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How do you prove cohabitation in SC?

The court may determine that a continued cohabitation exists if there is evidence that the supported spouse resides with another person in a romantic relationship for periods of less than ninety days and the two periodically separate in order to circumvent the ninety-day requirement.

Is cohabitation legal in South Carolina?

A cohabitation agreement, like any other legal document, is legally enforceable as long as the agreement is signed by both partners and witnessed. It is highly recommended that both partners receive independent legal advice before signing a cohabitation agreement.

How long do you have to live together for common law marriage in SC?

The parties must cohabitate for some period of time; however, there is NO time requirement of 7 years, as often wrongly believed.

Does SC honor common-law marriage?

You may or may not be surprised to know that YES, South Carolina does still recognize common law marriage. There is no difference between a common law marriage and a traditional marriage ceremony with a marriage license.

What is considered common-law marriage in SC?

In South Carolina, if you want a common-law marriage, both spouses need to be over the age of 16, have no existing marriages and cannot be relatives. Further, you will need to live together and agree to consider yourselves as spouses.

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