Inmate Marriages: Common Law In South Carolina?

As of July 24, 2019, South Carolina no longer recognizes new common-law marriages. This means that an inmate in South Carolina cannot enter into a common-law marriage, as doing so would require a marriage license and a ceremony. However, common-law marriages established before this date may still be recognized by the state, provided certain requirements are met. These requirements include the couple's intent to be married, their legal capacity to marry, and their public holding as a married couple. If an inmate was in a relationship that met these criteria before July 24, 2019, it may be considered a common-law marriage in South Carolina. To fully understand their rights and the potential implications, the inmate should consult a family lawyer or seek legal advice.

Common-law marriage requirements in South Carolina

In South Carolina, common-law marriages are no longer recognized by the state as of July 24, 2019, following a ruling by the South Carolina Supreme Court. This means that any couple who did not enter into a common-law marriage before this date cannot establish a valid common-law marriage in South Carolina.

Prior to this ruling, South Carolina was one of only eight states that allowed common-law marriages. Common-law marriages were recognized in South Carolina as early as 1911. The state's recognition of these marriages without formal documentation was desirable to legitimize children born of the relationship and due to the difficulties in transportation to the courthouse to obtain a marriage license.

However, proving a common-law marriage has long caused issues for couples and the courts, especially in divorce and death situations. The Supreme Court's ruling in 2019 aimed to address these problems and simplify the legal process. The ruling also clarified the requirements for proving a common-law marriage established before the cutoff date.

For a common-law marriage to be recognized in South Carolina before the 2019 ruling, certain criteria had to be met. Both partners must be at least 16 years old, not currently married to anyone else, and not closely related by blood. Additionally, the couple must live together and agree to consider themselves as spouses. Mutual assent, or the couple's intent to be married, is a crucial element.

It is important to note that meeting these requirements did not automatically grant common-law marriage status; it was ultimately a recognition by the state. Once a common-law marriage was proven, it was considered as valid as a traditional ceremonial marriage. Common-law marriages provided the same legal rights and responsibilities as licensed marriages, including spousal benefits, inheritance rights, and tax-filing status.

How to prove a common-law marriage in South Carolina

As of July 24, 2019, South Carolina no longer recognizes new common-law marriages in the state. This decision was made by the South Carolina Supreme Court in the case of Stone v. Thompson. However, this ruling does not affect common-law marriages that were entered into before this date. So, if you were in a common-law marriage before July 24, 2019, you can still prove it.

Proving a Common-Law Marriage

To prove a common-law marriage in South Carolina, you must provide "clear and convincing evidence" to the court. This evidence can include:

• Proof that both partners intended to be married to each other and recognized that their partner intended to be married to them.
• Proof that the couple lived together and held themselves out as husband and wife to family, friends, and the community.
• Documents such as joint tax returns, joint bank accounts, or insurance policies listing the couple as spouses.
• Testimony from family and friends who can attest to the couple's relationship and marital intent.

It is important to note that simply living together, having a sexual relationship, or referring to each other as "husband" or "wife" does not necessarily establish a common-law marriage. The court seeks evidence that the couple intended to create a real marital union, not just cohabitation.

Rights and Benefits of Common-Law Marriage

Once you prove the existence of a common-law marriage in South Carolina, it is legally valid and grants the same rights and benefits as a traditional ceremonial marriage. These rights include:

• The requirement of divorce or separation before marrying someone else – no legal bigamy/polygamy.
• Entitlement to spousal benefits like Social Security and pensions based on the other spouse’s work history.
• The ability to file joint state/federal tax returns.
• Coverage under the spouse’s workplace health insurance policy.
• Inheritance rights, including inheriting a spouse’s estate without a will and transferring property tax-free between spouses.

Considerations for Inmates

While it is not explicitly mentioned in the sources, it is likely that inmates in South Carolina can still enter into or prove a common-law marriage if the relationship meets the necessary requirements and was established before July 24, 2019. However, it is always advisable to consult with a family lawyer in South Carolina to understand your specific rights and options.

Rights and benefits of common-law spouses in South Carolina

In South Carolina, common-law marriages were recognised by the state before the 24th of July 2019. After this date, the South Carolina Supreme Court ruled that common-law marriages would no longer be possible. This ruling was made in the case of Stone v. Thompson, and it prevents any new common-law marriages from being established in the state.

However, for couples who entered into a common-law marriage before this cutoff date, their relationship is still considered valid and they are granted the same legal rights and responsibilities as couples with a ceremonial marriage license.

Rights and Benefits

• Spousal benefits: Common-law spouses are entitled to spousal benefits, such as Social Security and pensions, based on their partner's work history.
• Tax returns: They can file joint state and federal tax returns.
• Health insurance: They can be covered under their spouse's workplace health insurance policy.
• Inheritance: They have inheritance rights, including the ability to inherit their spouse's estate without a will and transfer property tax-free between spouses.
• Child-related matters: They have custody, visitation, and child support arrangements for children born during the marriage.
• Alimony: If the couple separates, there may be spousal support obligations and eligibility for alimony payments.
• Divorce: If the couple wishes to end their relationship, they must go through the formal divorce process, which includes the division of marital property and other responsibilities.
• Legitimacy of children: Children born to parents in a valid common-law marriage are considered legitimate.

It is important to note that while common-law marriages offer convenience and allow couples to function as partners, they may face challenges in obtaining certain spousal benefits due to the lack of a marriage license. Extra proof or documentation may be required in such cases.

Criteria for Common-Law Marriage Recognition in South Carolina

Before the cutoff date, certain criteria had to be met for a common-law marriage to be recognised in South Carolina:

• Both partners must be at least 16 years old and mentally competent.
• They must not be currently married to anyone else and not be closely related by blood.
• The couple must live together and agree to consider themselves as spouses, holding themselves out as husband and wife to the public.
• Both partners must intend to be married to each other and understand each other's intent.

Simply cohabitating does not create a common-law marriage, and there is no minimum period required for it to be established.

Inmate Common-Law Marriage

Regarding inmates, there is no specific information on whether they can enter into a common-law marriage. However, given the general criteria for common-law marriage in South Carolina, it is likely that inmates would face challenges in meeting the requirements, particularly the necessity to live together and hold themselves out as spouses in public.

Divorce and separation for common-law spouses in South Carolina

In South Carolina, common-law marriages are no longer recognised by the state as of July 24, 2019. This means that any new marriages formed after this date will require a marriage license and ceremony to be considered valid. However, for couples who entered into a common-law marriage before this date, their marriage is still valid and recognised by the state.

For common-law spouses in South Carolina who wish to separate or divorce, here is some information to consider:

Separation:

South Carolina does not legally recognise "legal separation". Instead, the state offers Orders of Separate Maintenance and Support, which outline specific details regarding child custody, visitation, support arrangements, maintenance of marital assets, and payment of marital debts until a final hearing or trial. These orders are temporary and do not cover divorce or end the marriage. To initiate this process, one spouse (the plaintiff) files a Summons and Complaint for an Order of Separate Maintenance and Support, along with a Notice and Motion for Temporary Relief. The other spouse (the defendant) then has 30 days to respond.

Divorce:

For common-law spouses seeking a divorce in South Carolina, it's important to understand that the process is the same as for traditionally married couples. The only way to legally end a common-law marriage is through divorce or the death of one of the spouses. All divorce laws regarding responsibilities, rights, marital property division, alimony, child support, and child custody will apply equally to common-law spouses.

There are five grounds for divorce in South Carolina: adultery, habitual drunkenness, physical cruelty, abandonment, and no-fault, which requires living separately for at least one year. It's important to consult with a lawyer to navigate the specific requirements and procedures for divorce in the state.

Alternatives to common-law marriage in South Carolina

In 2019, the South Carolina Supreme Court abolished the institution of common-law marriage, leaving individuals with the choice to get married or have their relationship go unrecognized by law. However, couples who wish to avoid legal marriage can consider alternatives such as Marvin agreements or domestic partnerships, which offer some protections for cohabiting relationships.

Marvin Agreements

Marvin agreements, named after the 1976 case of Marvin v. Marvin, are contracts that can be used to honor living-together contracts and grant some protections to individuals in cohabiting relationships. While they do not provide the same rights and protections as legal marriage, they can offer some property protection to the individual in the relationship who takes on a caretaker role.

Domestic Partnerships

Domestic partnerships are another alternative to legal marriage that can provide certain rights and protections to cohabiting couples. For example, in New York City, domestic partners of first responders are provided with health insurance coverage and visitation rights in hospitals. Creating a domestic partnership registration system would ensure that individuals in a caretaking role are afforded property protection.

Formal Agreements

Couples who wish to maintain an unmarried status may want to draw up a formal agreement to define their arrangement and proactively document how they plan to handle situations where they won't be able to take advantage of the privileges granted to married couples. This can include executing a health care power of attorney or a financial power of attorney to allow their partner to make decisions on their behalf in the event of incapacitation.

Frequently asked questions