Common law marriage can be a confusing topic, especially for residents of South Carolina. Although the state abolished common law marriage in 2019, couples who entered into such arrangements before the change are still considered married under the law. If you’re wondering what this means for you and how it affects your legal rights, this blog post will explore the key aspects of common law marriage in South Carolina and its implications, including divorce and alimony.

What is Common Law Marriage in South Carolina?

Before its abolition in 2019, common law marriage allowed couples in South Carolina to be legally married without a formal ceremony or marriage license. For a couple to be recognized as common law married, they needed to:

• Present themselves as a married couple to friends, family, and the community.
• Intend to be married, even without an official ceremony.
• Co-habit for a sufficient period (although no specific time frame was required).

It’s important to note that there’s no such thing as “common law divorce.” If you are considered common law married, you must follow the same legal process for divorce as traditionally married couples.

Does South Carolina Recognize Common Law Marriage?

Yes, South Carolina still recognizes common law marriages, but only if the marriage was established before July 24, 2019. After that date, the state no longer allows couples to enter into common law marriages. However, if you and your partner were in a common law marriage before 2019, the state will continue to treat you as a legally married couple. This means that you’ll need to go through a formal divorce process if you wish to end the marriage.

If you’re unsure whether your relationship qualifies as a common law marriage, it’s important to consult with a family law attorney to evaluate the specifics of your situation.

Is Common Law Marriage Legal in South Carolina?

While common law marriage was abolished in 2019, South Carolina continues to recognize relationships that met the common law marriage requirements before this law change. Couples who established a common law marriage before the cutoff date are entitled to the same legal rights and responsibilities as those who had a traditional wedding ceremony.

It’s essential to know that ending a common law marriage still requires a legal divorce. This includes issues such as property division, child custody, and alimony, just like any other marriage. Working with a family law attorney is crucial to ensure that your rights are protected during the divorce process.

Common Law Marriage & Alimony

Just like traditionally married couples, individuals in a common law marriage are subject to the same rules and obligations when it comes to alimony. If you end a common law marriage, the court may order one spouse to pay alimony to the other, depending on several factors, including:

• The length of the marriage.
• The financial situation of both spouses.
• Contributions made by each spouse (e.g., supporting the family financially, raising children, etc.).

If you are in a common law marriage and are considering divorce, it’s important to understand that alimony may be a part of your case or settlement. Consulting a family law attorney will help you determine what you may be entitled to—or responsible for—during the divorce proceedings.

Other Key Considerations for Common Law Marriage in South Carolina

Property Division:
In a common law marriage, any property acquired during the relationship is considered marital property and may be subject to equitable division during a divorce. This includes real estate, vehicles, bank accounts, and other assets that the couple accumulated together.

Child Custody and Support:
Just as in traditional marriages, child custody and support are critical issues in common law divorces. The court will decide custody and visitation arrangements based on the best interests of the child, while child support will be calculated based on the financial resources of each parent.

Legal Proof of Common Law Marriage:
If your common law marriage is contested by your partner or other parties, you may need to provide evidence of the marriage to establish its validity. This can include showing proof of shared assets, testimonies from friends or family, and documentation of joint financial responsibilities (e.g., joint bank accounts or property ownership).

Johnston Family Law – Family Law Attorneys in Charleston, South Carolina

At Johnston Family Law, we specialize in handling the complexities of common law marriage, divorce, and alimony in South Carolina. Whether you were part of a common law marriage before 2019 or are navigating a traditional divorce, our experienced team is here to guide you through every step of the legal process. We understand the emotional and financial challenges that come with family law cases, and we are committed to helping you achieve the best possible outcome for your situation.

If you’re considering divorce and need a Family Law Attorney in Charleston, contact us today to schedule a consultation. Our team will provide you with the advice and the legal support you need.