Legal Question in Family Law in South Carolina
Common Law accepted?
In SC, still as of now, common law marriages are still acknowledged. As of May of 2003, my common law husband and I have been living together indefinitely. From his previous marriage, according to their divorce decree, he is not to have any overnight guests (unless by blood or by marriage) while he has visitation of his son (every other weekend court order). Since we are considered common law, does this apply to me? Also, how can I register us as common law through SC officially? We intend to get married in due time.
1 Answer from Attorneys
Re: Common Law accepted?
You mention several inconsistent facts in your inquiry. If you are common law married, then you are just as married as you would be if you got married in a church, etc.
So the question here is whether you truly are common law married or not. One key element is that you consider yourselves to be married. Your statement that you intend to get married in due time raises a question on that issue.
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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