Nested in the topics of family law and divorce, the idea of common law marriage can seem a little dry to students studying for exams or simply picking up books on the subject. However, for those who are taking an interest in larger issues of relationships and the law, as well as for any students who are interested in how societal rules can conflict with the law, the concept of common law marriage in South Carolina actually presents rather fascinating material.

The concept of common law marriage is that married couples can have a valid marriage without going through traditional ceremonies or registrations. Basically, the general idea is that couples who live together and present themselves as living in a martial relationship can be considered legally married even if they never went through any legal proceedings for it. Common law marriage can contrast with ceremonial marriage, where parties go through the process of having their union recorded by a government entity.

In South Carolina, common law marriages are no longer recognized for the most part. So, within the state, a couple cannot simply combine their living spaces and interact with each other professionally and personally as a married couple and be considered lawfully married. Common law marriages were actually valid in South Carolina until 2019, when an Act was signed to prohibit any new common law marriage. Existing common law marriages can still be recognized, but new unions will not qualify as marriage under South Carolina law.

Before the action affecting common law marriage, the concept was valid within the Palmetto State on the same level as ceremonial marriage. A couple who lived together and represent themselves as married would be considered married by the law, even if the individual never legally married. The general idea of common law marriage is accepted in some other states and is acknowledged at a federal level. Common law marriage is a little tricky, because it generally requires a great deal of proof and a long period of time for parties to be subjected to a common law marriage. For example, in some states, couples may have to live together for a full year before being considered married. Additionally, if they are going to be subject to a common law marriage, it is important that they hold themselves out as being married. For example, if the parties went on vacation, they might have to only book a single room. It is the idea of presenting themselves as married that is the key test.

Some other states have abolished common law marriage, moving towards more ceremonial marriage laws. One unique aspect of the common law marriage situation in South Carolina was that it was not simply abolished but that existing couples in a common law marriage were allowed to continue as married, even if no new couples could be recognized. This has left some situations a little questionable for those who are not lawyers on how they would treat couples like this.

For example, what happens if a single college student comes to South Carolina for school? She works hard on her studies and meets another young adult who has dreams and aspirations that match her own. Over months, the two find themselves falling in love and decide to move in together and enjoy their lives. Do they now have a legal marriage?

This is a classic scenario for college students who are embarking on their early life as adults. It is not uncommon for college students to become pregnant and move in together, although many do not get married. Under South Carolina law, a couple like this would not be recognized as married.

The only thing that would provide for a common law marriage in that case would be for someone to make a claim that the couple held themselves out to the public as being married. Maybe it was the couple’s statements on social media about being a couple. Maybe it was a marriage certificate that they got when they were on vacation. However, without that information, the couple would not be recognized as being married.

There are certainly many different circumstances that could affect a situation in this regard. One thing that is certain is that the change in the law will create a great deal of opportunity for future litigation. In order to prove a common law marriage exists, a person often has to spend time digging up hearsay and other evidence that may not be written down. This means that people will have to spend money on making calls and answering questions to provide proof that they were married, which might involve them hiring an attorney to get an order recognizing their relationship.

Hopefully, the situation with the abolition of common law marriage in South Carolina will provide an interesting venue for students studying the area of family law to learn more about this topic. It is also a topic that will encourage them to learn more about what the law says about relationships and how it conflicts with the ideals that people have about romance.