Cameron Miranda
Common-law marriage, where a couple is considered married without a license or ceremony, was a hot topic in South Carolina until 2019 when the state Supreme Court abolished it. The ruling, which came into effect on July 24, 2019, stated that couples could no longer enter into a valid marriage without a license. The decision was made to simplify the legal process and address the confusion caused by common-law marriages, which were often difficult to prove. While South Carolina no longer recognizes new common-law marriages, the ruling did not erase existing ones, and couples with a common-law status prior to 2019 may still have their relationships recognized if they meet certain criteria.
| Characteristics | Values |
|---|---|
| Common law marriage recognized | Yes, before July 24, 2019 |
| Common law marriage recognized after July 24, 2019 | No |
| Requirements for common law marriage | Both partners must be at least 16 years old, not married to anyone else, and not closely related by blood. The couple must live together and agree to consider themselves as spouses. |
| Proof of common law marriage | Shared assets, testimonies from friends or family, documentation of joint financial responsibilities (e.g., joint bank accounts or property ownership) |
| Rights of couples in a common law marriage | Same legal rights and obligations as married couples, including alimony, child custody, and property division |
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What You'll Learn
Common law marriage requirements
South Carolina abolished common law marriages from 24 July 2019 onwards. This means that any new marriages must be licensed, and the previous confusion around when a common-law marriage begins has been eliminated.
However, common-law marriages that existed before this date are still recognised and are subject to the same rights and responsibilities as traditionally married couples. This includes issues such as property division, child custody, and alimony.
If a couple wants to prove they were in a common-law marriage before 24 July 2019, they must provide "'clear and convincing evidence'" of their mutual intent to be married. This can include proof of shared assets, testimonies from friends and family, and documentation of joint financial responsibilities.
The specific requirements for a recognised common-law marriage in South Carolina before 24 July 2019 were:
- Both partners must be at least 16 years old, not currently married to anyone else, and not closely related by blood.
- The couple must live together and agree to consider themselves as spouses.
- They must have the present intent to marry, meaning they agreed to enter a permanent marital relationship.
- They must have the legal capacity to marry, meaning they must be of sound mind and old enough to marry (16 years old with parental consent).
- They must hold themselves out to the public as married by telling others, using the same last name, and filing joint tax returns.
It is important to note that meeting these requirements did not automatically grant common-law marriage status; it was a recognition by the state.
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Recognition of common law marriages before 2019
Common-law marriages in South Carolina have a long history, dating back to 1911 when the state Supreme Court first acknowledged their validity. However, in recent times, the practice has become less common, with South Carolina joining most other states in requiring couples to obtain marriage licenses and have ceremonies to enter into legal unions.
Before the law changed in 2019, South Carolina was one of only eight states that allowed common-law marriages. A common-law marriage is a state-recognized marriage where spouses choose not to purchase a marriage license or have a ceremony performed by a legally recognized officiant. In South Carolina, certain criteria had to be met for a common-law marriage to be recognized. Both partners had to be at least 16 years old, not currently married to anyone else, and not closely related by blood. Additionally, the couple had to live together and agree to consider themselves as spouses.
The South Carolina Supreme Court ended the practice of forming new common-law marriages in 2019, ruling that no one in the state could enter into a valid marriage without a license after July 24, 2019. This ruling was made in the case of Stone v. Thompson, which clarified the requirements for proving a common-law marriage established before 2019. The ruling stated that both parties must intend to be married to each other and recognize that their partner intends to be married to them, with clear and convincing evidence required to prove this. This ruling did not affect common-law marriages entered into before the cutoff date, which are still considered valid.
Couples who believe they formed a common-law marriage before July 24, 2019, can try to prove it if a dispute arises, such as during a breakup or inheritance claim. However, it is recommended that they seek legal advice to understand their rights and how to move forward effectively.
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Proving a common law marriage
In 2019, South Carolina's Supreme Court ruled that common-law marriages could no longer be formed in the state. This ruling came about due to the confusion for couples and the court system, as it was challenging to prove when or if a common-law marriage began. The ruling, however, did not affect common-law marriages that existed before July 24, 2019.
For couples who believe they formed a common-law marriage before this cutoff date, it is possible to prove it if a dispute arises, such as during a breakup or inheritance claim. The proof required to establish a common-law marriage has been standardized by the Supreme Court. The key element is that both parties intended to be married to each other and recognized their partner's intention to be married. "Clear and convincing evidence" must be provided to prove that both parties intended to act as spouses. This evidence can include details such as living together, referring to each other as husband and wife, sharing finances, and introducing each other as spouses to family and friends.
To ensure spousal rights going forward, couples may find it easier to obtain a marriage license and participate in a simple ceremony. This is especially important when considering property ownership and other privileges granted to married couples. For those unsure about their marital status or facing disputes, seeking legal guidance from a family law lawyer is recommended.
It is important to note that each state has its own unique requirements for establishing a common-law marriage, and even if recognized in one state, another state may require additional evidence to prove the marriage.
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Divorce, child custody, and alimony
South Carolina's divorce laws specify the types of divorce permitted, including a no-fault divorce after one year of continuous separation. Other grounds for divorce include adultery, desertion, physical cruelty, or habitual drunkenness. If you have children, you may have questions about how South Carolina's divorce laws will affect them, including child custody and child support.
Child Custody
Child custody determinations in South Carolina are based on the best interests of the child. Factors such as the child's relationship with each parent, the ability to provide a stable environment, any history of abuse or neglect, and the child's preference (if the child is at least twelve years old) are considered. South Carolina recognizes both sole custody and joint custody arrangements. Sole custody grants one parent primary physical and legal custody of the child, with the other parent typically having visitation rights. Joint custody involves shared responsibilities, with one parent having primary custody. The court determines custody arrangements based on the best interests of the child, considering stability, parental involvement, and the child's relationship with each parent.
Alimony
Alimony, also called "maintenance" or "support" in South Carolina, is financial support paid by or to your spouse. Alimony is not guaranteed and may or may not be granted, even in marriages lasting ten years or more. For alimony, the length of the marriage is a key consideration. Marriages lasting less than ten years may result in temporary alimony or no alimony at all. Adultery is a complete bar to alimony in South Carolina. When deciding on alimony, a judge may consider the following factors:
- Educational backgrounds of both spouses and if either spouse needs more education or training to gain an income
- Employment histories of both spouses and their future ability to earn an income
- "Standard of living" while married, including expenses and type of home
- Current and future earnings and spending needs of both spouses
- Separate property owned by each spouse
- Who has custody of the children, particularly if conditions make it appropriate for the custodian not to work outside the home
- Marital misconduct or fault of either or both parties
Divorce Process
The first step in getting a divorce in South Carolina will depend on the specifics of your situation. An experienced divorce lawyer in your area will be able to answer your questions, help you negotiate a separation agreement, or help you draft and file the formal paperwork to begin divorce proceedings. South Carolina divorce laws include specific requirements for how and where your pleadings must be filed and the facts that must be included in your divorce complaint. These include residency and venue requirements, as well as the relief you can request, such as child custody, visitation, child support, alimony, and division of marital assets and debts. You may need to file motions to resolve substantive or procedural issues, and you may be required to participate in mandatory mediation if all issues in your case have not been resolved before your final hearing.
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Common law marriage abolition
On July 24, 2019, the South Carolina Supreme Court abolished common law marriages in the state. The ruling, known as Stone v. Thompson, declared that "from this date forward—that is, purely prospectively—parties may no longer enter into a valid marriage in South Carolina without a license." This decision was made in recognition of shifting cultural and societal norms and to simplify the legal process, as common-law marriages often caused confusion and led to lengthy legal battles over property, alimony, and other marriage-related issues.
Prior to the abolition, South Carolina was one of only eight states that allowed common-law marriage. Common-law marriage is a state-recognized marriage where spouses choose not to purchase a marriage license or have a ceremony performed by a legally recognized officiant. Couples in a common-law marriage typically live together, share finances, and introduce each other as spouses to family and friends. To be recognized as a common-law married couple in South Carolina, partners needed to present themselves as a married couple, intend to be married, and co-habit for an unspecified period.
The abolition of common-law marriages in South Carolina means that couples can no longer enter into this type of marital status by simply living together and acting as spouses. However, the ruling does not apply retroactively, and relationships that met the common-law marriage requirements before the law change are still recognized. Couples in a pre-2019 common-law marriage are entitled to the same legal rights and responsibilities as those who had a traditional wedding ceremony.
If a couple's common-law marriage is contested, they may need to provide evidence to establish its validity. This can include proof of shared assets, testimonies from friends or family, and documentation of joint financial responsibilities. It's important to note that ending a common-law marriage requires a legal divorce, and issues such as property division, child custody, and alimony will need to be addressed.
The abolition of common-law marriage in South Carolina has created both relief and confusion for couples. Some may find it more cost-effective to obtain a marriage license and participate in a simple ceremony to ensure spousal rights. Others may need to seek legal advice to understand their marital status and protect their rights, especially when dealing with complicated relationship or property concerns.
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Frequently asked questions
South Carolina abolished common-law marriages in 2019. However, it continues to recognize relationships that met the requirements before this law change.
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, share finances, and agree to consider themselves as spouses.
If you think you had a common-law marriage before 2019, it is important to understand how the recent change will affect other issues arising from the marriage, such as alimony and child custody. You should seek legal advice from a family lawyer to understand your rights.
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