How Long Do You Have to Live Together for Common Law Marriage in SC?
Common law marriage, also known as informal marriage, is a legal concept that recognizes a couple as married without them going through a formal marriage ceremony or obtaining a marriage license. While South Carolina does not recognize common law marriage, it does recognize common law marriages that were established in other states where they are recognized. This means that if you lived in a state that recognizes common law marriage and met their requirements, South Carolina will acknowledge your common law marriage.
Understanding the requirements for common law marriage can be complex, as they vary from state to state. In this article, we will discuss the requirements for common law marriage in South Carolina and answer some frequently asked questions about this topic.
Requirements for Common Law Marriage in South Carolina
To establish a common law marriage in South Carolina, you must meet certain criteria, even if the marriage was established in another state. These requirements include:
1. Intent to Marry: Both parties must have the intent to be married. This means that you must present yourselves to others as a married couple and consider yourselves married.
2. Cohabitation: You must live together as a couple for a significant period of time. While there is no specific duration mentioned in the South Carolina law, the courts generally consider a minimum of one year of cohabitation as a factor in determining whether a common law marriage exists.
3. Mutual Agreement: Both parties must agree to be married and have a mutual understanding that they are in a marriage-like relationship.
4. Holding Out: You must hold yourselves out to the public as a married couple. This can include introducing each other as spouses, filing joint tax returns, or sharing the same last name.
5. Consensual Relationship: The relationship must be consensual, meaning that both parties are of legal age and have the mental capacity to enter into a marriage.
Frequently Asked Questions
Q: Is common law marriage recognized in South Carolina?
A: South Carolina does not recognize common law marriage. However, if you established a common law marriage in a state that recognizes it, South Carolina will recognize your marriage.
Q: What if we lived together for less than a year?
A: While there is no specific duration mentioned in South Carolina law, the courts generally consider at least one year of cohabitation as a factor in recognizing a common law marriage. However, other evidence and circumstances may also be considered.
Q: Can we file joint tax returns if we are in a common law marriage?
A: If you can prove that you meet the requirements for a common law marriage, you may be eligible to file joint tax returns. However, it is advisable to consult a tax professional or an attorney for specific guidance.
Q: How can we prove our common law marriage in South Carolina?
A: To prove your common law marriage, you will need to provide evidence such as joint bank accounts, joint leases or mortgages, shared bills, affidavits from friends or family members who can testify to your relationship, or any other documentation that supports your claim.
Q: Can we dissolve a common law marriage in South Carolina?
A: If you established a common law marriage in a state that recognizes it, you will need to follow the dissolution procedures of that state to end the marriage. South Carolina does not have specific procedures for dissolving common law marriages.
In conclusion, South Carolina does not recognize common law marriage, but it does acknowledge common law marriages established in states that recognize them. To establish a common law marriage, both parties must have the intent to marry, live together for a significant period, and hold themselves out as a married couple. It is important to consult an attorney for legal advice specific to your situation and to understand the laws of the state where your common law marriage was established.