South Carolina Common Law Marriage
Posted by Molly
Common law marriage is not something you hear much about these days, although it is still recognized as a valid relationship in some states. South Carolina is one of the few states that recognize common law marriage—I think there are 10. Those are Alabama, Colorado, the District of Columbia, Iowa, Kansas, Montana, New Hampshire, Oklahoma, Rhode Island, South Carolina, Texas, and Utah.
I’d like to spend a little bit of time talking about how to be married through “common law” today. Most people seem to believe that if you live with someone for a certain period of time, you are married according to the law. It seems that the majority of people think that is a 6 or 7-year period of time. But just living together is not enough to say that you are married.
The state of South Carolina has laid out several criteria that determine whether a marriage is valid through common law. For example, the two parties must have a present intent to enter into a marriage-type contract. They have to mutually agree to have a relationship together as man and wife. They have to have lived together continuously for a minimum time period of 30 days. And, according to South Carolina code, the minimum age for a common law marriage is 14 years old.
Once established, a common law marriage is just as legally binding as if you had a statutory or ceremonial marriage. It is just created differently. Common law marriages are not licensed or solemnized, but once you have established one you have to go to court in order to dissolve it, just like a regular divorce.
Common law marriage is a tricky thing in the eyes of the law, and I hope you check back with us often so we can continue to update you on South Carolina common law marriage laws.
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