Getting married in South Carolina involves navigating certain legal requirements and procedures to ensure a valid and legally recognized marriage. Understanding the essential steps and documentation needed is crucial for couples planning to wed in the state. In this article, we will outline the key elements of South Carolina’s marriage laws, providing a comprehensive guide for those seeking to enter into matrimony within the Palmetto State.
1. Marriage License Requirements:
a. Age Requirement: Both parties must be at least 18 years old to apply for a marriage license without parental consent. If either party is 16 or 17, parental consent is required, and individuals under 16 cannot legally marry in South Carolina.
b. Valid Identification: Both individuals must present valid government-issued photo identification, such as a driver’s license or passport, when applying for a marriage license.
2. Application Process:
a. In-Person Application: Couples must apply for a marriage license in person at the Probate Court in any county in South Carolina. This is typically the county where either party resides.
b. Application Form: Complete the marriage license application form provided by the Probate Court. The form typically includes basic information about the applicants, such as names, addresses, and social security numbers.
c. Waiting Period: There is no waiting period in South Carolina, meaning couples can typically receive their marriage license on the same day of application.
3. Marriage License Fees:
a. Fee Structure: The cost of a marriage license varies by county. Couples should check with the specific Probate Court where they plan to apply for the most accurate fee information.
b. Payment Method: Marriage license fees are usually payable in cash, so it’s advisable to bring the correct amount or inquire about accepted payment methods.
4. Witnesses:
a. Number of Witnesses: South Carolina requires the presence of two witnesses (in addition to the officiant) during the marriage ceremony.
b. Witness Qualifications: Witnesses must be at least 18 years old and physically present to witness the ceremony.
5. Officiants and Ceremonial Requirements:
a. Authorized Officiants: South Carolina recognizes marriages officiated by ministers, priests, rabbis, and judges. Additionally, notaries public may perform civil ceremonies.
b. Religious Ceremonies: For religious ceremonies, couples may choose to have their marriage solemnized by any minister, priest, rabbi, or an equivalent recognized authority.
6. Ceremony Documentation:
a. Marriage Certificate: After the ceremony, the officiant and the two witnesses must sign the marriage certificate. The officiant then files the certificate with the Probate Court that issued the marriage license.
b. Certified Copies: Couples can obtain certified copies of their marriage certificate from the Probate Court for a separate fee. These certified copies are often required for name changes and other legal purposes.
7. Proxy Marriages and Cousin Marriages:
a. Proxy Marriages: South Carolina does not recognize proxy marriages, meaning both parties must be physically present during the application process and the marriage ceremony.
b. Cousin Marriages: South Carolina law does not prohibit marriages between first cousins.
8. Changing Name After Marriage:
Name Change Process: If one or both parties plan to change their names after marriage, they can use the certified copy of the marriage certificate to update identification documents, such as a driver’s license or social security card.
9. Common-Law Marriage:
a. Recognition: South Carolina recognizes common-law marriages that meet certain criteria. However, the state no longer allows new common-law marriages to be established.
b. Existing Common-Law Marriages: Common-law marriages established before July 24, 2019, are still considered valid in South Carolina.
10. Additional Considerations:
a. Premarital Counseling: While not mandatory, some counties in South Carolina offer a discount on the marriage license fee for couples who complete premarital counseling.
b. Out-of-State Residents: South Carolina allows non-residents to marry in the state, provided they apply for the marriage license in the county where the ceremony will take place.
FAQs about what you need to get married in South Carolina
What are the legal requirements for getting married in South Carolina?
In South Carolina, both parties must be at least 18 years old to marry without parental consent. Individuals aged 16 or 17 can marry with parental consent.
Do I need a marriage license to get married in South Carolina?
Yes, you must obtain a marriage license from the Probate Court in the county where either you or your partner resides. The license is valid throughout the state.
What documents do I need to bring to apply for a marriage license in South Carolina?
You will typically need a valid photo ID, such as a driver’s license or passport. You may also need to provide your Social Security number, but the Social Security card itself may not be required.
Is there a waiting period after obtaining a marriage license in South Carolina?
There is no waiting period in South Carolina. Once you receive your marriage license, you can marry immediately.
How long is a marriage license valid in South Carolina?
A South Carolina marriage license is valid for 60 days from the date of issuance. If you don’t marry within that time frame, you’ll need to reapply for a new license.
Can non-residents get married in South Carolina?
Yes, non-residents can get married in South Carolina. The marriage license must be obtained in the county where the ceremony will take place.
Do we need to undergo a premarital education course in South Carolina?
While premarital education courses are encouraged, they are not mandatory in South Carolina. However, completing an approved course may waive part of the marriage license fee.
Who can officiate the wedding ceremony in South Carolina?
Ministers, priests, rabbis, and other religious officials can officiate weddings in South Carolina. Additionally, notaries public and officers authorized by the court, such as judges, magistrates, or U.S. circuit court judges, can also perform ceremonies.
In conclusion, getting married in South Carolina involves a straightforward process, including obtaining a marriage license, having a ceremony officiated by an authorized individual, and filing the necessary documentation. Understanding the specific requirements and following the legal procedures ensures a valid and recognized marriage within the state. Couples should contact the Probate Court in the relevant county for the most up-to-date information on fees and procedures.