To get married in South Carolina, you need a marriage license from a county Probate Court. The South Carolina marriage license requirements are straightforward: both people must apply together in person, show ID and a Social Security number, pay the county fee, and wait 24 hours before the license is issued. There is no blood test, no residency rule, and once you have the license it never expires, though the ceremony itself has to take place inside South Carolina.
Who Can Get a Marriage License
Anyone 18 or older can marry without anyone else’s permission, as long as they are mentally competent and the marriage is not prohibited by statute.1South Carolina Legislature. South Carolina Code 20-1-10 – Persons Who May Contract Matrimony Applicants who are 16 or 17 need a sworn, signed affidavit of consent from a parent, guardian, or other relative they live with, and must bring a certified birth certificate.2South Carolina Legislature. South Carolina Code 20-1-250 – Applicants Under Age of Consent, Consent of Relative or Guardian No one under 16 can marry at all; any such marriage is void.3South Carolina Legislature. South Carolina Code 20-1-100 – Minimum Age for Valid Marriage
State law also prohibits marriages between close relatives, including parents and children, siblings, grandparents and grandchildren, aunts or uncles and nieces or nephews, and stepparents and stepchildren. These marriages are void from the start.1South Carolina Legislature. South Carolina Code 20-1-10 – Persons Who May Contract Matrimony Same-sex couples are issued licenses without restriction; the older statutory language barring those marriages is unenforceable under Obergefell v. Hodges.
You Do Not Have to Live in South Carolina
Neither applicant has to be a South Carolina resident. You can apply at the Probate Court in any county regardless of where you live. The one geographic rule is that the wedding ceremony has to take place within the state; a South Carolina license is not valid for a ceremony performed anywhere else.4South Carolina Legislature. South Carolina Code 20-1-210 – License Required for Marriage Out-of-state applicants generally pay a higher fee than county residents.
What to Bring to the Probate Court
Both applicants have to appear together. Each person needs identification that proves their age. Acceptable forms generally include a valid driver’s license, state-issued ID, current passport, certified birth certificate, or military ID.5Charleston County Probate Court. Marriage License Instructions
You also need to provide a Social Security number. A Social Security card works, as does any other document that displays the number, such as a W-2 or tax record. Non-citizen residents without a Social Security number must provide an alien identification number instead.6South Carolina Legislature. South Carolina Code 20-1-220 – Written Application Required Twenty-Four Hours Prior to Issuance of License
Applicants who are 16 or 17 need a certified birth certificate plus a notarized letter of consent. A driver’s license alone is not enough for minors.
How Much a Marriage License Costs
Fees are set at the county level and typically run between $50 and $120. Most counties charge less for local residents and more for people from outside the county or state. Two examples show the pattern:
- Beaufort County charges $50 for county residents, $75 for other South Carolina residents, and $95 for out-of-state applicants.7Beaufort County South Carolina. Beaufort County Probate Court – Court Fees
- Horry County charges $55 for county residents, $80 for other in-state residents, and $120 for out-of-state applicants, each of which includes a $5 certified marriage certificate.8Horry County SC.Gov. Marriage License
Many Probate Courts require cash, often in exact change, so call ahead or check the county website before you go. Active-duty military personnel are generally treated as residents of the county where their installation is located.7Beaufort County South Carolina. Beaufort County Probate Court – Court Fees
The 24-Hour Waiting Period
After you file the written application, state law imposes a mandatory 24-hour wait before the Probate Court can issue the license.6South Carolina Legislature. South Carolina Code 20-1-220 – Written Application Required Twenty-Four Hours Prior to Issuance of License You cannot apply and walk out with the license the same day.
How you get the license after the wait depends on the county. Some handle the whole process online and mail the license to you; Dorchester County, for example, does not require a courthouse visit at all.9Dorchester County, SC website. Marriage License Division Others require at least one applicant to return in person. One detail that trips people up: in Darlington and Georgetown counties, the clerk of court issues marriage licenses rather than the Probate Court.6South Carolina Legislature. South Carolina Code 20-1-220 – Written Application Required Twenty-Four Hours Prior to Issuance of License
The License Does Not Expire
Once issued, a South Carolina marriage license has no expiration date.8Horry County SC.Gov. Marriage License You can hold it for weeks or months without reapplying, which is unusual compared to states that impose 30-, 60-, or 90-day windows. The ceremony itself still has to happen in South Carolina.
Who Can Perform the Ceremony
South Carolina law limits legal officiants to four categories: ministers of the Gospel (ordained or licensed clergy of any Christian denomination), Jewish rabbis, officers authorized to administer oaths (notaries public, judges, and magistrates), and the chief or spiritual leader of a Native American Indian entity recognized by the South Carolina Commission for Minority Affairs.10South Carolina Legislature. South Carolina Code 20-1-20 – Persons Who May Perform Marriage Ceremony
You have to hand the license to the officiant before the ceremony. An officiant who performs a marriage without first receiving the license faces a fine of $25 to $100 or 10 to 30 days in jail.4South Carolina Legislature. South Carolina Code 20-1-210 – License Required for Marriage If you plan to use a friend who was ordained online, confirm their ordination qualifies them as a minister of the Gospel under South Carolina law, or have a notary public co-officiate.
Returning the License After the Wedding
The license is issued in three copies. After the ceremony the officiant fills out all three, gives one to the couple, and returns the other two to the Probate Court or clerk of court that issued the license within 15 days.11South Carolina Legislature. South Carolina Code of Laws Title 20 Chapter 1 – Marriage – Section 20-1-330 The Probate Court then records the marriage and sends one copy to the Division of Vital Statistics at the Department of Public Health within another 15 days.12South Carolina Legislature. South Carolina Code 20-1-340 – Record of License and Certificate Kept by Probate Judge or Clerk of Court If the officiant is slow returning the paperwork, follow up; a delayed filing can cause problems when you need to prove marital status for insurance, taxes, or a name change.
For certified copies of the marriage certificate, marriages from 2024 onward are handled by the Probate Court in the county where the license was issued. The state’s Vital Records office in Columbia holds records only for marriages between July 1950 and December 2023.13South Carolina Department of Public Health. Marriage Certificates
Common Law Marriage Is No Longer an Option
South Carolina recognized common law marriage for most of its history, but the state Supreme Court ended that in Stone v. Thompson, decided July 24, 2019. From that date forward, no one can enter a valid marriage in South Carolina without a license.14Justia. Stone v Thompson – 2019 – South Carolina Supreme Court Decisions Common law marriages validly established before that date remain recognized, but a license is the only route to a legally recognized marriage in South Carolina today.