine their options and ensure all legal requirements are met.

In conclusion, common law marriages are recognized in South Carolina as a valid form of marriage, as long as the couple meets the legal requirements and provides sufficient evidence of their intent to be married. Although not as common as traditional marriages, common law marriages offer many of the same benefits and legal rights. However, establishing and proving a common law marriage can be quite challenging, which is why consulting with a family lawyer is highly recommended to ensure all legal requirements are met.

Q: Is common law marriage recognized in South Carolina?
A: No, as of July 24, 2019, common law marriage is no longer recognized in South Carolina.

Q: Can I establish a common law marriage in South Carolina if I lived with my partner for a certain amount of time?
A: No. In South Carolina, there is no specific timeframe for cohabitation that constitutes a valid common law marriage.

Q: Is there any way to have a common law marriage recognized in South Carolina now that it’s been abolished?
A: If you entered into a valid common law marriage before July 24, 2019, it will still be recognized by the state. Otherwise, there is no legal way to establish a new common law marriage in South Carolina.

Q: How does the abolishment of common law marriage affect property rights and division of assets in South Carolina?
A: Common law spouses who were previously considered married will retain all rights and responsibilities regarding property and assets. For couples who were not legally married before July 24, 2019, they will not have the same rights as traditional spouses when it comes to property division.

Q: Will couples who were previously considered married under common law still need to get a divorce if they want to end their relationship?
A: Yes. Couples who entered into a legal common law marriage before the abolishment must go through the same legal processes for divorce as traditional marriages.

Q: Can out-of-state common law marriages be recognized in South Carolina before or after the abolishment?
A: Yes. As long as the out-of-state marriage was legally established and recognized in their respective state, it will still be considered valid in South Carolina.

In conclusion, while some states recognize common law marriage, South Carolina is not one of them. According to the state’s laws and court rulings, a valid marriage in South Carolina must follow specific legal requirements, including obtaining a marriage license and having a ceremony performed by an authorized officiant. The couple must also have the intent to be married and publicly present themselves as spouses.

The idea of common law marriage may seem appealing, especially for couples who have been together for a long time without getting legally married. However, it is important to understand that without proper legal documentation, these couples do not have the same rights and protections as legally married couples. In the event of a separation or death of one spouse, common law partners in South Carolina may have little to no legal rights or recourse.

It is also essential to note that other states may recognize common law marriages formed in South Carolina if they meet their requirements. Therefore, it is crucial for couples to educate themselves on the laws of any state they plan on living in together as a long-term unmarried couple.

While there may be some benefits to having common law marriage recognized in South Carolina, such as protecting the rights of domestic violence victims or allowing inheritance for non-traditional families, these issues can be addressed through other legal mechanisms.

In

Author Profile

Avatar
Kelsey Garrison
Kelsey Garrison, our esteemed author and a passionate writer in the world of weddings and bridal fashion, has been an integral part of our website since its inception.

With a rich history in creating engaging content, Kelsey has consistently brought fresh insights and valuable information to our readers.

Starting in 2024, Kelsey made a significant transition to focus specifically on the "Wedding/Bridal Fashion, Wedding Tips" niche. This shift was driven by her desire to delve deeper into the intricacies of wedding planning and bridal fashion—a field that blends timeless elegance with contemporary trends.

Her articles are meticulously researched and designed to provide thorough answers and innovative ideas for all things wedding-related.