Cecily Zamora
Common-law marriage, a union between two people who live together and present themselves as spouses but do not have a marriage license or a wedding ceremony, has existed for centuries in South Carolina. However, on July 24, 2019, the state Supreme Court abolished common-law marriage in the state, citing reasons such as the prevalence of non-marital cohabitation and the confusion it caused for couples and the court system. This ruling, known as Stone v. Thompson, established that from that date forward, couples in South Carolina could no longer enter into a valid marriage without a license. While this decision ended the formation of new common-law marriages, it did not retroactively affect those recognized before 2019, and couples in such marriages are still viewed as legally married with rights in areas like alimony, child custody, and property division.
| Characteristics | Values |
|---|---|
| Date abolished | July 24, 2019 |
| Ruling | Stone v. Thompson |
| Court | South Carolina Supreme Court |
| Reasoning | Common non-marital cohabitation |
| Retroactivity | No |
| Recognition of prior common-law marriages | Yes |
| Rights of prior common-law marriages | Same as before |
| Proof of prior common-law marriages | Clear and convincing evidence |
| Requirements for prior common-law marriages | Partners must be at least 16 years old, not married to anyone else, and not closely related by blood |
| Other requirements for prior common-law marriages | Live together and agree to consider themselves as spouses |
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What You'll Learn
Common law marriage in South Carolina was abolished in 2019
Common-law marriage in South Carolina has a long history. For centuries, it allowed couples to be legally married without a marriage license or ceremony. However, in 2019, the South Carolina Supreme Court abolished common-law marriage in the state. This decision, known as Stone v. Thompson, declared that from July 24, 2019, onwards, couples in South Carolina could no longer enter into a valid marriage without a license.
The ruling established that any couple who did not enter into a common-law marriage before this date could not establish a valid common-law marriage in South Carolina. This decision was made to address the confusion and challenges that arose from proving the existence of a common-law marriage, which could lead to lengthy legal disputes over property, alimony, and other marriage-related issues. The court also standardized the proof required for common-law marriages, requiring "'clear and convincing evidence' to prove the existence of a marriage.
Prior to the abolition, common-law marriage in South Carolina had specific requirements. 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, simply cohabitating did not create a legal marriage, as most states required evidence of mutual intent to be married, even without a formal ceremony.
The abolition of common-law marriage in South Carolina created a mix of relief and confusion for couples. While it provided clarity for some, others were left uncertain about their legal rights and the implications for issues such as alimony and child custody. Couples who believed they had formed a common-law marriage before the 2019 cutoff could still try to prove their marital status if a dispute arose.
The impact of this ruling extended beyond the formation of new marriages. It also affected couples with pre-existing common-law marriages, who now had to navigate their legal rights and obligations in areas like property ownership, alimony, and child custody. To address these complexities, couples were advised to proactively document their wishes and seek legal guidance to establish the nature of their relationship and outline their rights.
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Common law marriages prior to 2019 are still recognised
On July 24, 2019, the South Carolina Supreme Court abolished common-law marriages in the state. This ruling, known as Stone v. Thompson, stated that "from this date forward [...] parties may no longer enter into a valid marriage in South Carolina without a license."
The ruling, however, did not apply retroactively. Common-law marriages that were recognised before 2019 continue to be valid. Couples who entered into a common-law marriage before July 24, 2019, are still considered married by the state.
Requirements for Common-Law Marriage
For a couple to be recognised as having a common-law marriage, certain criteria must 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.
Proving a Common-Law Marriage
If a common-law marriage is contested, the couple may need to provide evidence of the marriage to establish its validity. This can include proof of shared assets, testimonies from friends or family, and documentation of joint financial responsibilities.
The burden of proof typically falls on the party asserting the existence of the marriage, and the standard of proof is "clear and convincing evidence." This may include showing that the couple has consistently presented themselves as married to family, friends, and the general public. Documents such as income tax returns, health care forms, and beneficiary designations can also serve as proof.
Implications of Common-Law Marriage
Common-law marriages are generally granted many legal rights. However, there can be differences in areas like estate claims, benefits, and taxes compared to a licensed ceremonial marriage.
Ending a common-law marriage requires a legal divorce, which can include issues such as property division, child custody, and alimony. Couples in a common-law marriage should be aware of their rights and seek legal guidance if needed.
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Common law marriage requirements in South Carolina
Common-Law Marriage Requirements in South Carolina
Common-law marriage in South Carolina is a thing of the past. The state abolished all new common-law marriages after July 24, 2019, under the ruling of the South Carolina Supreme Court in the case of Stone v. Thompson. 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.
History of Common-Law Marriage in South Carolina
Common-law marriage has existed for centuries in South Carolina. It arose when transportation to the courthouse to obtain a marriage license was difficult, and the cost of a marriage license could be burdensome. The state's recognition of marriages without formal documentation was also particularly desirable to legitimize children born out of wedlock.
Reasons for Abolition
The South Carolina Supreme Court's decision to abolish common-law marriage was due to the confusion it caused for couples and the court system. It was often challenging to prove exactly when or if a common-law marriage began, leading to lengthy legal fights over property, alimony, and other marriage-related issues. The court also cited the common non-marital cohabitation as a reason for its ruling.
Requirements for Common-Law Marriage in South Carolina Before the Abolition
Before the abolition of common-law marriage in South Carolina, certain criteria had to be met for it 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.
Proving a Common-Law Marriage
If one party denies the existence of a common-law marriage, the burden of proof falls on the other party to demonstrate that the requirements for a common-law marriage were met. This proof typically consists of witness testimonies, documents such as income tax returns, health care forms, and beneficiary designations, as well as other forms of evidence such as cards and how the couple checked into hotels and events.
Legal Implications of Common-Law Marriage Abolition
The abolition of common-law marriage in South Carolina does not affect couples who entered into such arrangements before July 24, 2019. These couples are still considered married under the law and have the same rights as traditionally married couples, including the right to file their state and federal tax returns under the status of "Married, Filing Jointly" or "Married, Filing Separately." However, these couples may now need to proactively document how they'd like to handle situations related to property ownership and other privileges granted to married couples.
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The legal proof of a common law marriage
On July 24, 2019, the South Carolina Supreme Court abolished common-law marriages in the state. This ruling, known as Stone v. Thompson, declared that "parties may no longer enter into a valid marriage in South Carolina without a license."
However, this ruling does not apply retroactively to common-law marriages recognized before 2019. Couples who entered into a common-law marriage before this date will still be considered married by the state.
If your common-law marriage is contested by your partner or other parties, you may need to provide evidence of the marriage to establish its validity. This can include:
- Proof of shared assets
- Testimonies from friends or family
- Documentation of joint financial responsibilities (e.g., joint bank accounts or property ownership)
- Income tax returns
- Health care forms
- Beneficiary designations
- Cards exchanged
- How they checked into hotels and events
The burden of proof typically falls under the category of "clear and convincing evidence," which is a higher standard than "beyond a reasonable doubt."
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The implications of common law marriage on divorce, alimony and child custody
The implications of common law marriage on divorce, alimony, and child custody
Common law marriage in South Carolina was abolished on July 24, 2019, by the state's Supreme Court. However, couples who entered into such arrangements before this date are still considered legally married. This has significant implications for divorce, alimony, and child custody.
Divorce
Ending a common law marriage in South Carolina still requires a legal divorce, including issues such as property division, child custody, and alimony. The process can be complex and confusing, especially without the formality of a license and ceremony. It is crucial to work with a family law attorney to ensure rights are protected during the divorce process.
Alimony
Alimony may be a part of the divorce settlement for common law marriages. The court may order one spouse to pay alimony to the other, depending on factors such as the length of the marriage, the financial situation of both spouses, and contributions made by each spouse.
Child Custody
Child custody and support are critical issues in common law divorces. The court will decide custody and visitation arrangements based on the best interests of the child, while child support is calculated based on the financial resources of each parent.
Proof of Marriage
Proving the existence of a common law marriage can be challenging and often requires "clear and convincing evidence". This may include showing proof of shared assets, testimonies from friends or family, and documentation of joint financial responsibilities.
Moving to Another State
It is important to note that if a couple moves to another state that does not recognize common-law marriage, they may still need to provide evidence of their relationship to that state. The requirements for proving a common-law marriage vary by state.
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Frequently asked questions
Common law marriage in South Carolina is a state-recognised marriage between two people who live together and hold themselves out as husband and wife but have not obtained a marriage license or had a wedding ceremony.
Common law marriage was abolished in South Carolina on July 24, 2019, under the ruling of the South Carolina Supreme Court in the case of Stone v. Thompson.
If you entered into a common law marriage before July 24, 2019, your marriage will still be recognised by the state. However, you may face challenges in proving your marriage in certain situations, such as when dealing with property ownership disputes or other legal issues. It is recommended to consult with an experienced attorney to understand your rights and ensure your interests are protected.
