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South Carolina Marriage License & Wedding Laws 101

Planning your South Carolina wedding and feeling a bit confused about the legal side of things? Don’t worry – we’ve got you covered with a friendly rundown of Marriage License & Wedding Laws 101 for the Palmetto State. Consider this your cheat sheet to all the not-so-glamorous (but super important) details like getting your marriage license, who can officiate, and state-specific rules. We’ll keep it casual and clear, so you can check these to-dos off your list and get back to the fun stuff (like cake tasting!).

Getting Married in South Carolina

Getting Your Marriage License in South Carolina Every wedding starts with a marriage license – it’s the document that makes your marriage legal. In SC, the process is straightforward, but there are key points to know:

Where to Apply: Marriage licenses are issued at the Probate Court of any South Carolina county. You can go to any county’s probate office; it doesn’t have to be the county where you’ll hold your ceremony. The license is valid statewide.

In-Person vs. Online: Some counties now offer online applications. Others still require you to apply in person. It’s best to visit the county’s official website or call ahead to check their procedure. Generally, both parties must apply together (if in person).

Required Documents: Bring a valid photo ID (driver’s license, passport, or state ID) and know your Social Security number. You do not need a blood test. If either of you has been divorced or widowed, it’s smart to have documentation (like a divorce decree or death certificate), though it may not always be required; some counties ask, some don’t.

Waiting Period: SC has a mandatory 24-hour waiting period between applying for the license and when you can pick it up. This means no same-day marriages. Pro tip: apply for your license about 1 month before the wedding to avoid any timing issues. The license doesn’t expire for six months (in most counties), so you have a nice window.

Fees: The cost for a marriage license in SC varies by county, but it’s usually around $50 or less. Some counties accept cash or card, while others may have restrictions. Some counties discount the fee if you’ve completed premarital counseling.

The License Itself: When you receive your license, it usually comes as a set of multiple copies (often 3). You do not sign it when you pick it up – the signing happens after your ceremony. The officiant, and sometimes the newlyweds, will sign after you marry, and then the signed license is returned to Probate Court for filing. Many SC probate courts will give you a certified copy on the spot or mail you one. That certified copy is what you’ll use to change your name on your license, passport, etc., if you choose to.

Wedding Age Requirements & Parental Consent in South Carolina

Let’s talk age. In South Carolina:

  • If you’re 18 or older, you can marry without parental consent.
  • If you’re 16 or 17, you can get married with a parent or legal guardian’s consent. Both of your parents (or whoever has legal custody) must sign a notarized consent form in front of the probate judge or provide a sworn affidavit.
  • Under 16 – nope. South Carolina law prohibits issuing a marriage license if either party is under 16, even with parental consent.

Fun fact: In July 2019, South Carolina formally abolished common-law marriage going forward. SC recognized these if they occurred before July 24, 2019, but you can no longer start a common-law marriage after that date. So, bottom line – to be married in SC now, you need that license and an official ceremony.

Who Can Officiate a Wedding in SC?

This is a biggie: getting someone to perform the ceremony and make it legal. South Carolina has some of the country’s more flexible rules on officiants. According to SC law, the following can officiate:

  • Ordained ministers or clergy from any religion. This includes priests, rabbis, imams, ordained pastors, or even online-ordained ministers.
  • Notaries Public! Yes, SC is one of a few states that explicitly allow notary publics to solemnize marriages.
  • Judges – specifically, a South Carolina probate judge or magistrate may officiate, though not all offer this service for private weddings.
  • Officiants from other states: If you have a minister or officiant friend coming from out-of-state, that’s okay. As long as they are authorized to perform marriages somewhere, SC will recognize the ceremony.

After the ceremony, the officiant will complete the marriage license (their signature, title, and usually the date and location of the wedding) and return it to the Probate Court that issued it. Often, you as the couple can handle dropping it off or mailing it back. It’s critical this gets done so your marriage is officially recorded. If you haven’t received a certified marriage certificate a few weeks after the wedding, follow up with the Probate Court.

Other SC Wedding Laws & Customs

  • Witnesses: South Carolina does not require wedding witnesses. Your officiant’s signature on the license is sufficient. Spaces for witness signatures are optional.
  • Previous Marriages: If you or your partner were previously married, ensure that marriage is legally ended before applying for a new license. South Carolina has a 90-day waiting period after a divorce is final before you can remarry if the divorce was granted in SC.
  • Cousin Marriage and Other Restrictions: South Carolina allows marriage between first cousins. You cannot marry close blood relatives like a sibling, parent, or aunt/uncle.
  • Name Change: After marriage, you can use your certified marriage certificate to update documents like your Social Security card, driver’s license, and passport.
  • Fun Tradition – Marriage Ceremony Customs: You might encounter Southern wedding customs like burying a bottle of bourbon to ward off rain. These aren’t legal requirements but fun traditions.

Quick Recap Checklist ✅ Apply for license at least several days (preferably a few weeks) before the wedding. Both of you, IDs in hand, 24-hour wait, pay fee.
✅ Check age and consent: 18+ free to marry; 16-17 need parent consent; under 16 cannot marry.
✅ Arrange an officiant: Minister, notary, or other authorized person.
✅ No witnesses required, but optional.
✅ Post-ceremony: Sign the license, return it to Probate Court.
✅ Name change (if desired): Use marriage certificate to update documents.

Once you handle those items, you’ve navigated the legal maze! 🎉 South Carolina makes the legal part relatively painless so you can focus on what matters – the marriage.

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