To get a marriage license in South Carolina, both of you go together to the Probate Court in a county where one of you lives or where the wedding will happen, show photo ID, fill out the application under oath, pay the county’s fee, and wait 24 hours before the license is handed over.1South Carolina Legislature. South Carolina Code Title 20 Chapter 1 – Section 20-1-220 No ceremony can be performed until the license is physically in hand.2South Carolina Legislature. South Carolina Code Title 20 Chapter 1 – Section 20-1-210
Where To Apply and What To Bring
Apply at the Probate Court in the county where either applicant resides or where the ceremony will take place. Both parties have to show up in person and sign the application under oath. Charleston County offers a virtual option called LOVE for couples who cannot visit in person, but in most counties there is no mail or online substitute for appearing together.3Charleston County Government. Marriage License Division
Each of you brings a valid government-issued photo ID: driver’s license, state ID, military ID, or current passport.4Spartanburg County. Marriage License Requirements If your ID does not show a date of birth, the court may ask for a certified birth certificate. The application itself collects full legal names, Social Security numbers, dates of birth, and both parents’ names and birthplaces.1South Carolina Legislature. South Carolina Code Title 20 Chapter 1 – Section 20-1-220
Resident aliens can give an alien identification number in place of a Social Security number.1South Carolina Legislature. South Carolina Code Title 20 Chapter 1 – Section 20-1-220 If you have neither, call the Probate Court before you go; the alternatives are set county by county.
Age Rules
You must be at least 16. A marriage involving anyone under 16 is void.5South Carolina Legislature. South Carolina Code Title 20 Chapter 1 – Section 20-1-100 Applicants who are 16 or 17 need to bring a certified birth certificate and a sworn affidavit of consent signed by a parent, legal guardian, or other relative.4Spartanburg County. Marriage License Requirements At 18 and older, no parental consent is required.
How Much It Costs
Each county sets its own fee. Spartanburg County charges a flat $80.4Spartanburg County. Marriage License Requirements Horry County charges $55 for county residents, $80 for other South Carolina residents, and $120 for out-of-state applicants.6Horry County SC.Gov. Marriage License Most counties land somewhere in the $50 to $120 range. Some courts take cash only, so check accepted payment methods before you go.
The 24-Hour Waiting Period
South Carolina requires 24 hours between the time your application is filed and the time the license can be issued.1South Carolina Legislature. South Carolina Code Title 20 Chapter 1 – Section 20-1-220 The license itself records both the hour of application and the hour of issuance, so there is no shortcut on the clock. At least one county states plainly that the wait has no exceptions and cannot be waived.4Spartanburg County. Marriage License Requirements For a weekend wedding, apply no later than the day before and leave yourself a buffer. The license stays with the court until you return to pick it up.
How Long the License Is Good For
Once issued, a South Carolina marriage license does not expire.4Spartanburg County. Marriage License Requirements If the wedding is postponed by months or years, the same license is still good. The one firm limit is place: a South Carolina license covers ceremonies performed in South Carolina only. If you move the wedding to another state, you need to start over there.
Who Can Legally Perform the Ceremony
State law allows only four categories of officiants:7South Carolina Legislature. South Carolina Code Title 20 Chapter 1 – Section 20-1-20
- Ministers of the Gospel, meaning ordained clergy of any Christian denomination.
- Jewish rabbis.
- Officers authorized to administer oaths, including notaries public, judges, and magistrates.
- The chief or spiritual leader of a Native American entity recognized by the South Carolina Commission for Minority Affairs.
The notary option often catches couples by surprise. Because notaries can administer oaths under South Carolina law, they can perform marriages, which makes a commissioned notary a common choice for courthouse weddings and small private ceremonies.8South Carolina Secretary of State. Notary Public Reference Manual
After the Ceremony: Returning the License
The license is issued in three identical copies, and all three are handed to you at pickup. Give all three to your officiant before the ceremony.9South Carolina Legislature. South Carolina Code Title 20 Chapter 1 – Section 20-1-330 After the wedding, the officiant fills in the ceremony date and location on all three. One copy stays with you as your proof of marriage. The other two go back to the Probate Court that issued the license, one for the court’s permanent record and one that the court forwards to the South Carolina Department of Health and Environmental Control.
The officiant has 15 days from the ceremony to return the two copies to the Probate Court.9South Carolina Legislature. South Carolina Code Title 20 Chapter 1 – Section 20-1-330 If the officiant does not, the couple can return them. Missing the deadline will not void your marriage, but it can hold up name changes, insurance enrollment, tax filing, and anything else that depends on a recorded marriage. If a friend got ordained or commissioned for the occasion, check in with them within a few days to confirm the paperwork went back.
Common-Law Marriage Is No Longer an Option
South Carolina used to recognize common-law marriage, but the state Supreme Court ended it in Stone v. Thompson. No new common-law marriage can be formed in South Carolina after July 24, 2019. Common-law marriages that were validly established before that date still stand. For anyone getting together after the cutoff, a license through the Probate Court is the only route to a legally recognized marriage in the state.