Thanks so much for coming back to UpstateFamilyLawBlog.com. If you haven't already signed up for our free newsletter, you can do so in the sidebar and you will receive the Free Report: The Ten Questions to Get Answered Before Hiring a Divorce Attorney.
In South Carolina there are essentially two main ways for you to get into a marriage. The first is the traditional “statutory marriage.” That is where you go down to the probate court in the county where you live and get a marriage license with your significant other and have a marriage ceremony.
The other way for you to get married is what is called the “common law marriage.” What I hear from prospective clients and friends about common law marriage is that they believe that you are automatically common law married with someone after you have lived with them for a certain amount of time.
The truth is, time does not play in to determining if you are common law married. There are several factors that will determine whether you are married or not.
Here they are:
- Cohabitation: You and your significant other must be living together to get common law married.
- Hold Yourself Out as Husband and Wife: You and your significant other must be holding yourself out as husband and wife. That means when you go out you introduce them as your husband/wife.
- Both parties are over 16 years old
- Neither party is currently married to another person.
If you are common law married, that is the same as being married. You have the same rights, etc. as if you are married the traditional way. If things don’t work out you would have to get a divorce.
Related posts:
