Getting Married in SC: License, Wait Period, and Costs

Getting married in South Carolina takes three things: a marriage license from any county’s Probate Court, a mandatory 24-hour wait after you apply, and a ceremony performed by an officiant the state recognizes. There are no blood tests, no witness requirement, and once the license is issued it never expires.

Who Can Legally Marry

If you are 18 or older, you can marry on your own. Applicants who are 16 or 17 need a sworn affidavit of consent from a parent, another relative they live with, or a legal guardian before the Probate Court will issue a license.¹ Anyone under 16 cannot legally marry, and any such marriage is void.²

South Carolina also prohibits marriage between close relatives, including parents and children, siblings, grandparents and grandchildren, aunts or uncles with nieces or nephews, and stepparents with stepchildren.³ A person who is mentally incompetent cannot enter a marriage either.

One point that surprises people: common-law marriage is no longer available in South Carolina. The state Supreme Court abolished it in the 2019 Stone v. Thompson decision. Common-law marriages formed before that date are still valid, but every couple marrying now needs a license and a ceremony.⁴

Applying for the License

You apply at the Probate Court in any South Carolina county, not just the one where you live or plan to marry. Most counties require both parties to appear in person, though a few, including Charleston County with its “Live Online Virtual E-Application” (LOVE) portal, allow you to start online.

Plan on bringing at least two forms of ID. In most counties that means your Social Security card plus a government-issued photo ID such as a driver’s license, state ID, or passport.⁵ Some counties accept a birth certificate in place of a photo ID for applicants between 18 and 25.⁶ State law requires both applicants to provide a Social Security number on the application; resident aliens without one use an alien identification number instead.⁷

If either of you was married before, expect to give details about how it ended, whether by the former spouse’s death or a final divorce decree. The application also puts both parties under oath as to their full name, age, residence, and legal right to marry.⁸ Documents in a foreign language should come with a certified English translation including the translator’s signed affidavit; call the Probate Court ahead of time to confirm their specific requirements.

The 24-Hour Wait and What It Costs

After you submit the application, state law imposes a mandatory 24-hour waiting period before the court can hand you the license.⁷ You cannot apply and marry on the same day. Either party can pick up the license once the waiting period ends, and because the license does not expire, you can hold the ceremony whenever you are ready.⁹

Fees vary by county and by where you live. Residents of the issuing county usually pay the least, and out-of-state applicants pay the most. Across the state, expect somewhere in the $50 to $120 range:

Beaufort County: $50 for county residents, $75 for other South Carolina residents, $95 for out-of-state applicants.¹⁰
Horry County: $55 for county residents, $80 for other South Carolina residents, $120 for out-of-state applicants.¹¹
Charleston County: $70 flat fee.¹²

Planning a destination wedding? Build the non-resident fee into your budget.

The $50 Premarital Course Credit

South Carolina offers a one-time $50 state income tax credit to couples who complete a qualifying premarital preparation course before applying for a license. The course must run at least six hours, be completed together within the 12 months before you apply, and be taught by a licensed professional counselor or an active member of the clergy (or their trained designee). Your provider gives you a certificate of completion, which you present at the Probate Court so the credit can be noted on your license.⁸

Who Can Perform the Ceremony

South Carolina limits legal officiants more narrowly than many states. The statute authorizes:¹³

Ministers of the Gospel (ordained Christian clergy)
Jewish rabbis
Officers authorized to administer oaths, including judges, magistrates, and South Carolina notaries public
The chief or spiritual leader of a Native American Indian entity recognized by the South Carolina Commission for Minority Affairs

The state does not authorize online-ordained ministers unless they also qualify under one of the categories above, and couples using an online-ordained friend risk their ceremony not being legally recognized. A notary public can perform your ceremony for a maximum charge of $5 per notarial act, which makes it one of the cheapest legal options available.

Witnesses are not required. The officiant signs the license, and that is all the law demands. South Carolina has no provision for proxy marriages or video ceremonies, so both parties must be physically present.

Filing the License After the Ceremony

The license is issued in triplicate, and all three copies go to the officiant. After the ceremony the officiant fills them out, gives one copy to you, and returns the other two to the issuing Probate Court within 15 days.¹⁴ The officiant cannot charge extra for handling this paperwork.

Your marriage is legally valid even if the officiant misses the 15-day deadline, but the missing filing will cause real problems the first time you need a certified copy of the marriage certificate for a name change, a passport, or a benefits application. Follow up with your officiant within a week of the ceremony, and if you have any doubt, call the Probate Court to confirm they have your records.

Changing Your Name

The marriage certificate does not change your name for you. If you plan to take a new name, you update your records yourself, starting with Social Security and working outward.

File Form SS-5 with the Social Security Administration along with your certified marriage certificate and a current, unexpired photo ID.¹⁵ You can start online at ssa.gov, but original or certified documents must be submitted in person or by mail, and the SSA returns them. A new card typically arrives in 10 to 14 business days. Wait at least 48 hours before updating your name at the DMV so SSA records can sync.

For a passport, if your name change happens less than a year after your current passport was issued, submit Form DS-5504 by mail with the passport, certified marriage certificate, and a new photo. There is no fee unless you want expedited processing, which costs $60. If more than a year has passed, use Form DS-82 as a regular renewal with the standard fee.¹⁶

Once your new Social Security card arrives, take it and your marriage certificate to the South Carolina DMV for an updated driver’s license, then work through your bank, employer, insurance providers, and other accounts. Many institutions accept an updated driver’s license as proof of the change.

A Note on Prenuptial Agreements

South Carolina calls prenuptial agreements “antenuptial agreements.” To be valid, one must be in writing, signed by both parties, and notarized, with each party making a fair and reasonable disclosure of assets and debts. Courts can refuse to enforce an agreement that is unconscionable or was obtained through fraud or pressure. One firm limit: a prenuptial agreement cannot dictate child custody or child support, because courts decide those on the child’s best interests regardless of what a couple signed before the wedding.

Without a prenup, South Carolina’s default rules apply. It is an equitable distribution state, so a court divides marital property fairly (though not necessarily equally) in a divorce. If one spouse dies, the survivor can claim an “elective share” of one-third of the deceased spouse’s probate estate even if the will says otherwise.¹⁷

1
South Carolina Legislature. South Carolina Code of Laws Title 20 Chapter 1 – Marriage – Section 20-1-250
2
South Carolina Legislature. South Carolina Code 20-1-100 – Minimum Age for Valid Marriage
3
South Carolina Legislature. South Carolina Code 20-1-10 – Persons Who May Contract Matrimony
4
Justia. Stone v. Thompson
5
Kershaw County, SC. Marriage License – Section: Identification Requirements
6
Charleston County Probate Court. Charleston County Probate Court – Marriage License Instructions
7
South Carolina Legislature. South Carolina Code of Laws Title 20 Chapter 1 – Marriage – Section 20-1-220
8
South Carolina Legislature. South Carolina Code of Laws Title 20 Chapter 1 – Marriage – Section 20-1-230
9
Greenville County. Marriage License – Probate Court
10
Beaufort County South Carolina. Court Fees
11
Horry County SC.Gov. Marriage License
12
Charleston County Probate Court. Probate Court Fee Schedule
13
South Carolina Legislature. South Carolina Code of Laws Title 20 Chapter 1 – Marriage – Section 20-1-20
14
South Carolina Legislature. South Carolina Code of Laws Title 20 Chapter 1 – Marriage – Section 20-1-330
15
Social Security Administration. Application for Social Security Card
16
U.S. Department of State. Name Change for U.S. Passport or Correct a Printing or Data Error
17
South Carolina Legislature. South Carolina Code 62-2-201 – Right of Elective Share