Judge-Officiated Weddings: South Carolina's Lawful Ceremony Option

South Carolina is a popular place for couples to get married, with its beautiful coastlines and scenic destinations. If you want to get married in South Carolina, it's important to know the legal requirements for the wedding ceremony to be valid. While the content of the ceremony is up to the couple, there are some legal requirements that must be met. This includes an express declaration of intent to be wed, such as I do, and a formal pronouncement by the officiant that the couple is now married. In addition, the couple and the officiant must be present at the ceremony, although South Carolina does not require any witnesses to be in attendance. So, can a judge officiate a wedding in South Carolina?

Who can officiate a wedding in South Carolina?

South Carolina has a range of requirements for those who wish to officiate a wedding. While the state does not require officiants to register with any government office, there are specific rules about who can perform the ceremony.

According to South Carolina Code of Laws § 20-1-20, only certain individuals are permitted to solemnize a marriage. This includes:

• Ministers of the Gospel
• Jewish rabbis
• Officers of the state who are legally entitled to administer oaths
• Leaders of recognized Native American tribes or entities

In addition, those who wish to officiate must be ordained as ministers. This can be done quickly and easily through various online sites, some of which provide immediate certification upon completion. While it is not mandatory to register with the state, it is recommended to keep records of your official ministry credentials as proof of ordination may be requested by the couple, government officials, or the wedding venue.

Once ordained, the officiant must contact the marriage licensing office in the county where the wedding will take place to inquire about any specific documents that may be required to verify their ordination status. These requirements can vary from county to county, so it is important to contact the appropriate officials beforehand.

It is also important to note that while South Carolina does not require any witnesses to be present at the wedding ceremony, both the couple and the officiant must be physically present. The content of the ceremony is generally up to the couple, but it must include an express declaration of intent to be wed, typically indicated by saying "I do." The officiant must also make a formal pronouncement that the couple is legally married.

Do judges fall under the category of those who can officiate?

In South Carolina, a judge falls under the category of an "officer authorized to administer oaths in this State", and as such, they are legally permitted to officiate a wedding.

According to South Carolina law, the following individuals are authorized to administer a marriage ceremony:

• Ministers of the Gospel
• Jewish rabbis
• Officers authorized to administer oaths in the State
• Chiefs or spiritual leaders of a Native American Indian entity recognized by the South Carolina Commission for Minority Affairs

While judges are not required to register with any government office before officiating a wedding, they must adhere to the state's marriage laws and requirements. For example, South Carolina law requires the presence of the officiant and both members of the couple at the ceremony. The content of the ceremony is generally up to the couple, but it must include an express declaration of intent to be wed, typically indicated by saying "I do." Additionally, the officiant must make a formal pronouncement that the couple is legally married.

It is important to note that South Carolina has specific requirements for marriage licenses, including a mandatory 1-day waiting period after receiving the license before the ceremony can be performed. The signed marriage license must also be returned to the appropriate office within the specified timeframe, which is typically within 15 days but may vary by county.

What are the requirements to become a wedding officiant in South Carolina?

To become a wedding officiant in South Carolina, you must be an ordained minister. Local regulations in South Carolina stipulate that wedding officiants under the designation of "Minister" be ordained by a religious organization.

There are several online sites that allow you to be ordained quickly, and some even provide you with your certification immediately upon completion. Some are free, some are cheap, and some (especially if the ordination is free) you just have to pay for the materials stating that you're a brand-new minister.

Once you are ordained, you will need to contact the office of your local marriage authority (usually your county clerk) and let them know that you are an ordained minister. Ask them what information they will require from you to officiate a marriage in South Carolina. Most clerks and governing agencies may require that you present them with a physical copy of your ordination record.

While registering yourself with the state isn't required as of now, you may need to show documentation proving you are a licensed marriage officiant. It's a good idea to contact the county clerk once you are ordained and ask them what they need to see from you.

What is the process to officiate a wedding in South Carolina?

To officiate a wedding in South Carolina, there are a few key steps you need to follow. Here is a detailed guide on the process:

Step 1: Meet the Requirements to Become a Wedding Officiant

South Carolina law specifies who is authorized to perform marriage ceremonies in the state. According to Section 20-1-20 of the South Carolina Code of Laws, the following individuals are permitted to solemnize marriages:

• Ministers of the Gospel
• Jewish rabbis
• Officers authorized to administer oaths in the state
• Chief or spiritual leader of a Native American Indian entity recognized by the South Carolina Commission for Minority Affairs

To be recognized as a wedding officiant, you must be ordained as a minister by a religious organization. This can be done through online ordination, which is a quick and easy process. However, it is not required to register with any government office prior to performing marriages.

Step 2: Understand the Marriage Requirements

Before officiating a wedding, it is important to be aware of the marriage requirements in South Carolina. Both members of the couple must be at least 18 years old to marry. If either party is between the ages of 16 and 17 and living with their parents, they may marry with the consent of their parents or legal guardians. Additionally, same-sex marriages are recognized in South Carolina due to federal law, although the state law has not been formally modified to rescind its previous prohibition.

Step 3: Obtain a Marriage License

The couple must apply for a marriage license from the probate judge or county clerk in their county. There is a mandatory waiting period of at least 24 hours after submitting the written application, which must include their social security numbers. The cost of the license varies by county and may be different for residents and non-residents. The couple will receive three copies of the marriage license, which will be valid for six months.

Step 4: Perform the Wedding Ceremony

When performing the wedding ceremony, there are two key elements that must be included for the marriage to be legally binding:

• Declaration of Intent: This is the "Do you take... I do" exchange, where the couple expresses their intent to be wed.
• Pronouncement: As the officiant, you must pronounce the couple officially married.

It is important to note that South Carolina does not require any witnesses to be present at the ceremony. However, the couple and the officiant must be physically present. The content of the ceremony is up to the couple, but it should include an express declaration of intent to be wed.

Step 5: Finalize the Marriage License

After the ceremony, it is your responsibility as the officiant to complete and return two of the three copies of the marriage license. This typically needs to be done within 15 days of the ceremony, although in Lexington County, there is a 30-day deadline. You will need to include your name, home address, and the name of your religious organization. The licenses must be returned to the same office from which they were issued.

What are the legal requirements for a wedding in South Carolina?

To get married in South Carolina, there are several legal requirements that must be met. Here is a comprehensive guide to help you understand the process:

Age Requirements:

To marry in South Carolina, both members of the couple must be at least 18 years old. However, individuals who are 16 or 17 and have parental consent can marry with a notarized letter of consent from their parents or legal guardians. Additionally, if a woman under 18 is pregnant or has a child, she can marry the father of her child without parental consent.

Residency and Blood Tests:

Neither party needs to be a resident of South Carolina to get married in the state. There is no requirement for blood tests as well.

Obtaining a Marriage License:

To obtain a marriage license in South Carolina, both members of the couple must apply in person at the Probate Court. The process typically involves submitting a written application, providing necessary documents, and paying a fee. The cost of the marriage license varies by county and can range from $30 to $100. It is important to note that there is a mandatory waiting period of 24 hours from the time of application before the marriage license can be issued.

Documentation Requirements:

The documentation requirements for obtaining a marriage license in South Carolina vary based on age:

• For applicants who are 16 or 17 years old, a birth certificate, letter of parental consent from a notary, and a state-issued ID for the parent or legal guardian providing consent are needed.
• For applicants 18 and older, a valid government-issued ID (such as a driver's license, military ID, passport, etc.) and social security cards or other documents verifying their social security number are required. If an individual is a resident alien without a social security number, they need to present their visa, resident alien card, or proof from the Social Security Office.

Who Can Perform the Wedding Ceremony:

In South Carolina, only specific individuals are authorized to perform wedding ceremonies. These include ministers of the Gospel, Jewish rabbis, officers authorized to administer oaths in the state, and the chief or spiritual leader of a recognized Native American Indian entity. It is important to note that the officiant's gender, sexual orientation, and religious beliefs do not affect their ability to perform the ceremony.

Witnesses and Consent:

While South Carolina does not require witnesses to be present at the wedding ceremony, the law mandates the physical presence of both members of the couple and the officiant. Additionally, the couple must mutually consent to the marriage, and the officiant must pronounce them legally married.

Finalizing the Marriage:

After the wedding ceremony, the officiant is responsible for completing and signing all copies of the marriage license. One copy stays with the married couple, while the other two must be returned to the issuing office within a specified timeframe, typically 15 days, but 30 days in Lexington County. The officiant must include their name, home address, and the name of their religious organization on the license.

Frequently asked questions