Married in South Carolina
You may wonder the reason why couples get married. Truth is, there is more than one reason they may do so. Hopefully the main reason is that they're in love and want to be together for the rest of their lives. When two people want to get married, they must make a decision on whether they wish to have a statutory or common law marriage. South Carolina is one of the few remaining states that still recognize common law marriages The differences between common law and statutory marriages are based on requirements. Common law marriages do not require a ceremony or a license. This type of marriage also requires that the two people reside together and must publicly represent themselves as being married. The couple can publicly represent themselves as married by filing joint tax returns, having a joint bank account, or list eachother as husband and wife on children's birth certificates. The only way to create a record of a common law marriage is to have two or more people who have knowledge of the couple's relationship file an affidavit in the county the marriage was contracted.
Unlike common law marriages, statutory marriages require a license and a ceremony. Statutory marriages are beneficial due to the fact that a record of the union is created, which may become helpful if there is a death or divorce. South Carolina law recognizes marriage as an economic partnership. Usually, assets acquired during the marriage belong to both the husband and wife.
If you are interested in a common law marriage instead of statutory, you must take steps to protect yourself in case the union ends due to death or divorce. You must have the affidavits filed and you must always keep a record of personal documents and anything that has both spouses' name on the documents. If your marriage, common law or statutory, is ending in divorce, it may be in your best interests to hire a family law attorney to give you the advice or assistance you may need to get through this difficult time.
If you or someone you know is terminating their marriage, contact one of the Myrtle Beach family law attorneys at The Mace Firm.
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