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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?

About the Author

Jenny R. Stevens

Jenny has been certified as a Guardian ad Litem for many years, and she finds her work representing children in private custody litigation to be some of the most rewarding work in the practice of law. These cases, along with her own personal experience with divorce, inspired her to practice family law in a way which focuses not only on the legal aspect of family law, but also on the impact these events have on the individuals involved. Being a wife, mother and stepmother herself, Jenny understands the compassion and sensitivity needed to help guide families through these transitions.


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