Does Common Law Marriage still exist in South Carolina?

YES

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?

YES

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

YES

 

Disclaimer:  Information contained in this column is meant to be of general information on frequently asked questions concerning disability, elder law, estate planning and probate law, and does not contain specific legal advice to a client.  No attorney-client relationship is created by reading this column.

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