Does Common Law Marriage still exist in South Carolina?


1. What requirements must be met for a couple to be recognized as common law married in South Carolina?

♦ The couple must agree to be married.
♦ The couple must cohabitate continuously for at least 90 consecutive days.
♦ The couple must hold themselves out to the public as married to each other.
♦ Each person must be at least 16 years of age.
♦ There can be no other impediments to marriage, i.e. a previous marriage that has not been dissolved.

2. Does a couple who are considered common law married have the same rights as any other married couple?


3. If you are considered common law married do you have to get a divorce?


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