Getting Married in South Carolina: Legal Requirements and Considerations
Getting married in South Carolina requires obtaining a marriage license from any probate court in the state, with both parties appearing in person with valid identification. South Carolina has no waiting period after receiving your license, but the license is only valid for 60 days and does not require blood tests or residency requirements.
Marriage is a legal contract that affects property rights, tax status, and potential future obligations. Understanding South Carolina's specific marriage laws before your wedding day can help ensure your union is legally valid and prevent complications later.
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Relevant Documents
Beneficiary Designation Forms
Documents that specify who receives assets from retirement accounts, life insurance policies, and other financial accounts upon your death.
Durable Power of Attorney
Authorizes someone to make financial and legal decisions on your behalf if you become incapacitated, ensuring your affairs can be managed without court intervention.
Healthcare Power of Attorney
Designates someone to make medical decisions for you if you're unable to do so, ensuring your healthcare preferences are respected.
Prenuptial Agreement
A contract entered into before marriage that establishes rights to property and financial support in case of divorce or death. This document can protect pre-marital assets and outline financial responsibilities during marriage.
Updated Will
A legal document that specifies how your assets should be distributed after death. Marriage typically invalidates previous wills in many jurisdictions, making it important to create a new one that includes your spouse.
Relevant Laws
Marriage License Requirements
In South Carolina, both parties must apply for a marriage license in person at a probate court. There is no waiting period after receiving the license, but the license is only valid for 60 days. Both applicants must present identification (driver's license, passport, or birth certificate) and provide their Social Security numbers. The fee varies by county but is typically $35-70.
Age Requirements
South Carolina law requires both parties to be at least 16 years old to marry. Those who are 16 or 17 years old must have consent from a parent or legal guardian. Parental consent must be given in writing and notarized or provided in person at the probate court.
Marriage Ceremony Requirements
South Carolina recognizes marriages performed by various officials including ministers, priests, rabbis, authorized public officials, and probate court judges. The ceremony must include at least two witnesses. After the ceremony, the officiant must complete the license and return it to the probate court within 15 days.
Common Law Marriage
As of 2019, South Carolina no longer recognizes new common law marriages. Common law marriages established before July 24, 2019, are still valid, but couples must now obtain a marriage license and have a ceremony to be legally married.
Name Change After Marriage
South Carolina allows individuals to change their last name after marriage by using their marriage certificate as legal documentation. This can be used to update names on Social Security cards, driver's licenses, passports, and other identification documents. There is no requirement to change your name after marriage.
Premarital Agreements
South Carolina recognizes prenuptial agreements under the Uniform Premarital Agreement Act. These agreements must be in writing and signed by both parties. They can address property division, spousal support, and other financial matters in case of divorce, but cannot determine child custody or support in advance.
Regional Variances
Marriage License Requirements in South Carolina
Charleston County requires both parties to appear in person at the Probate Court. The marriage license fee is $70 (cash only), and there is no waiting period after issuance. The license is valid for 6 months and can be used anywhere in South Carolina.
In Richland County, couples must apply in person at the Probate Court. The fee is $45, and the license is issued immediately with no waiting period. Couples need to bring photo ID, social security numbers, and any divorce decrees if applicable.
Greenville County Probate Court requires both applicants to appear in person with valid photo ID and social security numbers. The fee is $45 (cash only), and there is no waiting period. The license is valid for 6 months from issuance.
Horry County, a popular wedding destination, has a marriage license fee of $45. Both parties must appear in person at the Probate Court with valid ID. There is no waiting period, making it convenient for destination weddings in Myrtle Beach.
Beaufort County requires both applicants to appear in person at the Probate Court. The fee is $50, and there is no waiting period. This county is popular for Hilton Head Island weddings and has specific procedures for non-resident couples planning destination weddings.
Marriage Age Requirements in South Carolina
South Carolina law allows individuals who are 16 or 17 years old to marry with parental or guardian consent. However, some counties may have additional requirements or procedures for verifying consent for minors.
York County requires that for 16-17 year olds, both parents must appear to give consent unless one parent has sole custody. The minor must also bring their birth certificate in addition to photo ID.
Marriage Ceremony Requirements
South Carolina recognizes marriages performed by various officials including judges, ministers, and notaries public. No witnesses are required by state law for the ceremony, unlike some other states.
Folly Beach, a popular wedding destination, requires special permits for beach weddings with more than 25 attendees. These must be obtained from the city at least 45 days in advance.
Charleston has specific regulations for weddings in public parks and historic sites. Permits must be obtained from the Charleston Parks Department for weddings in public spaces, with fees ranging from $100-$1000 depending on location and size.
Suggested Compliance Checklist
Apply for a Marriage License
30-45 days before wedding days after startingBoth parties must appear in person at a South Carolina Probate Court to apply for a marriage license. You'll need to bring: 1) Valid photo ID (driver's license, passport, etc.), 2) Social Security numbers (cards not required), and 3) Payment for the license fee (varies by county, typically $35-70). There is a 24-hour waiting period after application before the license can be issued, and the license is valid for 30 days after issuance.
Complete Marriage License Application
30-45 days before wedding days after startingFill out the marriage license application form provided by the Probate Court. Both parties must provide personal information including full legal names, dates of birth, places of birth, current residences, social security numbers, and information about previous marriages if applicable.
Consider a Prenuptial Agreement
90-120 days before wedding days after startingA prenuptial agreement can protect individual assets acquired before marriage and outline financial responsibilities during marriage. In South Carolina, prenups must be in writing, signed by both parties, and entered into voluntarily with full financial disclosure. Consider consulting with separate attorneys to ensure the agreement is fair and enforceable under South Carolina law.
Update or Create a Will
60 days after wedding days after startingMarriage automatically revokes a previously existing will in South Carolina unless the will specifically states it was made in contemplation of the marriage. Create or update your will to reflect your new marital status and ensure your spouse and any other beneficiaries are properly included according to your wishes.
Create a Healthcare Power of Attorney
60 days after wedding days after startingThis document allows your spouse or another designated person to make medical decisions on your behalf if you become incapacitated. South Carolina has specific requirements for healthcare POAs, including witness signatures and notarization. The document should clearly state your healthcare preferences and who has authority to make decisions.
Create a Durable Power of Attorney
60 days after wedding days after startingThis document authorizes your spouse or another designated person to handle financial and legal matters on your behalf if you become incapacitated. In South Carolina, a durable power of attorney must be signed in the presence of two witnesses and notarized to be valid.
Update Beneficiary Designation Forms
30 days after wedding days after startingReview and update beneficiary designations on life insurance policies, retirement accounts (401(k), IRA, etc.), investment accounts, and other financial assets. These designations typically override will provisions, so it's important they reflect your current wishes regarding your spouse.
Apply for Name Change (if applicable)
30 days after wedding days after startingIf either spouse is changing their name after marriage, you'll need to update your Social Security card first, then your driver's license, passport, and other identification documents. In South Carolina, your marriage certificate serves as legal proof for the name change process. The Social Security Administration and SC Department of Motor Vehicles have specific requirements for documentation.
Update Health Insurance Coverage
30 days after wedding days after startingMarriage is a qualifying life event that allows you to add your spouse to your health insurance outside of open enrollment periods. Contact your health insurance provider or employer's HR department to understand the process and deadlines, which typically range from 30-60 days after marriage in South Carolina.
Consider Joint Banking Accounts
60 days after wedding days after startingDecide whether to maintain separate accounts, create joint accounts, or use a combination approach. If establishing joint accounts, both spouses will need to visit the financial institution together with identification, marriage certificate, and possibly other documentation depending on the bank's requirements.
Update Tax Filing Status
By next tax filing deadline days after startingYour marital status on December 31st determines your filing status for that entire tax year. Research whether filing jointly or separately is more advantageous for your specific financial situation. South Carolina requires married couples to use the same filing status on both federal and state returns.
Update Address and Emergency Contact Information
30 days after wedding or move-in date days after startingIf moving in together, update your address with USPS, employers, financial institutions, and government agencies. Also update emergency contact information with employers, doctors, and other relevant organizations to include your spouse.
Task | Description | Document | Days after starting |
---|---|---|---|
Apply for a Marriage License | Both parties must appear in person at a South Carolina Probate Court to apply for a marriage license. You'll need to bring: 1) Valid photo ID (driver's license, passport, etc.), 2) Social Security numbers (cards not required), and 3) Payment for the license fee (varies by county, typically $35-70). There is a 24-hour waiting period after application before the license can be issued, and the license is valid for 30 days after issuance. | - | 30-45 days before wedding |
Complete Marriage License Application | Fill out the marriage license application form provided by the Probate Court. Both parties must provide personal information including full legal names, dates of birth, places of birth, current residences, social security numbers, and information about previous marriages if applicable. | Marriage License Application | 30-45 days before wedding |
Consider a Prenuptial Agreement | A prenuptial agreement can protect individual assets acquired before marriage and outline financial responsibilities during marriage. In South Carolina, prenups must be in writing, signed by both parties, and entered into voluntarily with full financial disclosure. Consider consulting with separate attorneys to ensure the agreement is fair and enforceable under South Carolina law. | Prenuptial Agreement | 90-120 days before wedding |
Update or Create a Will | Marriage automatically revokes a previously existing will in South Carolina unless the will specifically states it was made in contemplation of the marriage. Create or update your will to reflect your new marital status and ensure your spouse and any other beneficiaries are properly included according to your wishes. | Updated Will | 60 days after wedding |
Create a Healthcare Power of Attorney | This document allows your spouse or another designated person to make medical decisions on your behalf if you become incapacitated. South Carolina has specific requirements for healthcare POAs, including witness signatures and notarization. The document should clearly state your healthcare preferences and who has authority to make decisions. | Healthcare Power of Attorney | 60 days after wedding |
Create a Durable Power of Attorney | This document authorizes your spouse or another designated person to handle financial and legal matters on your behalf if you become incapacitated. In South Carolina, a durable power of attorney must be signed in the presence of two witnesses and notarized to be valid. | Durable Power of Attorney | 60 days after wedding |
Update Beneficiary Designation Forms | Review and update beneficiary designations on life insurance policies, retirement accounts (401(k), IRA, etc.), investment accounts, and other financial assets. These designations typically override will provisions, so it's important they reflect your current wishes regarding your spouse. | Beneficiary Designation Forms | 30 days after wedding |
Apply for Name Change (if applicable) | If either spouse is changing their name after marriage, you'll need to update your Social Security card first, then your driver's license, passport, and other identification documents. In South Carolina, your marriage certificate serves as legal proof for the name change process. The Social Security Administration and SC Department of Motor Vehicles have specific requirements for documentation. | Name Change Application | 30 days after wedding |
Update Health Insurance Coverage | Marriage is a qualifying life event that allows you to add your spouse to your health insurance outside of open enrollment periods. Contact your health insurance provider or employer's HR department to understand the process and deadlines, which typically range from 30-60 days after marriage in South Carolina. | Health Insurance Coverage Change Form | 30 days after wedding |
Consider Joint Banking Accounts | Decide whether to maintain separate accounts, create joint accounts, or use a combination approach. If establishing joint accounts, both spouses will need to visit the financial institution together with identification, marriage certificate, and possibly other documentation depending on the bank's requirements. | Joint Bank Account Application | 60 days after wedding |
Update Tax Filing Status | Your marital status on December 31st determines your filing status for that entire tax year. Research whether filing jointly or separately is more advantageous for your specific financial situation. South Carolina requires married couples to use the same filing status on both federal and state returns. | - | By next tax filing deadline |
Update Address and Emergency Contact Information | If moving in together, update your address with USPS, employers, financial institutions, and government agencies. Also update emergency contact information with employers, doctors, and other relevant organizations to include your spouse. | - | 30 days after wedding or move-in date |
Frequently Asked Questions
In South Carolina, both parties must be at least 16 years old (those 16-17 need parental consent), must apply for a marriage license in person at a county probate court, provide photo ID and Social Security numbers, pay a fee (typically $35-70 depending on the county), and wait 24 hours after receiving the license before getting married. The license is valid for 60 days. No blood tests are required. Both parties must be present when applying for the license.
No, you do not need to be a South Carolina resident to get married in the state. Non-residents can apply for a marriage license at any county probate court in South Carolina, following the same procedures as residents.
In South Carolina, marriages can be performed by: ordained ministers, priests, or rabbis; probate court judges; family court judges; magistrates; notaries public; and certain government officials. The person performing the ceremony must be authorized to do so under South Carolina law (SC Code § 20-1-20) and must complete and return the marriage license to the probate court within 15 days after the ceremony.
No, premarital counseling is not legally required in South Carolina. However, couples who complete a qualifying premarital preparation course may receive a $50 discount on their marriage license fee. The course must be at least 6 hours long and completed within 12 months before applying for the license.
If you've been previously married, you'll need to provide information about how your previous marriage ended (divorce, death, or annulment). If divorced, you should know the date your divorce was finalized, but you typically don't need to bring divorce papers to apply for a new marriage license in South Carolina. If widowed, you may need to provide the date of your spouse's death.
No, South Carolina no longer recognizes new common law marriages. The state abolished common law marriage for any relationships formed after December 31, 2018, following a South Carolina Supreme Court ruling. However, common law marriages established in South Carolina before January 1, 2019, are still legally valid if they meet the requirements that existed at that time.
South Carolina has a 24-hour waiting period after you receive your marriage license before you can legally get married. This means you must wait at least one day after obtaining your license before having your ceremony. The license remains valid for 60 days, so you must get married within that timeframe or apply for a new license.
Yes, South Carolina law requires at least two witnesses to be present at your wedding ceremony. These witnesses must observe the ceremony and may be asked to sign the marriage certificate. Choose responsible adults who can attest to the fact that the marriage took place.
South Carolina is not a community property state but follows equitable distribution laws. This means that property acquired during marriage isn't automatically split 50/50 in case of divorce. Instead, marital property is divided equitably (fairly but not necessarily equally) based on various factors. Property owned before marriage typically remains separate property, but its status can change depending on how it's treated during marriage.
Yes, you can change your name after marriage in South Carolina. Your marriage certificate serves as the legal document needed to change your name with the Social Security Administration, DMV, and other institutions. You'll need to update your Social Security card first, then your driver's license, and then other documents and accounts. There's no deadline for changing your name after marriage.