The license will be issued immediately and will be valid for up to 60 days.
South Carolina – Apply for a Marriage License
There is no state residency requirement and no blood tests are needed. Both applicants should appear at the Register of Deeds and must be 18 years old to be legally married. Details may vary by county, so check with your local office before visiting.
See the list below for what you will need to bring. Plan to arrive well before closing to allow enough time for marriage license processing, which might be hours. In Meckenberg County, you can apply online. If you have been previously married, you will need to provide the date of the divorce and possibly a certified copy of the divorce decree. Check with your local office. You are responsible for delivering the license to your officiant. He or she will complete the bottom portion of both copies and return it to the Register of Deeds within 10 days.
This form will come with your marriage license packet or you may find it on your local Register of Deeds website. If you move forward without an attorney, it may negatively affect your legal rights. If you have questions about your legal rights or the law that affects your case, please talk with an attorney. The general information provided in these FAQs is not legal advice, cannot be cited as legal authority, and cannot replace the advice of an attorney licensed in South Carolina. The information in this FAQ is accurate as of the date of publication.
If you decide to bring a lawsuit in a South Carolina court without an attorney, you are responsible for researching the law on your own. Please note that the presiding judge in each case decides what law applies in that case.
For more information on cohabitation, see S. Code Ann. Some examples of when a man and woman may hold themselves out to the public as husband and wife are if they:. Once you receive a referral, you will be expected to contact the lawyer by telephone to make an appointment. L aw H elp. Hide Visit. Text size: A A A. Search for resources and organizations in this language Advanced Search. Self-Help Frequently Asked Questions Warning : You are strongly encouraged to seek the advice of an attorney in any legal matter.
Disclaimer : The general information provided in these FAQs is not legal advice, cannot be cited as legal authority, and cannot replace the advice of an attorney licensed in South Carolina.
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Do I need an attorney to file for divorce? No, you do not need an attorney to file for divorce, but you are strongly encouraged to seek the advice of an attorney. If you are seeking a divorce based on a one 1 year continuous separation from your spouse, you may file without the help of an attorney.
You may use the court approved divorce packet that is available online at no cost to you, or you may buy the forms from your local Clerk of Court for a small fee. You can also complete the divorce packet online on S. Legal Services' website www. On this website, an interactive program provides you with step-by-step guidance on how to complete your divorce paperwork.
This program is free. What are the grounds for divorce in South Carolina? In South Carolina, there are 5 grounds for divorce:While there are five grounds for divorce in South Carolina, you can only use the court approved packet for living separate and apart without cohabitation for a period of one year. For more information, see S. What does living seperate and apart mean? Separate and apart means that you and your spouse are no longer living in a single household under one roof. If you stay under the same roof with your spouse for even one night, the judge may determine that you have not been separated for the required year.
What does cohabitation mean? Cohabitation is living together in the same house as husband and wife in a physically intimate relationship. What is an annulment? A legal annulment is different than a religious annulment. A legal annulment is a legal procedure that declares a marriage null and void. Unlike a divorce, an annulled marriage is considered invalid from the beginning, making it as if the marriage never took place. Annulment is a complicated process and you are strongly encouraged to seek the advice of an attorney.
How can a marriage be annulled? A marriage can be annulled when there is a legal reason that makes the marriage invalid. Some factors a court may consider when determining whether the parties had an intimate relationship are whether the parties: Lived together; Shared the same bed; and Engaged in a sexual relationship. Duress A marriage will be annulled if one of the parties entered into it under duress.
Duress occurs when a person enters a marriage as a result of violence, threat, or coercion. Fraud Fraud is the hardest ground to prove to get an annulment. Fraud is more than a simple lie. What is common law marriage? A common law marriage is a marriage between a man and a woman even though no marriage ceremony was performed and no marriage license was issued. It carries the same rights and duties as a legal marriage.
If you think you are common law married, you should seek the advice of an attorney.
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What factors will the judge consider to determine if you have a common law marriage? The judge may consider whether the couple: Held themselves out to the public as husband and wife; and Had sex and lived together. Some examples of when a man and woman may hold themselves out to the public as husband and wife are if they: File joint tax returns; Have joint bank accounts; Share the same last name; Wear wedding rings; and Receive mail at the same address.
How long do we have to be together to be considered common law married? There is no specific amount of time.
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How do I get a divorce if I am common law married? Before a divorce may be granted, the family court judge must find the common law marriage valid. This process is complicated and you are strongly encouraged to seek the advice of an attorney. If you do not have a marriage certificate but you believe that you are common law married, then the court approved divorce packet will not work for you.
Can I get a Common Law Divorce? Once a judge determines that a man and a woman are common law married, they are legally married. If the parties wish to be divorced, they must file for divorce in court. Are there any court approved resources to help me file for divorce in South Carolina? Where can I get the divorce forms that can be used in South Carolina courts?
What are the requirements to use the court approved Self-Represented Litigant divorce packet?
You can use the court approved divorce packet if: You and your spouse are officially married you have a marriage certificate and not common law married; You and your spouse have been separated for one 1 continuous year without cohabitation; You are not asking for alimony; You or your spouse are not in a mental institution; You or your spouse have not been found incompetent by a judge; and Your spouse is not currently deployed.
What are the requirements to use S. Legal Services offers an interactive program for divorce on their website, www. This program provides you with step-by-step guidance on how to complete your divorce paperwork. There are additional requirements to use S. You can use S. Can I file for a divorce in South Carolina? You can file for divorce in South Carolina if either you or your spouse have lived in South Carolina for a certain period of time: You have lived in South Carolina for at least one 1 year prior to filing for divorce; or You are a resident of another state but your spouse has lived in South Carolina for at least one 1 year prior to filing for divorce; or You and your spouse both live in South Carolina and you have lived in South Carolina for at least three 3 months prior to filing for divorce.
Which county do I file for divorce in? If you can file for divorce in South Carolina, you should file for divorce in: The county where your spouse lives at the time of filing; or The county where you and your spouse last shared a residence; or The county where you live, if your spouse is not a resident of the state of South Carolina.
What if my spouse does not live in South Carolina?
You can still file your divorce in South Carolina as long as you live here and have lived here for more than one 1 year prior to the date that you file your paperwork. What if I just moved to South Carolina, can I still file a divorce here? Only if both you and your spouse have lived in South Carolina for more than three 3 months.
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