Legal Question in Family Law in South Carolina

common-law marriages in sc

Does SC acknowledge common law marriages when husband and wife divorced then lived together for 25 years as married partners including buying property, covering each other on insurance policies? The divorce was finalized but the couple worked things out and lived as man and wife for 25 years.


Asked on 2/18/08, 3:06 pm

2 Answers from Attorneys

Robin Cromer Cromer Law Firm, LLC

Re: common-law marriages in sc

South Carolina still recognizes common law marriage but you may have to go to court to have it recognized legally. There are several considerations that the court will use, including the length of time the couple held themselves out as husband and wife, and a prior divorce does not exclude them from being married in common law later, so long as they meet the common law guidelines.

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Answered on 2/19/08, 12:15 pm
Ben Stevens The Stevens Firm, P.A. Family Law Center

Re: common-law marriages in sc

With regard to common law marriage, the determining factors are whether the people considered themselves to be husband and wife and whether they held themselves out to others as husband and wife.

These are complex issues, and it is important that they be handled correctly. Therefore, it is important that you consult an experienced family law attorney to find out what options are available to you based on the facts of your particular case.

If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.StevensFirm.com). I wish you the best of luck.

Ben Stevens

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Answered on 2/18/08, 6:27 pm


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