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socrateaser
socrateaser, Lawyer
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Experience:  Retired (mostly)
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Lets say in a drunken haze drove to Dillon,S.C., got married,

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Let's say in a drunken haze drove to Dillon,S.C., got married, realized the next day, stupid. Left the state never changed name, realize yrs late, still married?
Submitted: 1 year ago.
Category: Legal
Expert:  socrateaser replied 1 year ago.
Hello,

In which year did this marriage occur?

Did you ever live together as husband and wife?

Did the officiant of the ceremony file the marriage license with the county clerk in the state where the license was issued?

Thanks in advance.
Customer: replied 1 year ago.
Not sure of the year, somewhere in the mid nineties, never lived as husband and wife, one of those quickie marriage chapels in Dillon, S.C. Don't know. Does this help?
Expert:  socrateaser replied 1 year ago.
In South Carolina, a common law marriage is formed when two parties have a present intent to enter into a marriage contract. Id. "It is essential to a common law marriage that there shall be a mutual agreement between the parties to assume toward each other the relation of husband and wife." Johnson v. Johnson, 235 S.C. 542, 550, 112 S.E.2d 647, 651 (1960).

The point is that it's possible to get married in South Carolina without obtaining a marriage license. In North Carolina, a license must be procured from the county clerk, even if the marriage is conducted in a different jurisdiction (such as, SC).

So, here's reality:

1. If you actually obtained a marriage license from either the South Carolina or North Carolina county clerk, and the marriage officiant signed the license and submitted it to the proper county authority, then you are legally married.

2. Otherwise, even though you may have had a ceremony, your drunken state probably would impair your intent to marry, consequently the ceremony was invalid and you're not married.

BotXXXXX XXXXXne, check with the county clerk where you obtained the license, if you obtained one, and if there a copy signed by the marriage officiant, then you're married -- otherwise you're not.

Hope this helps.
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 34174
Experience: Retired (mostly)
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