In South Carolina, couples who have lived together for an extended period of time may be considered “common law” married. However, proving the existence of a common law marriage can be difficult, as there is no formal marriage certificate or ceremony to rely on. In this article, we will explore the key elements required to establish a common law marriage in South Carolina and provide guidance on how to prove it.
What is Common Law Marriage?
Common law marriage is a legal doctrine that recognizes a couple as married even if they did not obtain a marriage license or have a formal ceremony. In South Carolina, a common law marriage is established when two individuals:
1. Have lived together for an extended period of time
2. Have held themselves out to the public as husband and wife
3. Have intended to be married
It’s important to note that simply living together does not automatically create a common law marriage in South Carolina. The couple must also demonstrate that they have intended to be married and held themselves out to the public as such.
How to Prove Common Law Marriage in South Carolina
Proving the existence of a common law marriage in South Carolina can be challenging. However, there are several ways to show that a common law marriage exists:
Cohabitation:
The first step in proving a common law marriage is showing that the couple has lived together in a marital-type relationship. Evidence of cohabitation might include joint ownership of property, shared bank accounts, shared expenses, and other similar factors.
Holding Out to the Public:
To establish a common law marriage in South Carolina, the couple must hold themselves out to the public as being married. This means that they must present themselves to others as a married couple, using terms such as “husband” and “wife.” Evidence of holding out might include joint tax returns, joint credit accounts, and other similar factors.
Intent to be Married:
Finally, the couple must demonstrate that they intended to be married. This intent can be shown through evidence of discussions about marriage, engagement rings, or other similar factors.
Witnesses:
It’s always helpful to have witnesses who can attest to the fact that the couple has been living together as husband and wife. These witnesses could be family members, friends, co-workers, or neighbors who have observed the couple’s relationship over time.
Documentation:
While there is no formal documentation required for a common law marriage, it can be helpful to gather any documents that support the existence of the relationship. This might include joint bank statements, lease agreements, insurance policies, or other similar documents.
Affidavit:
If you’re having trouble proving your common law marriage, an affidavit can be a helpful tool. An affidavit is a written statement from someone who has personal knowledge of the couple’s relationship and can attest to the fact that they are married under common law.
Conclusion
Establishing the existence of a common law marriage in South Carolina can be challenging, but it is possible with the right evidence. By demonstrating cohabitation, holding out to the public, and intent to be married, you can make a strong case for common law marriage. Additionally, gathering witness testimony, documentation, and affidavits can further bolster your case. If you believe you are in a common law marriage, it is important to consult with an experienced family law attorney to help navigate the legal system and protect your rights.
In conclusion, establishing a common law marriage in South Carolina requires a combination of evidence and intent. While it can be difficult to prove, with the right documentation and witness testimony, you can make a strong case for common law marriage. As always, it’s important to consult with an experienced family law attorney to ensure that your rights are protected and your interests are represented.