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South Carolina Marriage Records

In South Carolina, a marriage is a legally recognized union between two individuals that establishes them as spouses. This union creates a legal relationship that confers certain rights, responsibilities, and obligations to both parties under state and federal law and carries significant social and personal implications. Any two individuals in South Carolina may get married as long as they meet three main requirements:

  • They are at least 16 years old
  • They have a valid marriage license
  • They hold a wedding ceremony performed by an authorized officiant

The eligibility criteria, prohibitions, and procedures for marriages in South Carolina are outlined in Title 20, Chapter 1 of the South Carolina Code of Laws. Per this law, individuals 16 or 17 who reside with a parent (or legal guardian) must first get this parent or guardian’s written consent before getting married, while those aged 18 and older do not need any parental consent. The couple must also obtain a marriage license from a South Carolina probate court before their marriage ceremony. There is no residency requirement to apply for this license; couples may receive and use one in any location within the state, and these marriage licenses are also available to out-of-state individuals looking to get married in South Carolina. Be aware that bigamy is prohibited in South Carolina; as such, anyone currently married cannot obtain a marriage license without first legally dissolving the previous marriage. Marriages between close relatives are also prohibited. 

South Carolina imposes a 24-hour waiting period between applying for a marriage license and when it can be issued. Once issued, the license is valid for six months (this timeframe may vary in some counties) and can only be used in the state. The wedding officiant is also expected to complete the marriage license after the ceremony and return it to the probate court for recording and filing within 15 days. Thousands of marriages are recorded in South Carolina annually – it is estimated that over 34,500 wedding ceremonies were held across the state in 2023 alone.   

South Carolina marriage records are managed locally by the respective county probate courts where the marriage license was issued. The South Carolina Department of Public Health's Vital Records Office also maintains copies of some of these records at the state level. At the same time, marriage records are generally considered public information and can be accessed by anyone, certified copies of marriage certificates are typically restricted to the individuals named in the record or their immediate family members.   

What are Marriage Records?

South Carolina marriage records are official documents that provide details about marriages in the state. These records are created and maintained by the county probate courts; the state's Department of Public Health also maintains a statewide repository for marriage records from July 1950 to December 2023. Two main types of marriage records are generated in the state: marriage licenses and marriage certificates. Marriage licenses are documents issued before a wedding ceremony that authorize the marriage. In contrast, marriage certificates are documents issued after the wedding ceremony that serve as official proof of the marriage. 

South Carolina marriage records are typically used for various purposes, such as

  • Proving a marriage for legal matters like name changes, accessing spousal benefits, immigration processes, child custody, or inheritance rights
  • Conducting historical research into and compiling data on social, cultural, and demographic trends in South Carolina
  • Tracing family histories, establishing lineage, and other genealogical research activities

The specific information included in these records can vary slightly depending on where and when the record was created. Nonetheless, they typically contain information like the full names of the couple, the date and location of the marriage ceremony, the marriage officiant's name, and the county where the marriage license was issued. Additional details may include the names of the couple’s parents, the couple’s age at the time of their marriage, and information on previous marriages. South Carolina marriage records are considered public records and may be viewed and inspected by anyone; however, certified copies of marriage certificates are typically only issued to the couple named on the record and their immediate family.  

Marriages in South Carolina

In 2022, South Carolina’s marriage rate stood at 6.5 marriages per 1,000 residents. This rate is slightly above the national average, which was 6.2 marriages per 1,000 residents in the same year, and maintains the increased marriage rates noticed in the state post-pandemic. However, divorce rates have also increased since 2020, standing at 2.4 divorces per 1,000 inhabitants in 2022, the same as the national average. 

According to the U.S. Census Bureau, men have a higher marriage rate compared to women, with 50.2% of South Carolinian men married and not separated versus 45.6% of women. However, more men (35.2%) have also never been married compared to women (30.3%) – divorces and separations were also higher among the women. Marital status in South Carolina also varies significantly by race, with data showing that the Asian and White populations had the highest marriage rates compared to the other demographics - black and mixed-race residents were also more likely never to have been married. 

To enter into a valid marriage in South Carolina, both parties must be mentally competent, cannot be close blood relatives, and must be at least 16 years old. Bigamy (the act of marrying one person while still legally married to another) is also prohibited, and marriages where one of the parties has a living spouse from a previous marriage are considered void. However, exceptions are made if the previous spouse has been absent for at least five years and the other party did not know if they were dead or alive during this time. Note that individuals legally divorced from their spouses may enter into a new marriage. 

Before a marriage can legally occur, the couple must first obtain a marriage license from a county probate court. South Carolina does not have residency requirements; couples may apply for this license in any location and do not have to use them in the same county. While some counties may offer online options for initiating the license application process, it usually has to be completed in person. Applicants typically have to provide proof of their age (this is not usually required for individuals 25 years and older) and any additional documents that the court may deem necessary. Individuals aged 16 and 17 who live with a parent or guardian must also provide a signed affidavit from the parent or guardian giving consent to the marriage.

There is a mandatory 24-hour waiting period after an application is (correctly) submitted before the license will be issued. Blood tests and physical examinations are not required to obtain marriage licenses in South Carolina. Nonetheless, couples are typically given family planning information (provided by the Department of Public Health) and the "South Carolina Family Respect" pamphlet (published by the Governor's office) when they apply for their license. The cost of obtaining a marriage license in South Carolina varies by county; however, couples who successfully complete a qualifying premarital preparation course are entitled to a one-time, non-refundable $50 state income tax credit. Be aware that the course must be conducted by a licensed professional counselor or an active clergy member and include a minimum of six hours of instruction to qualify for this tax credit. 

South Carolina marriage licenses are generally valid for six months, but this validity period may vary (licenses issued by some counties may not even have expiration dates). Note that only the following individuals are authorized to perform marriage ceremonies in the state:

  • Ministers of the Gospel
  • Jewish rabbis
  • Officer authorized to administer oaths under South Carolina law
  • The chief or spiritual leader of a Native American Indian entity recognized by the South Carolina Commission for Minority Affairs

Witnesses are not required for marriage ceremonies in South Carolina. Once the marriage ceremony is performed, the officiant must complete the marriage license in triplicate. One copy is given to the couple (and can be used for legal purposes), while the other two copies must be returned to the probate court that issued the marriage license within 15 days for recording and indexing.

South Carolina Marriage Certificate

South Carolina marriage certificates are official documents issued by county probate courts that record the essential details of the marriages conducted in the state, including the names of the couple, the date of marriage, the location of the ceremony, and the marriage officiant’s name. After a wedding, the officiant is required to complete three copies of the marriage license and return two copies to the probate court that issued it within 15 days (the third copy is given to the couple after the ceremony). The court then uses the returned license to generate and record a marriage certificate and sends a copy to the Department of Public Health’s Vital Records Office (this must also be done within 15 days). 

The probate court may also provide certified copies of the marriage license and certificate to interested parties upon request. Copies of these marriages can also be obtained from the South Carolina Department of Public Health.   

How To Find and Access South Carolina Marriage Records

The South Carolina Department of Public Health maintains records of marriages between July 1950 and December 2023 – copies of these records can be accessed through the department’s Vital Records Office. It should be noted that even though marriage records are generally open to members of the public, certified copies of marriage certificates may only be obtained by:

  • The couple named on the record
  • Their adult children
  • A current or former spouse of either person named on the record
  • The legal representatives of either person named on the record

Anyone else who requests these records may be issued a statement confirming the marriage – this statement will include the marriage date and the county where the license was issued. 

Additionally, individuals looking to access marriage records (especially for marriages that occurred before July 1950 or after December 2023) may do so by contacting the probate court that issued the original marriage license.

Accessing South Carolina Marriage Records Online

The South Carolina Department of Public Health partners with a third-party service to provide online access to certified copies of marriage records – this service provider receives the order and facilitates the delivery of the requested documents on behalf of the department. Requesters will have to pay a non-refundable expedited $17 searching fee, which covers the cost of one copy of the certified marriage certificate if it is located. An additional $3 fee applies to each extra copy requested, plus a $12.85 processing fee (for the third-party provider) and shipping charges, where applicable. 

Some South Carolina counties may also offer online access to marriage records in their custody through their probate court websites (or third-party service providers). The process for accessing marriage records at the county level varies; as such, it is advisable to reach out directly to the county probate court that originally issued the marriage license to determine their specific requirements and fees.  

Accessing South Carolina Marriage Records Offline

Interested parties can access South Carolina marriage records by visiting the county probate court where the marriage license for the required records was originally issued. While the specifics may vary, the process generally involves submitting a request form, providing a valid ID, and paying all stipulated fees. Many counties also offer a mail-in option for submitting the request form and other necessary documentation. 

Certified copies of marriage certificates (from July 1950 – December 2023) can also be obtained by submitting a completed Vital Records Marriage/Divorce Application Form in person at the South Carolina Department of Public Health’s Vital Records Office at

2600 Bull Street

Columbia, SC 29201

Phone: (803) 898-3630

Hours: 8:30 a.m. - 5:00 p.m., Mondays to Fridays 

The completed form may also be mailed to the department at

Vital Records Section

P.O. Box 2046

West Columbia, SC 29171

Requesters must provide a valid ID and pay a standard $12 non-refundable search fee (for mail-in and drop-off requests) or a $17 non-refundable expedited searching fee (for in-person and expedited drop-off requests). This fee covers the cost of one copy of the record; there is a $3 for each additional copy requested.

 

References

  1. South Carolina Code of Laws Unannotated 
  2. South Carolina Department of Public Health 
  3. South Carolina Judicial Branch 
  4. Lexington County Probate Court 
  5. Spartanburg County Probate Court 
  6. Greenville County Probate Court 
  7. Charleston County Marriage License Division
  8. South Carolina Appleseed Legal Justice Center 
  9. U.S. Census Bureau 
  10. Statistical Atlas 
  11. CDC/National Center for Health Statistics
  12. The Wedding Report Inc.
  13. Universal Life Church 

Counties in South Carolina