Anaya Nolan
Common-law marriage has existed for centuries in South Carolina. However, as of July 24, 2019, the state no longer recognizes new common-law marriages. This means that inmates in South Carolina cannot enter into a common-law marriage. Couples who want to be considered married in South Carolina must obtain a marriage license and participate in a ceremony. For couples who entered into a common-law marriage before July 24, 2019, their relationship is still considered valid and they have the same rights as couples who are ceremonially married.
| Characteristics | Values |
|---|---|
| Can inmates in South Carolina become common-law married? | No, South Carolina does not recognize new common-law marriages after July 24, 2019. |
| Requirements for common-law marriage | Both partners must be at least 16 years old, not currently married, not closely related by blood, mentally competent, and must live together and agree to consider themselves as spouses. |
| Recognition of common-law marriage | Common-law marriages are recognized in South Carolina if they were entered into before July 24, 2019, with the proper proof. |
| Rights and benefits of common-law marriage | Common-law marriages have the same rights and benefits as traditional marriages, including spousal benefits, inheritance rights, and the ability to file joint tax returns. |
| Termination of common-law marriage | Common-law marriages can only be terminated by death or divorce, and the same divorce laws and responsibilities apply as in traditional marriages. |
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What You'll Learn
- Common-law marriage is no longer recognised in South Carolina
- Couples must obtain a marriage license and have a ceremony
- Common-law marriages prior to July 24, 2019, are still valid
- The couple must intend to be married and hold themselves out as married
- Common-law marriages have the same validity and rights as ceremonial marriages
Common-law marriage is no longer recognised in South Carolina
Common-law marriage has existed in South Carolina for centuries. It was established when transportation to courthouses was difficult and the cost of a marriage license was high. The state's recognition of marriages without formal documentation was particularly desirable to legitimize children born outside of wedlock. However, proving a common-law marriage has long caused issues for couples and courts, especially in divorce and death situations.
In 2019, the South Carolina Supreme Court ruled that common-law marriages would no longer be recognized in the state. This ruling, issued in the case of Stone v. Thompson, prevents new common-law marriages from being established in South Carolina after July 24, 2019. The ruling does not affect common-law marriages entered into before this date, which are still considered valid.
The ruling means that couples who wish to be considered married in South Carolina must now obtain a marriage license and participate in a marriage ceremony. This can be a simple and cost-effective process, with the ceremony performed by a notary public or ordained religious leader.
Prior to the 2019 ruling, South Carolina was one of only eight states that allowed common-law marriage. The state had relatively relaxed requirements for common-law marriage recognition. Both partners had to be at least 16 years old, not currently married, and not closely related by blood. Additionally, the couple had to live together and agree to consider themselves as spouses. However, meeting these requirements did not automatically grant common-law marriage status; it was ultimately a recognition by the state.
Now, couples in South Carolina who wish to avoid a legal marriage may want to draw up a formal agreement to define their arrangement and maintain an unmarried status. This can help prevent potential disputes over property ownership and other issues that married couples typically do not face.
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Couples must obtain a marriage license and have a ceremony
In South Carolina, couples who wish to marry must obtain a marriage license and participate in a marriage ceremony. This is because South Carolina no longer recognizes common-law marriages as of July 24, 2019, following a ruling by the South Carolina Supreme Court.
Obtaining a Marriage License
To obtain a marriage license in South Carolina, couples must meet certain requirements. Both partners must be at least 16 years old (with parental consent), not currently married to anyone else, not closely related by blood, and mentally competent.
The Marriage Ceremony
The marriage ceremony can be simple and does not require a lavish celebration. A notary public or an ordained religious leader can perform the marriage ceremony in South Carolina.
Rights and Benefits of Legal Marriage
Legal marriage provides several rights and benefits that are not automatically granted in a common-law marriage. These include:
- Spousal benefits like Social Security and pensions based on the 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 tax-free property transfer between spouses.
- Easier resolution of potential property ownership disputes.
- The ability to make decisions on behalf of your spouse should they become incapacitated (through a health care power of attorney or financial power of attorney).
Common-Law Marriages Prior to July 24, 2019
It is important to note that the South Carolina Supreme Court ruling only applies to new relationships formed after July 24, 2019. Couples who believe they had a common-law marriage prior to this date should seek legal advice to understand their rights and options.
To prove the existence of a common-law marriage, couples must provide "'clear and convincing evidence' to the court. This includes demonstrating mutual assent and intent to be married, cohabitation, and holding themselves out as husband and wife to the public. Examples of such evidence include using the same surname, filing joint tax returns, listing each other as spouses on employment documents or insurance policies, and owning property together.
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Common-law marriages prior to July 24, 2019, are still valid
In South Carolina, common-law marriages have existed for centuries. However, the South Carolina Supreme Court issued a ruling on July 24, 2019, in the case of Stone v. Thompson, that prevents new common-law marriages from being established in the state. This ruling does not affect common-law marriages that were entered into prior to that date, which remain valid.
Requirements for a common-law marriage in South Carolina
There are several requirements that must be met for a common-law marriage to be recognized in South Carolina. Firstly, 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. The couple's intent to be married to each other is crucial, and they must understand each other's intent. This intent can be demonstrated through their actions and how they hold themselves out to the public. For example, referring to each other as "husband" and "wife", using the same last name, filing joint tax returns, or listing each other as spouses on employment or insurance documents can be evidence of a common-law marriage.
Rights and benefits of a common-law marriage
A common-law marriage in South Carolina is just as valid as a traditional ceremonial marriage. Couples in a common-law marriage have the same rights and responsibilities as those who are ceremonially married. This includes the right to spousal benefits, such as Social Security and pensions, the ability to file joint tax returns, coverage under the spouse's health insurance, and inheritance rights. If the couple wishes to end their common-law marriage, they must go through the formal divorce process, and all the laws regarding marital property, alimony, child support, and child custody will apply.
Proving a common-law marriage
Proving the existence of a common-law marriage can be complex, as there is no official public record of the marriage. The burden of proof falls on the person claiming the existence of the marriage, and the standard of proof is typically "clear and convincing evidence". This can be demonstrated through witness testimony, records, or other evidence that shows the couple's intent to be married and how they held themselves out to the public.
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The couple must intend to be married and hold themselves out as married
To be recognized as a common-law marriage in South Carolina, several conditions must be met, including the requirement that "the couple must intend to be married and hold themselves out as married". This means that both parties must have a clear and mutual understanding of their relationship as husband and wife, and they must conduct themselves in a manner that reflects this marital commitment.
The intention to be married is a critical aspect of this requirement. Both individuals must have a genuine and present intention to be recognized as spouses, rather than simply cohabiting or being in a romantic relationship. This intention must be more than just a vague desire or future possibility; it should be an active choice that influences how they perceive their relationship and how they present themselves to the world.
Holding themselves out as married implies that the couple's behavior and interactions reflect their commitment and intention to be recognized as spouses. This includes the way they refer to each other (using terms like "husband," "wife," or "spouse"), how they introduce each other to family and friends, and how they conduct themselves in public and within their community. Their actions and words should consistently convey the message that they consider themselves married.
Living together as a married couple is an essential aspect of holding themselves out as married. This entails more than just sharing a residence; it involves establishing a household, potentially including shared finances, joint property ownership, joint decision-making, and presenting a united front to the world. Their day-to-day lives should reflect the responsibilities and privileges typically associated with marriage.
Consistency and unanimity in their words and actions are key. If only one partner refers to the other as their spouse, for example, it may not be sufficient. Both must actively and consistently portray themselves as married through their conduct, declarations, and interactions with others.
Ultimately, the court will consider the totality of the couple's actions and behavior to determine whether they intended to be married and held themselves out as such. This requirement ensures that the recognition of a common-law marriage accurately reflects the couple's mutual understanding, commitment, and public perception of their relationship as husband and wife.
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Common-law marriages have the same validity and rights as ceremonial marriages
In the United States, common-law marriages have existed since colonial times when America was a colony of England. Common-law marriages are legally recognised marriages between two people who have chosen not to purchase a marriage license or participate in a formal ceremony. In states that allow common-law marriages, couples in such marriages have the same rights as those who have undergone a formal marriage process.
Common-law marriages have been recognised in South Carolina for centuries. They arose due to the difficulties in travelling to courthouses to obtain marriage licenses and the cost of doing so. The state's recognition of these marriages without formal documentation was also important for legitimising children born within the relationship. However, proving a common-law marriage has long been problematic for the courts and the couples involved, especially in cases of divorce or death.
In 2019, the South Carolina Supreme Court ruled in Stone v. Thompson that the state would no longer recognise new common-law marriages established after 24 July 2019. This ruling standardised the proof required to establish a common-law marriage. Couples who entered into common-law marriages before this date are still recognised by the state and have the same validity and rights as ceremonial marriages.
To prove a common-law marriage in South Carolina, certain criteria must be met. Both partners must be at least 16 years old, not currently married, and not closely related by blood. The couple must live together and agree to consider themselves as spouses. Mutual assent is a key element, with each partner intending to be married to the other and understanding the other's intent.
Once a common-law marriage is proven, it is as valid as a traditional ceremonial marriage. Common-law spouses are eligible for most of the financial benefits of a married couple, including tax exemptions, Social Security, and inheritance rights. They may also execute powers of attorney to allow their spouse to make medical and financial decisions on their behalf if they become incapacitated. However, without a marriage certificate, partners may find they have fewer rights than they expected, especially regarding property ownership. Therefore, couples may find it more advantageous to obtain a marriage license and participate in a simple ceremony to ensure spousal rights.
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Frequently asked questions
No, as of July 24, 2019, common-law marriages are no longer recognized in South Carolina. Therefore, an inmate cannot enter into a common-law marriage.
Before July 24, 2019, certain criteria had to be met for a common-law marriage to be recognized in South Carolina. Both partners must be at least 16 years old, not currently married, and not closely related by blood. Additionally, the couple must live together and agree to consider themselves as spouses.
Common-law marriages were popular because they offered convenience while allowing couples to function as partners. Common-law marriages were also recognized as valid as ceremonial marriages, with similar rights and responsibilities, including spousal benefits, the ability to file joint tax returns, inheritance rights, and more.
Proving a common-law marriage can be complex. It requires evidence of cohabitation and reputation. This can be demonstrated through witnesses, records, joint purchases, filing joint tax returns, using the same surname, and more.
