Legal Question in Family Law in South Carolina

Common-law marriage

In South Carolina, is it possible to cohabitate one's way to marriage? Was it ever possible? If so, what are the procedures for annullment? If it is possible to anull such a marriage, what are the criteria for providing proof thereof?


Asked on 3/23/07, 10:33 am

1 Answer from Attorneys

Ben Stevens The Stevens Firm, P.A. Family Law Center

Re: Common-law marriage

Common law marriage does exist in South Carolina under certain circumstances. You an read an article about this subject, including the elements of common law marriage, by pasting the following address into your web browser: http://www.scfamilylaw.com/divorce-separation-what-is-a-common-law-marriage.html

If one _is_ common law married, then the marriage is treated like all other marriages, which can result in separation, divorce, and/or annulment. However, annulments are difficult to obtain in South Carolina.

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 3/25/07, 8:12 pm


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