South Carolina no longer allows new common law marriages. However, common-law marriages entered into before July 24, 2019, remain valid. That makes a big difference when you’re separating from a long-term partner and wondering about your legal rights.
In this article, we discuss various aspects of common law marriage in South Carolina. If your relationship qualifies under South Carolina’s laws, you may need to go through a formal divorce process. You should consult an experienced family law attorney from McKinney, Tucker & Lemel, LLC, to get a better understanding of the property, support, and custody issues that could arise.
What Is Common Law Marriage?
Common law marriage is a legally recognized marriage enacted without a formal ceremony or marriage license. Instead of paperwork, the relationship forms through your own conduct. This includes living together and presenting yourselves to others as a married couple.
South Carolina once recognized this type of marriage, but the state’s highest court ended the practice for new relationships in 2019. That ruling created a clear line: the common law marriage cutoff date is July 24, 2019, and relationships formed after that date cannot become common law marriages, no matter how long you live together or how you describe your relationship.
On the other hand, relationships formed before that date may still be valid marriages, as long as they meet the legal South Carolina common law marriage requirements in effect at the time. This means your rights could look very similar to those of someone who had a formal wedding.
How Do South Carolina Courts Determine Whether a Common Law Marriage Exists?
There is no single factor automatically proving or disproving a common law marriage in SC. Instead, judges examine whether both partners intended to be married and acted in ways that showed that intent. Because intent can be hard to prove, courts rely heavily on evidence. You may need to show consistent behavior that reflects a shared understanding of marriage. For example:
- Joint bank account statements and co-signed leases
- Social media posts referring to one another as “husband” or “wife”
- Affidavits from third-party witnesses who believed you were married
- Life insurance policies where your partner is the named beneficiary
- Birth certificates that list both partners as the parents of children
Furthermore, courts now use a higher standard of proof for these cases. You must show clear and convincing evidence that both partners agreed to be married. This means casual references or inconsistent behavior can make your marriage claim more difficult to establish.
What Are Common Misconceptions About Common Law Marriage in SC?
Confusion about common law marriage is rampant. Many people believe certain milestones automatically create a legal marriage, but that’s not how the law works.
- Living Together Does Not Create a Marriage – Sharing a home, even for decades, doesn’t make you married under South Carolina law. You can share bills and build a life together without forming a legal marriage. Courts look for mutual intent to marry, not mere convenience or long-term cohabitation.
- Having Children Does Not Equal Marriage – Raising children together also doesn’t create a marriage. Parenting responsibilities and shared financial obligations may exist regardless of marital status. While having children together can be part of a larger relationship picture, it does not, on its own, establish a common law marriage.
These misconceptions often crop up during breakups. One partner may believe a marriage exists while the other disagrees. That disagreement can lead to arguments over property and other issues that may require a lawyer’s help to resolve.
What is the Process of Divorce in a Common Law Marriage?
If a court determines that a valid common law marriage exists, ending the relationship requires the same legal process as any other marriage: divorce. There is no shortcut or informal way to dissolve it. You must file for divorce and follow South Carolina’s legal procedures. The process typically involves the following:
- Filing a complaint for divorce
- Establishing grounds for divorce, such as adultery, physical cruelty, habitual drunkenness, desertion, or one year of continuous separation
- Dividing marital property under equitable distribution laws
- Determining alimony, if appropriate
- Resolving child custody and support, if children are involved
When dividing property, courts look for a fair outcome rather than a strict 50/50 split. Courts consider factors like the length of the relationship and each partner’s financial contributions, among others. Alimony may also be available, depending on the circumstances.
If your relationship qualifies as a common law marriage, the legal consequences are the same as a traditional marriage. That includes both marriage rights and responsibilities, which can significantly affect your financial future.
Does a Common Law Marriage in South Carolina Affect Custody and Related Matters?
Child custody decisions do not depend on whether you had a formal wedding or a recognized common law marriage. Courts focus on your child’s best interests when making custody determinations. Still, your marital status can influence how certain issues are handled. If a valid common law marriage exists, custody and support matters are typically addressed within the divorce process. If no marriage exists, these issues may be handled through separate family court actions. This often involves the following:
- Evaluating each parent’s relationship with the child
- Considering the child’s needs and stability
- Reviewing each parent’s ability to provide a safe environment
- Taking into account any history of abuse or neglect
Child support calculations follow established guidelines based on both parents’ incomes. These obligations apply regardless of marital status.
The best way to find out whether you’re in a common law marriage and what to expect from the child custody and support process is to get in touch with a family law firm as soon as possible.
Contact a South Carolina Family Law Lawyer
Common law questions are common, especially when a relationship is ending, and important decisions need to be made. You need clear answers about your rights and what steps come next to protect your future.
McKinney, Tucker & Lemel, LLC, has built a tradition of helping people in York and Lancaster Counties since 1977. Our attorneys handle family law and divorce matters with open communication, compassion, attention to detail, and cost-effective advocacy, all backed by decades of experience in South Carolina courts.
If you’re unsure whether your relationship qualifies as a common law marriage or how that affects your situation, reach out for our experienced legal guidance. Contact us today for a confidential consultation. You can also review what others have shared about their experiences on our testimonials page.
