Notary Wedding Officiation In South Carolina: What's The Law?

In South Carolina, a notary public can officiate a wedding and act as a wedding officiant. However, this is not the case in all states. Only a few states recognize a marriage certificate from a notary, and there are specific requirements that must be met for the wedding ceremony to be legally accepted. In South Carolina, the process of becoming a wedding officiant involves getting ordained as a minister of the Gospel, which can be done online through various websites. It is important to note that while registering with the state is not mandatory, documentation proving one's status as a licensed marriage officiant may be required.

Who can officiate a wedding in South Carolina?

South Carolina has a range of options for those looking to officiate a wedding. The choice of officiant is an important one, as it can set the tone for the entire ceremony.

Religious Figures

Firstly, there are religious figures such as priests, ministers, and rabbis. In South Carolina, only "ministers of the Gospel, Jewish rabbis, officers authorized to administer oaths in this State, and the chief or spiritual leader of a Native American Indian entity recognized by the South Carolina Commission for Minority Affairs" are authorised to perform a wedding ceremony. These religious officials must be at least 18 years old and can be ordained online, with some websites offering free or cheap services. It is worth noting that registration with the state is not required, but proof of ordination may be requested by the couple, government officials, or the wedding venue.

Public Figures

Alternatively, public figures such as judges, court clerks, and justices of the peace can officiate weddings.

Notary Public

A third option is to have a notary public officiate the wedding. A notary public is a licensed professional who can verify signatures and identities on documents. In South Carolina, a notary public can legally marry a couple and act as a wedding officiant. However, this is not allowed in all states, and there are specific requirements that must be adhered to for the wedding to be legally accepted. For example, the notary public must be on an official commission from the state. Additionally, out-of-state couples cannot be married by a South Carolina notary public, and the notary cannot leave the state to perform the wedding.

Other Options

There are also a few unconventional ways to become a wedding officiant in South Carolina. One option is to get a captain's license, which authorises the holder to marry people in addition to driving boats. Another option is to be ordained as a "dudeist priest", which is a non-religious organisation that will ordain anyone regardless of their faith.

Requirements for a Valid Marriage

It is important to note that regardless of the officiant, there are certain requirements that must be met for a marriage to be legally valid in South Carolina. Both members of the couple must be at least 18 years old, or 16-17 with parental consent. The couple must also apply for a marriage license and present valid photo identification or a social security card. The marriage ceremony must include two key elements: the declaration of intent ("Do you take...I do" exchange) and the pronouncement of the couple as married. Finally, the marriage license must be signed by the couple, the officiant, and two witnesses, and returned to the issuing office within the specified timeframe.

What is the process of becoming a wedding officiant in South Carolina?

If you want to officiate a wedding in South Carolina, you must be ordained as a "minister of the Gospel", which can be non-denominational. There are several online sites that can ordain you quickly and for free, or for a small fee. Some websites also offer a "Letter of Good Standing" or similar, which you may need to show the county clerk.

Once ordained, you must contact the office of your local marriage authority (usually your county clerk) and ask them what information they require from you to officiate a marriage. They may ask to see physical proof of your ordination, so it's a good idea to order a hard copy of your credentials.

After you've contacted the marriage authority, you can find out what specific credentials you need for South Carolina. You may be asked to display proof of your ordination to the county clerk before they will accept the marriage license as having been legally solemnized.

When registering in South Carolina, you may also be asked to attach a statement to the marriage license that includes the following:

• The time and location of the wedding
• The names and places of residence of all official witnesses
• The religious organization that ordained you
• Your printed name and address

Please note that, when filling out a marriage license, South Carolina may request that you use the title "Minister" or "Reverend", and that you enter "Non-Denominational" as your denomination.

After the wedding ceremony, you must ensure the marriage license is signed by the couple, two witnesses, and yourself, before returning it to the issuing office.

What are the requirements for a marriage to be legally binding?

To be legally binding, a marriage in South Carolina must meet several requirements. Here is a step-by-step guide on how to get legally married in South Carolina:

Step 1: Meet the Minimum Age Requirements

In South Carolina, you must be at least 18 years old to marry. If you are 16 or 17 years old, you can marry with the consent of your parent, relative, or guardian, which must be given in a notarized letter. If you are under 16, you cannot enter into a valid marriage.

There is one exception to the parental permission rule: a woman under 18 can marry the father of her child without parental consent, but she must still obtain permission from her parent or legal guardian. If she does not have a parent or guardian, the Department of Social Services (DSS) may grant permission.

Step 2: Obtain a Marriage License

Both parties must go together to a county courthouse and bring identifying documents, including proof of age and, if applicable, a notarized letter of consent. At least one person must also bring a valid government-issued ID, such as a driver's license, military ID, or passport. There is a waiting period of 24 hours from the time of application before the marriage license can be issued and picked up. The license fee varies by county but typically costs around $40 to $50 and can be paid in cash, credit card, debit card, or money order.

Step 3: Have a Wedding Ceremony

Your wedding ceremony can be performed by an ordained minister or other religious leader, an officer authorized to administer oaths (such as a notary public), or a probate judge. Witnesses are not required in South Carolina, but you can invite as many guests as you like to celebrate with you. After the ceremony, the signed copies of the marriage license must be returned to the Probate Court for processing.

Step 4: Understand Common-Law Marriage

While South Carolina previously recognized common-law marriages, these were abolished in the 2019 ruling of Stone v. Thompson. However, couples who entered into a common-law marriage before this ruling are still recognized as legally married.

By following these steps and meeting the requirements outlined above, you can ensure that your marriage is legally binding in South Carolina.

What documents are required to get a South Carolina marriage license?

To obtain a marriage license in South Carolina, you must apply at a South Carolina county probate court. Due to COVID-19 safety measures, application procedures can vary, so it is best to contact the office of the South Carolina county probate judge you will be filing at to confirm their requirements.

The following requirements apply to both residents and non-residents:

Documents Required:

• Both parties must appear together and file a written application.
• The application will ask for the full name, social security number or alien identification number, age, and place of residence of each person.
• Documents must be submitted for legal proof of identification and social security number. Some probate judges require both applicants to show their social security cards. Non-U.S. citizens can meet this requirement by presenting a valid passport with a current visa, a U.S. government-issued Resident Alien card, or other suitable identification issued by the U.S. Department of Homeland Security.
• There is a waiting period after the application is filed before the license will be processed and the marriage can take place. This waiting period varies from county to county, so contact the county probate judge at least one week before your planned wedding date.
• If you are 18 or older, you do not need parental consent, but you must provide proof of age or identification. You can do this by presenting one of the following:
• A valid driver's license or state-issued identification card
• Original birth certificate or a certified copy of your birth certificate
• Current military identification card
• Current passport; plus current visa attached if not a U.S. citizen
• If you are under 18, parental consent can be granted for boys and girls who are at least 16. All minor applicants must file an original birth certificate or a certified copy of their birth certificate. The parent or legal guardian of a minor applicant may also need to appear at the same time to present identification and sign a form consenting to the marriage. Again, contact the county probate judge for current requirements.
• If you are recently divorced, legal proof of the divorce may be needed. This varies by county, so contact the county probate judge to confirm.
• The marriage license fee varies from county to county.

Other Requirements:

• No blood test or physical exam is required.
• South Carolina residency is not required.
• A South Carolina marriage license can be used in any county in the state and is valid only for marriages performed in South Carolina.
• The length of validity of a South Carolina marriage license varies from county to county. Some expire after six months, while others do not expire and are valid for use anytime.

What are the costs of a notary public performing a marriage ceremony?

The costs of a notary public performing a marriage ceremony vary. The usual fees for "regular" notarial services can range from $5 to $25. However, for marrying two individuals, it is at the discretion of the notary public to set their fees. For example, a notary public and wedding officiant in the Columbia and Lexington metro area charges a base fee starting at $90. This fee includes the travel to the couple's chosen location for the ceremony, be it at home, a banquet hall, outside in a park, or in a church.

In South Carolina, the marriage license becomes the Certificate of Marriage once it is signed by the couple and the officiant. There are three copies of the license, all of which the couple signs, and one of them becomes the Original Certificate of Marriage, which the couple gets to keep. The other two copies are returned to the probate court by the officiant, who is also responsible for any associated costs. If a couple needs a certified copy of their marriage certificate, they can request one from the court for a small fee.

Frequently asked questions