Marriage is a legal and social union between two people that brings along many rights and responsibilities. However, not all couples choose to follow the traditional path of getting married through a formal ceremony. In some cases, couples may decide to live together and form a common law marriage, which can bring about the same legal benefits as a traditional marriage. But does South Carolina have common law marriage laws? Let’s find out.
In this guide, we will explore the topic of common law marriage in South Carolina in depth. We will cover different aspects of common law marriage, including its definition, requirements for validity, and legal rights and responsibilities. We will also discuss how to end a common law marriage and provide tips for couples who are considering entering into one.
What is Common Law Marriage?
Common law marriage is a type of informal marriage that is recognized in some states. It is a union between two people who have lived together for a certain amount of time, presented themselves as a couple, and intended to be married. The requirements for common law marriage vary from state to state, and in some states, it is not recognized at all.
Does South Carolina Recognize Common Law Marriage?
Yes, South Carolina recognizes common law marriage. However, it is important to note that the state has specific requirements that must be met for a common law marriage to be considered valid.
Requirements for a Valid Common Law Marriage in South Carolina
To establish a common law marriage in South Carolina, there are several requirements that must be met. These include:
3.1 Capacity to Marry
Both parties must be legally able to enter into a marriage contract. This means they must be of legal age, not already married to someone else, and not related by blood.
3.2 Presenting as a Married Couple
The couple must present themselves as being married to others. This includes using the same last name, referring to each other as husband and wife, and introducing each other as spouses.
3.3 Intent to be Married
The couple must intend to be married and establish a mutual understanding that they are in a committed relationship. This can be shown through joint bank accounts, shared expenses, and other evidence of a shared life together.
If these requirements are met, then the couple may be considered to have a valid common law marriage in South Carolina.
Legal Rights and Responsibilities of Common Law Marriage in South Carolina
If a couple is in a valid common law marriage in South Carolina, then they will have the same legal rights and responsibilities as a traditionally married couple. These include:
4.1 The Right to Inherit from Each Other Without a Will
If one spouse dies without a will, the other spouse will have the right to inherit their property under South Carolina’s intestacy laws.
4.2 The Right to Make Medical Decisions on Behalf of Each Other
If one spouse becomes incapacitated or unable to make medical decisions for themselves, the other spouse will have the right to make those decisions on their behalf.
4.3 The Right to File Joint Tax Returns
Married couples in South Carolina have the option to file their taxes jointly, which can result in lower tax liability.
4.4 The Responsibility to Provide Financial Support for Each Other
Just like in traditional marriages, both spouses in a common law marriage have a responsibility to provide financial support for each other.
4.5 The Responsibility to Share Debts Incurred During the Marriage
If either spouse incurs debt during the marriage, both spouses will be responsible for paying it off.
Ending a Common Law Marriage in South Carolina
Just like a traditional marriage, a common law marriage requires a legal process to dissolve. The couple must obtain a divorce or annulment in order to end the marriage. If the couple separates without legally ending the marriage, then they may still be considered married under South Carolina law, which could impact their legal rights and responsibilities.
Tips for Couples Considering Common Law Marriage
If you are considering entering into a common law marriage in South Carolina, there are some tips that can help ensure your legal rights and responsibilities are protected:
6.1 Consult with an Experienced Family Law Attorney
An experienced family law attorney can provide guidance on the requirements for a valid common law marriage, as well as advise you on your legal rights and responsibilities.
6.2 Keep Records of Your Relationship
It is important to keep records of your relationship, such as joint bank account statements, shared bills, and other evidence of a shared life together.
6.3 Be Clear About Your Intentions
Both parties should be clear about their intentions to enter into a common law marriage and agree on the terms and conditions of the relationship.
Conclusion
In conclusion, South Carolina recognizes common law marriage, but there are specific requirements that must be met in order for it to be considered valid. If you are considering entering into a common law marriage or believe you may already be in one, it is important to consult with an experienced family law attorney to ensure that your legal rights and responsibilities are protected. If you are already in a common law marriage, make sure to keep records of your relationship and be clear about your intentions to avoid any confusion or misunderstandings in the future. Remember, ending a common law marriage also requires a legal process, so it’s important to understand your options if you ever decide to dissolve the union.
Overall, common law marriage can offer many of the same benefits as a traditional marriage, but it’s crucial to understand the legal requirements and implications before entering into this type of union. With the help of an experienced family law attorney and careful consideration of your intentions and responsibilities, you can establish a valid common law marriage and enjoy the legal rights and protections that come with it in South Carolina.