Retired Judges Officiating Weddings In South Carolina

can a retired judge perform a wedding in South Carolina

South Carolina is a popular place to get married, with its beautiful coastlines and scenic destinations, and old-world charm. If you're planning to get married in South Carolina, it's important to understand the legal requirements to ensure your marriage is officially recognized. One of the key requirements is having an authorized officiant to perform the wedding ceremony. So, can a retired judge officiate a wedding in South Carolina?

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Can a retired judge perform a wedding in South Carolina? Yes, if they are a notary public or an officer authorized to administer oaths.

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Who can perform weddings in South Carolina?

In South Carolina, only certain individuals are permitted to perform wedding ceremonies. This group of approved officials includes ministers of the Gospel, Jewish rabbis, officers of the state who are legally entitled to administer oaths, and leaders of recognised Native American Indian tribes.

The place of residence, gender, and belief systems of ministers do not disqualify them from solemnising marriages in South Carolina. Ministers who receive their ordination from the Universal Life Church are also recognised as religious actors in the state and may officiate at wedding ceremonies, provided they are at least 18 years old.

In addition, a probate judge or any notary public can also perform the ceremony. There is no requirement for witnesses to be present at the wedding ceremony in South Carolina.

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What are the requirements to get married in South Carolina?

To get married in South Carolina, there are a few requirements that must be met. Here is a list of the key requirements:

  • Age: Both parties must be at least 18 years old. If either party is under 18, parental consent is required, except in the case of a woman under 18 who is pregnant or has a child, who can marry the father of her child without parental consent.
  • Marriage License: A marriage license must be obtained from the county courthouse. Both parties must bring identifying documents, such as a photo ID and Social Security card. There is a waiting period of 24 hours after submitting the application before the license can be issued. The fee for the license varies by county.
  • Ceremony: The ceremony must be performed by an ordained minister, a probate judge, or a notary public. The officiant and both members of the couple must be physically present at the ceremony. There is no requirement for witnesses to be present.
  • Validity: The marriage is valid in any county in South Carolina. However, the license may expire after six months, depending on the county.
  • Blood Test: No blood test is required.
  • Residency: Neither party needs to be a resident of South Carolina to get married in the state.
  • Same-Sex Marriage: Same-sex marriage is allowed in South Carolina, despite state law provisions that prohibit it. Federal law preempts state law on this matter.
  • Common-Law Marriage: Common-law marriage is not recognized in South Carolina for marriages entered into after 2019.

It is important to note that the specific requirements may vary slightly from county to county, especially due to COVID-19 safety measures. Therefore, it is recommended to contact the local county probate judge to confirm the exact requirements.

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What is the cost of a marriage license?

The cost of a marriage license in South Carolina varies depending on the county. For instance, in Horry County, the fees are as follows: $50 for Horry County residents, $75 for South Carolina residents, and $115 for out-of-state residents. In Lexington County, the fee is $30.

Each county has a different fee structure, so it is important to check with the probate judge or county clerk to determine the exact cost. The fee must be paid in cash, check, or money order. It is worth noting that only one license fee is required per couple, and the fee is based on the applicant's residency, not that of their partner.

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Where can you get married in South Carolina?

South Carolina is a charming place to get married, with its beautiful coastlines, old-world charm, and gorgeous views. The state has something for every couple, whether they want to marry on a beach, in a mansion, near a forest, or in any other setting.

To get married in South Carolina, couples must meet the following requirements:

  • Both members of the couple must be at least 18 years old.
  • Those who are 16 or 17 and living with their parents may marry with parental consent.
  • There is an exception to the parental consent requirement: if a woman under 18 is pregnant or has a child, she and the child's father may marry without his parent's or guardian's consent, but she must still obtain her parent's or guardian's consent. If she does not have a parent or guardian, the Department of Social Services (DSS) may grant permission.
  • Couples must obtain a marriage license from the county courthouse and provide identifying documents, such as a driver's license, birth certificate, or social security card, along with the license fee. There is no blood test or physical exam required.
  • The marriage must be solemnized by an authorized officiant, such as a member of the clergy, a probate judge, a notary public, ministers of the Gospel, Jewish rabbis, officers authorized to administer oaths, or leaders of recognized Native American tribes.

With regards to the location of the wedding, South Carolina offers a variety of options. Couples can choose to get married in any county within the state, including scenic destinations along the coast or in charming towns and cities. Some specific locations to consider include:

  • Beaches: For couples who dream of a beach wedding, South Carolina's coastline offers many picturesque options.
  • Mansions: The state is home to grand mansions that can provide a luxurious and elegant setting for a wedding ceremony and reception.
  • Forests: For a more natural setting, South Carolina has beautiful forests and outdoor spaces that can create a magical atmosphere for a wedding.
  • Historic Sites: The state also boasts a number of historic sites, such as plantations and old buildings, which can provide a unique and charming backdrop for a wedding.
  • Gardens: South Carolina is known for its lush gardens, offering a romantic and vibrant setting for wedding ceremonies and receptions.

Couples can also choose to get married in more urban settings, such as hotels, restaurants, or event spaces in cities like Charleston, Columbia, or Greenville. Ultimately, South Carolina offers a diverse range of locations to suit the preferences and styles of any couple.

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What is the waiting period for a marriage license?

In South Carolina, there is a mandatory waiting period of 24 hours from the time of application until the marriage license can be issued. After the waiting period expires, either party can pick up the marriage license.

The waiting period is implemented by probate judges and county clerks, who require couples to submit completed marriage license applications at least 24 hours before they will issue marriage licenses. When submitting the forms, the couple must list their social security numbers.

The marriage license is valid for six months in most counties. If it is not used within the six-month period, the application process must be repeated, including the payment of the license fee.

Frequently asked questions

Yes, a retired judge can perform a wedding in South Carolina. In South Carolina, a marriage ceremony can be performed by a member of the clergy, a probate judge, or any notary public.

In South Carolina, under most circumstances, you must be 18 years of age or older to apply for your marriage license. However, as long as you're 16 years of age and have parental consent to get married, you can do so with a notarized letter of consent. There is no requirement for witnesses to be present at the wedding ceremony.

To obtain a marriage license in South Carolina, couples need to submit a written application at least 24 hours in advance and provide valid photo identification or a social security card. The cost of the marriage license varies by county and may range from $30 to $100.

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