Are South Carolina Marriage Records Public?
No, South Carolina marriage records are not public records. Access to these records is restricted to the couples named on the documents and their adult offspring, ex-spouses, and legal counsels. Family court documents such as marriage and divorce records contain the personal information of those involved. Because of this, such records may be more difficult to locate and may not be available through government sources or third-party public record websites.
How to Find South Carolina Marriage Records
South Carolina marriage records contain information about marriages and other marital unions approved and contracted in the state. Various state and local offices register, file, and maintain these records. The County Probate Courts primarily manage South Carolina marriage records. However, records of marriages documented between July 1950 and December 2012 are available at the South Carolina Department of Health and Environmental Control.
How to Find Out if Someone is Married in South Carolina
Members of the public can find out if someone is married in South Carolina by contacting the county clerk’s office or the vital records department in the county where the marriage occurred. Both offices typically maintain records of marriage licenses, marriage certificates, and divorce decrees of persons within their judicial district. Alternatively, inquirers may search public records online through government-owned or private databases for details of a marriage and/or divorce in the name of the individual. However, most of these resources require that the requester present some information to facilitate the search and, in some cases, pay a one-time search fee and/or purchase a subscription to use their database.
What is Considered a Marriage Record in South Carolina?
Marriage records in South Carolina are official documents created during the approval processes of marital unions in the state. South Carolina recognizes two types of marriage records: marriage licenses and certificates. Both records provide the following information:
- Identities of the parties involved in the recorded unions
- Where the unions occurred
- When the recorded marriages occurred
Both government websites and organizations may offer divorce and marriage records. Similarly, third-party, public record websites can also provide these types of records. But because third-party organizations are not operated or sponsored by the government, record availability may vary. Further, marriage and divorce records are considered highly private and are often sealed, meaning the availability of these types of records cannot be guaranteed.
How to Change Your Name After Marriage in South Carolina
Parties who wish to change their name after marriage in South Carolina must first locate their marriage license. Typically, the wedding officiant submits a marriage license after the wedding ceremony, and the party will receive a marriage certificate in return.
After marriage, parties must register the new name with the Social Security Administration (SSA). The party can contact a local SSA office nearby to apply for a new social security card. They must fill out form-SS5 and provide the following documents:
- A valid means of identification
- A copy of their marriage certificate
Once parties receive their new social security card, the next step is to notify other official authorities, like the South Carolina Department of Motor Vehicles. The party should visit any local South Carolina DMV office near them, complete an SCDMV Form 4057, and provide a copy of their marriage license. Under South Carolina law, interested parties can only update their driver's licenses after 48 hours of SSA name change approval.
What is Considered a Marriage Certificate in South Carolina?
South Carolina marriage certificates are vital records for couples when they are married. While the purpose of a marriage license is approved, a marriage certificate provides proof of the legal union between a man and a woman. This document remains valid as long as both parties remain married.
South Carolina marriage certificates are usually printed on thick security papers with declarations that the persons named in the records are married before the state’s probate court judges. They are typically required during legal name changes. Couples may also require these documents when applying for loans, opening joint bank accounts, and completing citizenship requirements.
How Do I Obtain a Copy of My Marriage Certificate in South Carolina?
Make a marriage certificate request by visiting or sending a mail-in request to the County Probate Court where the marriage license was issued. South Carolina marriage certificates recorded between July 1950, and December 2012 can also be obtained from the State Department of Health and Environmental Control.
In-person:
Visit the probate court with relevant details about the record of interest. Please provide the full names of both spouses as they appear on the record, the date of marriage, and the county the marriage occurred. Bring along all required documents and applicable fees. South Carolina charges $12 for the first copy of a marriage certificate. Each additional copy of the same record ordered simultaneously costs $3. Acceptable payment methods are cash, check money order, and credit/debit cards. Bring the request, photo ID, and complete fee to the particular probate court during business hours.
To speed up processing time, print and complete the marriage section of the Vital Records Request Form before visiting the DHEC State Vital Records Office located at:
2600 Bull Street
Columbia, SC 29201
By Mail:
Contact the probate court of interest to ask if they offer mail-in services. Where applicable, send a written request to the particular Probate Court where the marriage license was issued. The application must include all relevant details and a copy of the requester’s government-issued photo ID. Ensure to include applicable fees paid by check or money order and a self-addressed stamped envelope in the request.
The state office also accepts mail-in requests. Print and complete the Marriage Records Section of the Vital Records Request Form and then send it along with applicable fees, ID, and self-addressed envelope to:
DHEC Vital Records
2600 Bull Street
Columbia, SC 29201
The first copy of the marriage certificate costs $12. Each additional copy costs $3. Pay the fee by check or money order.
What is Considered a Marriage License in South Carolina?
Marriage licenses in South Carolina are official documents needed to get married in the state. These documents prove that applicants are of marriage age and have satisfied all state requirements to enter marital unions. A marriage license lists the names of both individuals intending to be married and includes a statement declaring them eligible to be married. Where applicable, these licenses also state the number of times either party has been married in the past and the nature in which the marriages ended (divorces/death of spouses).
South Carolina Formal Marriage Licenses
Before performing formal marriage ceremonies, prospective couples must obtain marriage licenses. The State of South Carolina does not offer different types of marriage licenses for ceremonial marriages and silent marital rites. This means marriage is valid if a marriage license was obtained and the couple exchanged vows before a probate judge or authorized ministers. Where and how the marriage will be performed is the sole choice of the couple. South Carolina marriage licenses do not have expiration dates and can be used anywhere within the state’s borders. Applicants will need to meet specific parameters to obtain marriage licenses. Both parties must be adults and not related by blood. They do not need to be residents of the state or to pass blood tests and physical examinations. Minors between 16 and 17 years are allowed after receiving parental consent. Usually, there is a 24-hour waiting period before a marriage license can be released for use.
South Carolina Common Law Marriage Licenses
A marriage license is unnecessary for a common-law marriage to be legally authorized in the state. A common law marriage is a form where the two people involved consensually agree to be regarded as a couple. No formal framework, such as a license or certificate, supports this form of marriage. Effective July 2019, common-law marriages were abolished and no longer allowed in South Carolina. However, persons in common-law marriages before this date are still considered married by law.
How Do I Get a Marriage License in South Carolina?
An intending couple can obtain a marriage license from their preferred County Probate Court by following these steps:
- Prepare a written application containing the full names, social security numbers/alien identification numbers, ages at last birthday, and both parties' places of residence
- Provide government-issued photo IDs such as driver’s license, passport, etc
- Provide proof of age, such as a birth certificate
- Provide the social security cards of Spouse A and Spouse B (applicable in some counties)
- Visit the probate court located in the county of choice (both parties must be present)
- Sign and notarize the written request in front of a county probate judge
- Pay applicable fees (varies from one county to another)
- Wait for 24 hours and then re-visit the office to pick up the license
Minors between 16 and 17 years old must attach original/certified copies of their birth certificates and written applications. They must also visit the probate courts with their parents or legal guardians to sign forms consenting to the marriage. These consenting parents will also be required to provide their proof of identification.
Parties that have been married in the past are usually required to provide copies of their divorce certificates.
Are Prenups a Public Record in South Carolina?
No, prenuptial agreements in South Carolina are not a matter of public record. The only way that someone can view the contents of a prenup is if both parties agree to make it available or if a court orders its disclosure.
