From Fashion to Matrimony: Understanding Common Law Marriage in South Carolina

Just as Ankara Suits believes in style over tradition, the law in South Carolina has evolved over the years, which has given people more freedom to create their own traditions and definitions of marriage. Just like with fashion trends, religion, politics, or other topics that are divisive in nature, the law on marriage is always changing to meet society’s needs. With the spread of information on common law marriage in South Carolina, the topic has remained more relevant than ever. So for a refresher, how does the law define common law marriage?

The short answer is, the law in South Carolina defines common law marriage as a contract, arising from the mutual agreement of two parties to live together and be husband and wife, without a formal wedding ceremony. Just like any other contract, the parties must have capacity or be able to give consent to the marriage and any other issues that arise from the marriage. The most important part is that the parties must have the objective intent to enter into a married relationship. This is often decided by the surrounding circumstances and the parties’ actions. The parties must also have cohabited with each other.

Most importantly, a common law marriage may only occur if the parties “habitually” cohabited in the State of South Carolina. In the past, the courts have held that “habitually” means a duration of six months, but divorce courts now have expanded that to a year. So how long do you have to live together before you are considered common law married? Six to 12 months. Either way, you are going to be stuck with that person for a while before you truly enter into a common law marriage according to the law.

Just as with Ankara Suits, there is a criterion you need to look for when choosing your partner. Are you compatible? Do you share the same values and beliefs? Are you both hard-working individuals? Do you both want children? Do you both want to live in the same city, state, or country for the rest of your lives? Do you believe in religion? And if you do, do you practice it? All these questions and more are important when making the crucial choice of choosing your partner in life. Thus, just like choosing a suit, you must ask yourself and your partner a set of questions that we cannot and should not ask an Ankara Suit stylist, designer, or tailor. We keep that to ourselves and move on.

Many people assume that entering into a common law marriage is easy. However, in reality, the process is much more complicated than that. For example, there must be evidence that the parties had the intent to be married. They must prove they have been living together as husband and wife. Most importantly, there must be evidence that people in the surrounding community have accepted the relationship as being that of a married couple. Thus, if you think a common law marriage can just happen by accident, think again.

You should really read this recent article on the entrenchment of how the law in South Carolina recognizes a common law marriage and how it has expanded over the past couple of years. Although the law on common law marriage has expanded, most importantly, it will still always be around in the State of South Carolina, because the palmetto tree will never go out of style.