Anaya Nolan
Common-law marriage has existed for centuries in South Carolina, but as of July 24, 2019, the state abolished all new common-law marriages. This ruling came about due to the challenges of proving a relationship as a common-law marriage, which often caused problems for couples and courts in divorce and death situations. The new law means that couples in South Carolina must now obtain a marriage license and undergo a ceremony to be considered married. However, the law does not affect common-law marriages established before the cutoff date, and there is still much confusion around what constitutes a valid common-law marriage in the state.
| Characteristics | Values |
|---|---|
| Date of abolition of common-law marriage | July 24, 2019 |
| Exceptions | Couples who entered into a common-law marriage before July 24, 2019 |
| Proof required | Clear and convincing evidence |
| Examples of proof | Using the same surnames, listing each other as spouses on employment documents, buying property together, naming each other as beneficiaries on life insurance documents, filing joint tax returns |
| Misconceptions | Common-law marriage after living together for seven years, living together as a couple for a certain period of time |
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What You'll Learn
Common-law marriage abolished in South Carolina after July 24, 2019
Common-law marriage has a long history in South Carolina, dating back to 1911 when the state Supreme Court acknowledged their validity. It was particularly useful for legitimizing children born out of wedlock and for couples who couldn't afford or access a marriage license. However, as of July 24, 2019, South Carolina abolished all new common-law marriages in the state. This decision was made by the South Carolina Supreme Court in the case of Stone v. Thompson.
The ruling prevents any new common-law marriages from being established in South Carolina after July 24, 2019. Couples who began living together as a married couple without a marriage license before this date can still be considered common-law married with the proper proof. This proof typically needs to be "clear and convincing evidence," which is a higher standard than "beyond a reasonable doubt."
The abolition of common-law marriage in South Carolina has caused some confusion regarding the recognition of common-law marriages entered into before the new law. Couples with pre-existing common-law marriages may need to provide evidence to prove their marital status. This evidence can include a range of factors that the court will consider, as there is no set list. Examples of evidence include cohabitation, holding themselves out as husband and wife, using the same surname, filing joint tax returns, and purchasing property together.
The South Carolina Supreme Court's ruling has standardized the proof required to establish a common-law marriage, making it easier to determine marital status in legal situations such as divorce and death. This ruling brings South Carolina in line with most other states, leaving only a few that continue to recognize common-law marriage.
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Common-law marriages in South Carolina before July 24, 2019
Common-law marriage in South Carolina has existed for centuries. It was particularly useful when transportation to the courthouse to obtain a marriage license was difficult or the cost of a marriage license was too high. It was also a way to legitimize children born out of wedlock. However, common-law marriages have long caused problems for couples and courts, especially in divorce and death situations.
In 2019, the South Carolina Supreme Court ruled against common-law marriages in the case of Stone v. Thompson. The ruling noted that remaining unmarried was becoming more common, and people had a right to remain unmarried or get married. It also acknowledged that most people did not understand the requirements for a common-law marriage.
As of July 24, 2019, South Carolina abolished all new common-law marriages. This means that any couple who did not enter into a common-law marriage before this date can no longer establish a valid common-law marriage in South Carolina. The ruling, however, does not affect common-law marriages that were entered into before July 24, 2019. These marriages are still considered valid.
Prior to the ruling, South Carolina was one of only eight states that allowed common-law marriages. There were no express conditions for common-law marriages in South Carolina, and it was more a case of what the law did not require. For instance, Section 20-1-360 of the South Carolina State Statutes stated that a legal marriage did not require a couple to have a marriage license.
To establish a common-law marriage before the ruling, couples had to meet certain requirements. They must have had the present intent to marry, agreed to enter a permanent marital relationship, and had the legal capacity to marry. This meant they must have been unmarried, unrelated adults of sound mind and at least 16 years old with parental consent. They also had to live together and hold themselves out to the public as married by using the same last name, telling others they were married, and filing joint tax returns.
While there is a misconception that couples would automatically be recognized as having a common-law marriage after living together for seven years, the length of the relationship was not a determining factor. Instead, the key element was that both parties intended to be married to each other and recognized their partner's intention to be married.
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Common-law marriage proof requirements
South Carolina abolished new common-law marriages in the state in July 2019. However, couples who entered into a common-law marriage before this date are still recognised as married.
If one party denies the existence of a common-law marriage, the other party must demonstrate that the requirements for a common-law marriage were met. The burden of proof is "clear and convincing evidence", which is a higher standard than "beyond a reasonable doubt".
The South Carolina Supreme Court ruling standardised the proof required to establish a common-law marriage. This proof includes "'clear and convincing evidence' that both parties intend to act as spouses. For example, if one party wants to claim they are married, they need to present evidence such as joint bank accounts, shared health insurance, or joint ownership of property.
In addition, the length of the relationship can help to prove a common-law marriage, although it will not automatically result in one. There is a frequent misconception that couples will automatically be recognised as having a common-law marriage after living together for seven years.
If a couple wants to be considered married to ensure they have spousal rights, it may be easier and more cost-effective to obtain a marriage license and participate in a simple ceremony. A couple who wants to ensure their relationship isn't considered a pre-existing common-law marriage may also want to draw up a formal agreement to define their arrangement and maintain an unmarried status.
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Common-law marriage misconceptions
Common-law marriage has existed for centuries in South Carolina. However, there are many misconceptions about what constitutes a common-law marriage. Here are some of the most common misconceptions:
Misconception: Cohabiting for a certain period of time automatically results in a common-law marriage
One common misconception is that if a couple lives together for a certain period of time, they are automatically considered common-law married. This is not true in South Carolina or any other state. Simply cohabiting does not create a legal marriage, and there are specific legal requirements that vary by state for a common-law marriage to be valid. In South Carolina, the length of time cohabiting can help but will not automatically result in a common-law marriage. The court will look at all the factors surrounding the relationship to determine whether a common-law marriage existed.
Misconception: Common-law marriage is recognized in every state
Another misconception is that common-law marriage is recognized in all states. However, only a handful of states still recognize common-law marriage, and many have abolished it over the years. South Carolina was one of the few states that recognized common-law marriage before the July 24, 2019 cutoff date. After this date, the South Carolina Supreme Court ruled that new common-law marriages could not be established in the state.
Misconception: There doesn't need to be an agreement to be married
Some people believe that a couple can be considered married under common law even if there is no agreement between them to be married. However, most states, including South Carolina, require evidence that both partners intended and agreed to be married, even without a formal ceremony. The court may intervene and determine whether a couple is truly married if one partner claims they are married and the other disagrees.
Misconception: Common-law marriage is a simple way to gain spousal rights
While common-law marriage gives couples the legal rights and responsibilities of a traditionally licensed marriage, it can also cause complications. Without an actual marriage certificate, partners may find they have fewer rights than they thought, and it can be harder to obtain certain spousal benefits. Additionally, if the couple separates, there may be arguments over property division and alimony, and the court may need to decide whether the parties were married and grant a South Carolina divorce.
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Common-law marriage vs. ceremonial marriage
In the United States, common-law marriage, also known as sui juris marriage, informal marriage, or marriage by habit and repute, is a form of irregular marriage that does not require a marriage license or a ceremony performed by a legally recognized officiant. Instead, it is a marriage that results from the couple's agreement to consider themselves married, followed by cohabitation. The couple must be legally capable of being married and must intend to be married, live together as a married couple, and present themselves to the world as a married couple.
Common-law marriage has existed for centuries in South Carolina, arising from the difficulties of transportation to the courthouse to obtain a marriage license and the cost of the license. However, as of July 24, 2019, the South Carolina Supreme Court ruled that common-law marriages can no longer be formed in the state. This ruling standardized the proof required to establish a common-law marriage, making it more challenging to convince a court that a common-law marriage exists.
On the other hand, ceremonial marriage, also known as statutory marriage, is a legally recognized marriage that follows the traditional process of obtaining a marriage license and participating in a marriage ceremony. The specific requirements for a valid ceremonial marriage may vary depending on the state and country. In the United States, the requirements are generally outlined by state statutes and family law rules.
One key difference between common-law marriage and ceremonial marriage is the level of formality and recognition. Common-law marriage is often chosen by couples who prefer convenience and flexibility, while ceremonial marriage provides a more formal and traditional approach to marriage. Additionally, the process of establishing a common-law marriage can be more complex and may require legal expertise to navigate any legal issues that arise.
It is important to note that the recognition of common-law marriage varies by jurisdiction. While some states in the U.S. still recognize common-law marriage, others have abolished it. Additionally, even within states that recognize common-law marriage, the specific requirements and conditions may differ. Therefore, it is always advisable to seek legal advice when considering a common-law marriage to understand the specific laws and requirements of the relevant jurisdiction.
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Frequently asked questions
No, as of July 24, 2019, South Carolina abolished all new common-law marriages in the state.
Yes, if you were in a common-law marriage before July 24, 2019, your marriage is still considered valid.
The burden of proof is typically "clear and convincing evidence", which is a higher standard than "beyond a reasonable doubt". You can prove your marriage through cohabitation, reputation, and intent. Cohabitation can be proven by living together for any period of time, while reputation can be proven through witnesses, records, and other documents such as insurance and tax forms. Intent can be proven through a mutual understanding between both parties to be married.
