How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask socrateaser Your Own Question
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 38901
Experience:  Retired (mostly)
Type Your Legal Question Here...
socrateaser is online now
A new question is answered every 9 seconds

Lets say in a drunken haze drove to Dillon,S.C., got married,

This answer was rated:

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?

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 4 years 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?
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 and 9 other Legal Specialists are ready to help you