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Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
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Experience:  30 years of experience
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How do my fiance and i get married while hes incarcerated in

Customer Question

How do my fiance and i get married while hes incarcerated in a county jail? Hes been sentenced to 10 months federal time but will have to remain in county till either his state charges are dismissed or the bond gets paid.
Submitted: 1 year ago via USmarriagelaws.
Category: Legal
Expert:  Gerald, Esq replied 1 year ago.
Hello,
Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.
I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.
Can you tell me which state you are in. The laws differ by state.
Thank you.
Kind regards,
Gerald
Customer: replied 1 year ago.
South carolina and he is in spartanburg county detention center and will be transfered to the bureau of prisons once his bond is paid or his state charges get dimissed
Customer: replied 1 year ago.
But we are trying to get married before he gets sent to the feds so that i can visit him
Expert:  Gerald, Esq replied 1 year ago.
OKAY. Thanks. Do you already have a marriage license?
Customer: replied 1 year ago.
No but i could get one and have him sign it and notorize it from the jail
Expert:  Gerald, Esq replied 1 year ago.
Getting the license is the most important step. You will need the facilities approval to get it.
The courts have determined that marriage is a fundamental right that can not be denied to those who are incarcerated.
See this article:
http://www.aele.org/law/2007-10MLJ301.html
But some facilities make it more difficult.
If you do not have a marriage license it is more complicated. Generally, the probate courts in SC require both individuals to appear to apply for the license. Of course this is not possible.
So you must petition the County Court to issue the license without his presence. Some counties will allow this. For example, Dorchester County will issue an inmates license.
You will need to go in person to the County Probate Court Clerk's office with all of his pertinent information. You will also need a letter from the facility in which he is presently incarcerated stating that they consent to such marriage. You have to also present his photo ID and inmate number, as well as his social security number, date of birth, address, and the number of this marriage if there have been previous marriages.
A license issued in any county is good through out SC. So if going to Dorchester is possible call their office.
Clearly, the first step is getting the OKAY from the facility. So start with the Superintendent's Office of the County JAil.
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Good luck,
Please note: Information given is not legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

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