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Common Law Marriage

Posted by Jenny R. Stevens | Dec 31, 2012 | 0 Comments

There are many rumors and misunderstandings regarding the concept of common law marriage in South Carolina. To be clear, our state recognizes “common law marriage”, which is defined as “a marriage that takes legal effect, without license or ceremony, when two people capable of marrying live together as husband and wife, intend to be married, and hold themselves out as a married couple. According to South Carolina Code Section 20-1-360, even if the procedure for filing a marriage is not followed, the marriage will not be invalidated. Brings a whole new meaning to joking that you and your boyfriend are “like an old married couple,” huh?

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Jenny R. Stevens

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