What constitutes a Common Law Marriage in South Carolina?

Is there a way for a man and a woman who live together and don't wish to be considered married to avoid being classified as such in South Carolina?





Thank You!


What constitutes a Common Law Marriage in South Carolina?
The essential distinctions of a common law marriage are:





Common-law marriages are not licensed by government authorities, although they may be recorded in the public records of some governmental entities.


Common-law marriages are not solemnized.


Cohabitation alone does not create a common-law marriage; the couple must hold themselves out to the world as husband and wife; and


There must be mutual consent of the parties to the relationship constituting a marriage


Both parties must be of legal age to enter into a marriage or have parental consent to marry


In some jurisdictions, a couple must have cohabited and held themselves out to the world as husband and wife for a minimum length of time for the marriage to be recognised as valid.


There is no such thing as ';common-law divorce';. Once a marriage is validly contracted, whether according to statute or according to common law, the marriage can only be dissolved by a legal proceeding in the pertinent trial court (usually family court or probate court). In Texas a new provision was added to the Family Code; either partner in a common law marriage has two years after separation to file an action in order to prove that the common law marriage existed. To use the provision, you must have been separated after September 1, 1989.





A common law marriage is legally binding in some jurisdictions but has no meaning in others. In some jurisdictions without true common law marriages (e.g. Hungary), the term ';common law marriage'; is used as a synonym for non-marital relationships such as domestic partnership or reciprocal beneficiaries relationship (i.e. ';shacking up';).





I hope I answered your question. Good luck on finding your answer.





Oh, and you are welcome!What constitutes a Common Law Marriage in South Carolina?
If this really concerns you, it is better to talk to an attorney for an hour for 75 dollars or so, and get the right answer then live the rest of your life worried that you were wrong, causing all kinds of legal consequences that will shadow you your whole life.





edit - you are rich enough for a lawyer - look in your local yellow pages, you will find many that offer a free consultation, and many more that make a living answering questions like this one form people who think they can't afford it but can.





But if you'd rather live your life not sure if you are married or not, paying wrong taxes, not sure what your rights and obligations are in any state you go to, not sure if you can visit in the hospital, inherit or will property to each other, legal status of children, and so on, well go on and take your chances on advice from random people here.
both have separate bills-receipts to prove you both pay rent/payments/utilities


do not have shared checking/savings accounts


do not address yourself as husband and wife/correct anyone who address your as married


do not sign any documents saying your responsible for the others debt


do not have joint credit cards


do not say you live together say you live in same household


states vary on laws on time span when living together



In South Carolina, a common law marriage is established if a couple intends for others to believe they are married. Just make sure you do not refer to one another as husband and wife or do anything that would make people around believe you are married.
SC considers common law marriage when a couple lives together in the same residence for over 2 years.
I think each state is different in the amount of years you must be together. Not sure about SC but it's 8 years in my state.