Legal Question in Wills and Trusts in South Carolina

How do I obtain a marriage license without both parties having to be present?

How do I obtain a marriage license without both parties being present? My fiance' is currently in prison in SC and they say we can get married but they won't help us. The only thing we're having problems with is getting the marriage license. Please Help

Thank You


Asked on 6/25/03, 12:20 am

1 Answer from Attorneys

Otto Ferrene, jr. Ferrene & Associates, PA

Re: How do I obtain a marriage license without both parties having to be present

You need to get a copy of the SC Code Sections 20-1-230 and 20-1-220. The problem is that the application must be signed by both parties.

I would suggest that you appear at the probate judges office and ask for an application because your spouse to be is not able to get to the court house. Fill out the application. Take it to the facility where you spouse to be is located and have it signed there and notarized, if required. Then you take the application back to the court where you can sign the appliction before the county personnel and pay the fee. The applicatio also requires a Social Security Number of both parties. Ages and places of residence are also required. file the applicatin with a statement under oath (Notary) that you are legaly entitled to marry, full names and addresses of the parties, payment of a fee and the lapse of 24 hours entitles you to a marriage license. There are special local laws for the issuance of a license in some counties. There does not seem to be a requirement that you obtain a license in the county in which you reside. You do not have to marry in the county in which the license is issued. This may be a case of being required to shop counties. Give it a try.

Special provisions apply in the folowing counties: Abbeyville, Beaufort, Charleston, Cherekee, Chester, Dillon, Edgefield, Florence, Horry, Jasper, Lancaster, Lee and York counties. Fees may be different in different counties.

Good luck! You did not tell me the S county in which you were having trouble so I can't be more specific.

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Answered on 6/25/03, 9:30 pm


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