South Carolina Specific

Common-Law Marriage & Divorce in South Carolina

South Carolina previously recognized common-law marriages but has since abolished new ones. However, common-law marriages validly formed before the cutoff date are still legally recognized. If you established one, you'll need a formal divorce to end it.

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States That Recognize Common-Law Marriage

Only a handful of US states currently allow new common-law marriages:

Colorado

No minimum time required. Courts look at mutual agreement, cohabitation, and public representation as married.

Iowa

Present intent to be married, public declaration, continuous cohabitation. No time limit.

Kansas

Capacity, mutual agreement, and holding out as married to the public.

Montana

Mutual consent, cohabitation, and community reputation as married.

Texas

Agreement to be married, cohabitation in Texas, representation to others. Can file Declaration of Informal Marriage. 2-year statute of limitations to prove after separation.

Utah

Most restrictive: requires court petition for judicial validation during or within 1 year after the relationship.

Also recognized in: District of Columbia. New Hampshire recognizes only for inheritance/probate purposes after death.

The Common-Law Marriage Myth

✓MYTH: Living together for 7 years automatically makes you married. FACT: No state has a time-based rule — it's about intent, cohabitation, and public representation.
✓MYTH: You can end a common-law marriage by simply moving apart. FACT: You need a formal divorce, just like any other marriage.
✓MYTH: Common-law marriage isn't 'real' marriage. FACT: It carries all the same rights and obligations as ceremonial marriage.
✓MYTH: Only your state matters. FACT: A valid common-law marriage from one state must be recognized in all 50 states.

States That Abolished Common-Law Marriage

✓Alabama (2017), South Carolina (2019), Pennsylvania (2005), Ohio (1991)
✓Georgia (1997), Indiana (1958), Florida (1968)
✓These states still honor common-law marriages created before the cutoff date
✓If you believe you have a grandfathered common-law marriage, consult a family law attorney

Divorcing a Common-Law Marriage

✓A common-law marriage requires a formal divorce — same process as any other marriage
✓Property is divided the same way as in a ceremonial marriage (community or equitable distribution rules apply)
✓Spousal support, child custody, and child support are handled identically
✓The biggest challenge: PROVING the marriage existed — there's no marriage certificate
✓Evidence includes: joint tax returns, joint accounts, shared last name, insurance beneficiary designations, testimony from friends/family
✓Texas: if more than 2 years pass after separation without filing, the law presumes no marriage existed
✓Hire an experienced family law attorney — common-law divorce has unique evidentiary challenges

Every situation is different

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Legal Disclaimer: This article covers South Carolina divorce law for general informational purposes only and does not constitute legal advice. Laws change frequently. Always consult a licensed South Carolina family law attorney for advice specific to your situation.