Marriage Laws in South Carolina (2026): Rules Every Couple Should Know

Getting married in South Carolina is exciting. But there are real legal rules you need to follow. Miss a step, and your marriage might not be valid.

This guide breaks down everything clearly. Age limits, license rules, prohibited marriages, and more. Let’s get into it.

What Is Marriage Law in South Carolina?

Marriage law covers the legal requirements for getting married in a state. It sets rules about who can marry, how to apply for a license, and what makes a marriage valid.

South Carolina’s marriage laws are found in Title 20 of the state code. They cover everything from age limits to who can perform a ceremony. Honestly, most people don’t know these rules until they need them.

Basic Marriage Requirements in South Carolina

Who Can Legally Get Married?

You need to meet a few basic requirements to get married in South Carolina.

You must be at least 18 years old to marry without anyone’s permission. If you’re 16 or 17, you can still get married. But you need written consent from a parent or legal guardian. That consent must be given by sworn affidavit.

Anyone under 16 cannot get married in South Carolina at all. This rule has no exceptions. A bill introduced in 2025 is working to raise the minimum age to 18 for all marriages with no exceptions.

You also cannot be currently married to someone else. And you must be mentally competent to enter a legal contract. Pretty straightforward, right?

Who Cannot Get Married?

South Carolina has a list of prohibited relationships. You cannot marry a close blood relative. That means no marrying a parent, grandparent, child, sibling, aunt, uncle, niece, or nephew.

The law also bars certain in-law relationships. You cannot marry a stepparent, a stepchild, or a son or daughter-in-law.

Okay, here is one that surprises some people. South Carolina actually allows marriage between first cousins. That is legal under state law.

Same-sex marriage is a more complex topic in South Carolina. The state has a law on the books prohibiting it, but the U.S. Supreme Court ruled in 2015 that same-sex marriage is a constitutional right nationwide. Federal law overrides the state prohibition.

Getting Your Marriage License

How to Apply

You must apply for a marriage license in person at a Probate Court. You can go to any county in South Carolina. There is no residency requirement, which is great news for couples planning destination weddings.

Both people planning to marry must appear together in person to apply. You cannot send someone else in your place.

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Here is what you need to bring with you:

A valid photo ID is required. A driver’s license, state ID, passport, or military ID all work. If you are between 18 and 24 years old, you also need to bring proof of age like a birth certificate.

You will also need your Social Security number. You do not have to bring the physical card, but you do need to provide the number.

If either of you was previously married, your prior marriage must be legally ended. South Carolina also requires a 90-day waiting period after a divorce before you can remarry in the state.

The Waiting Period

Here is where it gets interesting. South Carolina requires a 24-hour waiting period after you apply. The license cannot be issued until at least 24 hours have passed.

This means you cannot show up and get married the same day. Plan ahead. Most wedding planners suggest applying for your license at least a few weeks before your wedding date.

Once issued, your license is valid for a limited window. Check with your specific county, as validity periods can vary from 30 to 60 days depending on the county.

The Fee

The cost of a marriage license varies by county. Most counties charge between $35 and $70. Call your local Probate Court ahead of time to confirm the exact fee and accepted payment methods.

Here is a bonus tip. If you complete a qualifying premarital counseling course, you may be eligible for a $50 state income tax credit. The course must be taught by a licensed counselor or clergy member. You get a certificate to present when you apply.

Who Can Perform the Ceremony?

South Carolina is pretty flexible here. A marriage ceremony can be performed by a minister, priest, or rabbi. A notary public can also legally perform a wedding ceremony in South Carolina.

Probate court judges and other authorized public officials can also officiate. The main thing is that the person performing the ceremony is legally authorized to administer oaths in the state.

After the ceremony, the officiant must sign the marriage license. They then have 15 days to return it to the Probate Court for filing. Do not lose track of this step.

Wait, this part is important. You need at least two witnesses present at the ceremony according to some sources, though some counties may have different guidance. Check with your county to be sure.

Bigamy: Marrying While Still Married

Bigamy is a serious crime in South Carolina. You cannot legally marry a second person while your first marriage is still valid. If you do, that second marriage is automatically void.

And the legal consequences are real. If you are convicted of bigamy in South Carolina, you could face a fine of at least $500 and imprisonment ranging from six months to five years. Bigamy is classified as a Class F felony.

Think of it like a traffic ticket, but way, way more serious.

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There are a few legal exceptions. You are not guilty of bigamy if your spouse has been missing and presumed dead for at least seven years. Or if the previous marriage was annulled or ended by a valid divorce. But these exceptions are narrow.

Common Law Marriage: A Big Change in 2019

Most people assume that if you live with someone long enough, you become legally married. That is a myth.

And in South Carolina, that idea got officially buried in 2019.

A friend asked me about this recently. They had lived with their partner for over a decade. They assumed they were common-law married. Turns out, they were not.

Here is what happened. In July 2019, the South Carolina Supreme Court abolished common-law marriage in the case of Stone v. Thompson. As of July 24, 2019, you can no longer form a valid common-law marriage in South Carolina by living together. You must have an actual marriage license.

However, there is an important exception. If your common-law marriage was formed before July 24, 2019, it is still legally recognized. Those relationships are grandfathered in under the old rules.

If you believe you were in a common-law marriage before that date, you may still need to go through a formal divorce process to end it. You cannot just walk away. Failing to do that before remarrying could technically make you guilty of bigamy.

You are not alone if this confuses you. This is honestly one of the most misunderstood parts of South Carolina marriage law.

Special Circumstances

Out-of-State Marriages

A valid marriage from another state is generally recognized in South Carolina. So if you got legally married elsewhere, your marriage is valid here too.

You also do not have to live in South Carolina to get a marriage license here. The only requirement is that the actual marriage ceremony takes place within the state.

Remarriage After Divorce

If you got divorced in South Carolina, you must wait 90 days after the divorce is final before remarrying in the state. This is a firm rule. Plan accordingly if you are remarrying soon after a divorce.

Annulment vs. Divorce

An annulment is different from a divorce. A divorce ends a valid marriage. An annulment says the marriage was never legally valid in the first place.

You can seek an annulment in South Carolina if the marriage was prohibited by law, if one person was already married, if someone was underage and no proper consent was given, or if a party lacked the mental capacity to consent.

How to Get Your South Carolina Marriage License

Ready to get started? Here is what you need to do.

First, gather your documents. Bring a valid photo ID and your Social Security number. If you are 18 to 24, bring a birth certificate too. If either of you was previously married, bring proof the prior marriage is legally ended.

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Second, go to any Probate Court in South Carolina together. Both of you must appear in person.

Third, fill out the application and pay the fee. Then wait 24 hours before you can pick up the license.

Fourth, plan your ceremony with an authorized officiant. Make sure they understand their responsibility to file the signed license within 15 days of the ceremony.

Fifth, after your wedding, use your certified marriage certificate to update your Social Security card, driver’s license, passport, and other documents if you are changing your name.

Stay with me here. One last thing. Keep a copy of your marriage certificate in a safe place. You will need it more than you think.

Frequently Asked Questions

Do both people have to be South Carolina residents to get a marriage license?

No. There is no residency requirement. Anyone can apply for a marriage license at a South Carolina Probate Court, as long as the ceremony takes place in the state.

Can I get married the same day I apply for my license?

No. South Carolina requires a mandatory 24-hour waiting period between applying and receiving your license. Plan ahead.

Is my out-of-state marriage valid in South Carolina?

Yes. A marriage that was legally performed in another state is generally recognized as valid in South Carolina.

Can a notary public legally marry someone in South Carolina?

Yes. South Carolina notaries are authorized to administer oaths, which means they can legally perform a wedding ceremony.

What happens if I give false information on my marriage license application?

Providing false information on a marriage license application is a criminal offense. You can face fines and other legal penalties.

Can first cousins marry in South Carolina?

Yes. South Carolina law permits marriage between first cousins. This distinguishes it from many other states.

How soon can I remarry after a divorce in South Carolina?

If your divorce was granted in South Carolina, you must wait 90 days after the divorce is final before remarrying in the state.

Final Thoughts

South Carolina’s marriage laws are actually pretty manageable once you break them down. The biggest things to remember are the 24-hour waiting period, the age requirements, and the 2019 end of common-law marriage.

If you have any specific concerns about your situation, especially around previous marriages or common-law relationships, talking to a family law attorney is a smart move. A quick consultation can save a lot of headaches down the road.

Now you know the rules. Plan ahead, bring your documents, and enjoy your big day.