How to Get Married in South Carolina (2026)
Reviewed by DocDraft Legal Team · South Carolina · Last updated 2026-05-18
Getting married in South Carolina means working through South Carolina-specific rules on the marriage license, the timing around it, and the ceremony itself. Between license issuance and the ceremony itself, the rule is: 24 hours. The license validity window is: No state-level statute. Governed by municipal ordinance as applicable. Common-law-marriage status: the modern rule in most U.S. states is that a marriage requires both a license and a solemnized ceremony; only a small group of states still permits a marriage to be contracted by cohabitation, holding out, and present-tense agreement (consult the state code). This guide walks the South Carolina marriage-license steps, the documents required, and the officiant rules that apply.
Key Considerations
Two date-driven South Carolina rules surround the marriage license. 24 hours. No state-level statute. Governed by municipal ordinance as applicable. A ceremony performed inside the waiting period (where one applies) or after the validity window has lapsed is not lawful, and the parties would have to reapply.
Two structural South Carolina rules determine whether the marriage is legally complete: the common-law-recognition rule and the officiant rule. On common-law: the modern rule in most U.S. states is that a marriage requires both a license and a solemnized ceremony; only a small group of states still permits a marriage to be contracted by cohabitation, holding out, and present-tense agreement (consult the state code). On officiants: Only ministers of the Gospel, Jewish rabbis, officers authorized to administer oaths in this State, and the chief or spiritual leader of a Native American Indian entity recognized by the South Carolina Commission for Minority Affairs pursuant to Section 1-31-40 are authorized to administer a marriage ceremony in this State. A ceremony that satisfies neither path is not a marriage in South Carolina.
A South Carolina marriage starts with a license, and a license starts with two threshold questions: cost and age eligibility. The cost question runs to the issuing clerk: the dollar amount of the marriage-license fee is determined by the issuing clerk's office rather than by a single statewide statute, and couples should confirm the current charge with the specific county or town clerk that will issue the license (consult the state code). The age question is set by the state marriage code: sixteen to eighteen. Both are settled before any application is signed.
Need These Documents?
DocDraft can help you draft them with AI, with licensed attorney review included. Plans from $39.99/mo.
Relevant Documents
South Carolina couples typically present this stack at the clerk's office: the completed marriage-license application, valid government photo identification, and (where applicable) the premarital-course completion certificate. a one-time fifty-dollar nonrefundable state income tax credit. South Carolina issuing clerks collect the marriage-license fee at the application appointment.
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
Submit the South Carolina marriage-license application in person at the issuing clerk's office
Before the ceremony days after startingthe dollar amount of the marriage-license fee is determined by the issuing clerk's office rather than by a single statewide statute, and couples should confirm the current charge with the specific county or town clerk that will issue the license (consult the state code). Identification requirements typically include a current government-issued photo ID; some clerks also ask for a birth certificate or certified copy of any divorce decree.
Bring the identification stack the clerk expects: current photo ID for each applicant and, for applicants who have been.
Before the ceremony days after startingThe clerk verifies these on the spot.
If a premarital-course discount applies, complete an approved course before applying
Before the ceremony days after startinga one-time fifty-dollar nonrefundable state income tax credit. Bring the original certificate of completion to the application appointment so the clerk can apply the discount or waiver at filing.
Track the license validity window
Before applying days after startingNo state-level statute. Governed by municipal ordinance as applicable. The wedding has to occur inside that window; if it does not, the license lapses and a fresh license (with a new fee and another application) is required.
Calendar the post-license waiting period (if any) before the ceremony
Before the ceremony days after starting24 hours. Scheduling the ceremony inside the waiting window will make the marriage unenforceable, so the date must fall on or after the earliest lawful day.
Complete the ceremony with an officiant who falls inside the South Carolina authorized-officiant list
At the ceremony days after startingOnly ministers of the Gospel, Jewish rabbis, officers authorized to administer oaths in this State, and the chief or spiritual leader of a Native American Indian entity recognized by the South Carolina Commission for Minority Affairs pursuant to Section 1-31-40 are authorized to administer a marriage ceremony in this State. An out-of-state officiant performing the ceremony inside South Carolina should be confirmed against the South Carolina list, since reciprocity is not automatic.
Return the signed marriage license to the issuing office
After the ceremony days after startingThe officiant typically signs the license at the ceremony and returns it to the clerk within the statutory return window; the clerk then records the marriage and issues the certified marriage certificate.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Submit the South Carolina marriage-license application in person at the issuing clerk's office | the dollar amount of the marriage-license fee is determined by the issuing clerk's office rather than by a single statewide statute, and couples should confirm the current charge with the specific county or town clerk that will issue the license (consult the state code). Identification requirements typically include a current government-issued photo ID; some clerks also ask for a birth certificate or certified copy of any divorce decree. | - | Before the ceremony |
| Bring the identification stack the clerk expects: current photo ID for each applicant and, for applicants who have been. | The clerk verifies these on the spot. | - | Before the ceremony |
| If a premarital-course discount applies, complete an approved course before applying | a one-time fifty-dollar nonrefundable state income tax credit. Bring the original certificate of completion to the application appointment so the clerk can apply the discount or waiver at filing. | - | Before the ceremony |
| Track the license validity window | No state-level statute. Governed by municipal ordinance as applicable. The wedding has to occur inside that window; if it does not, the license lapses and a fresh license (with a new fee and another application) is required. | - | Before applying |
| Calendar the post-license waiting period (if any) before the ceremony | 24 hours. Scheduling the ceremony inside the waiting window will make the marriage unenforceable, so the date must fall on or after the earliest lawful day. | - | Before the ceremony |
| Complete the ceremony with an officiant who falls inside the South Carolina authorized-officiant list | Only ministers of the Gospel, Jewish rabbis, officers authorized to administer oaths in this State, and the chief or spiritual leader of a Native American Indian entity recognized by the South Carolina Commission for Minority Affairs pursuant to Section 1-31-40 are authorized to administer a marriage ceremony in this State. An out-of-state officiant performing the ceremony inside South Carolina should be confirmed against the South Carolina list, since reciprocity is not automatic. | - | At the ceremony |
| Return the signed marriage license to the issuing office | The officiant typically signs the license at the ceremony and returns it to the clerk within the statutory return window; the clerk then records the marriage and issues the certified marriage certificate. | - | After the ceremony |
Frequently Asked Questions
24 hours. The practical effect in South Carolina is that the license-application date has to be planned backward from the ceremony date with the waiting period built in, so applicants do not arrive at the ceremony without a usable license.
the modern rule in most U.S. states is that a marriage requires both a license and a solemnized ceremony; only a small group of states still permits a marriage to be contracted by cohabitation, holding out, and present-tense agreement (consult the state code). The doctrine has been narrowed or abolished prospectively in most states over the past century. Couples planning a future marriage in South Carolina should not assume common-law status without confirming the current rule against the state marriage code.
the dollar amount of the marriage-license fee is determined by the issuing clerk's office rather than by a single statewide statute, and couples should confirm the current charge with the specific county or town clerk that will issue the license (consult the state code). The most reliable source for the current South Carolina figure is the issuing clerk's published fee schedule rather than third-party guides, which can lag behind statutory amendments and local add-ons.
Ready to Draft Your Document?
Get AI-powered legal documents with attorney review included. Plans start at $39.99/mo.