Information on Marriage Licenses

Marriage. Legal union of one man and one woman as husband and wife.
- Black's Law Dictionary

Any persons legally entitled to marry may apply for a marriage license in the Probate Court of any county in South Carolina. There is no residency requirement, but the marriage must be administered within the State.

Both the bride and groom must appear in the Probate Court to obtain a marriage license, along with the following:

• Identification that includes proof of age by presenting one of the following:
  • Driver's License
  • Birth Certificate
  • Passport
  • Military ID
  • Or another legal document
• Social Security Card, or another legal document that verifies name and social security number such as an insurance card or tax records. (Applicants who are non-U.S. citizens can meet this requirement by presenting a Passport, Visa, or Resident Alien Card.)
• $30 cash for the filing fee. This includes the $10.00 fee set by the County, and the $20.00 marriage license tax set by the State. The fee is non-refundable.

No tests are required. To be legally entitled to marry, applicants must be unmarried, mentally competent, of requisite age, and not disqualified due to close relationship by blood or affinity as provided in S.C. Code Section 20-1-10.

There is a twenty-four (24) hour waiting period from the time application is made until the time the license may be issued. After the waiting period has expired, either the bride or the groom may return to pick up the license. For your convenience you may also have a third party pick up the license if you provide written authorization. If you prefer to have the license returned to you by mail, provide the court with a self-addressed stamped ($0.65) envelope at the time of application.

The ceremony must be performed in South Carolina in accordance with S.C. Code Section 20-1-20, which states, "Only ministers of the Gospel or accepted Jewish rabbis and officers authorized to administer oaths in this State are authorized to administer a marriage ceremony in this State." (Note: A South Carolina notary public is authorized to administer oaths in this State, and therefore authorized to administer a marriage ceremony.)

After the marriage ceremony, the officiant will complete the certificate and provide you with a copy of the marriage license. All three copies must be signed with original signatures. The officiant must deliver the Probate Judge copy and the Probate Judge/DHEC copy to this court for filing within thirty (30) days of the ceremony. If not returned to the Probate Court, there will be no legal record of your marriage. After the license has been recorded and placed in the permanent files, you may obtain a certified copy of your marriage license.

For applicants under 18 years of age:

You must be at least 16 years of age in order to obtain a marriage license in South Carolina. If the applicants are 16 or 17 years of age, the custodial parent, relative or legal guardian with whom the minor resides must give written consent by sworn affidavit. (If the parents are separated or divorced, the parent with custody must confirm custody with a separation agreement or divorce decree.) The minor applicant must also present his birth certificate, or a hospital or baptismal certificate (with parents' names) which has been issued and dated within one year after birth, or a certified copy thereof, showing that he is of lawful age. The applicant must also present a State issued ID, and Social Security Card.

If the bride is pregnant or has borne a child, and if she and the putative father agree to marry, she must also submit a report or certificate from a licensed physician certifying that she is pregnant or has borne a child. In such cases State law requires that written consent to the marriage must be given by one of the parents of the bride, or by a person standing in loco parentis to the bride, such as her guardian or the person with whom she resides, or, in the event of no such qualified person, with the consent of the superintendent of the department of social services of the county in which either party resides. In such cases, there is not a requirement for consent from the groom's parent or guardian.

To receive a certified copy of a marriage license issued in Lexington County:

• You may come in person to the Probate Court, or
• Mail a written request to Lexington County Probate Court, 205 E. Main Street, Lexington, SC 29072. Your correspondence must include the groom's full name, the bride's full maiden name before marriage, and the date of the ceremony.

The fee for a certified copy is $5.25, payable by check, money order, or cash. (The fee for a non-certified copy is $0.25.) Include check or money order if requesting by mail. Checks must be made payable to "County of Lexington."

The Lexington County Probate Court only has licenses that were issued in Lexington County. If you received your license in another county you will need to contact the probate court in that county. You may also contact the State's Bureau of Vital Statistics at:

2600 Bull Street
Columbia, SC 29201
(803) 898-3630
www.scdhec.net/vr/

Marriage License Frequently Asked Questions

Social Security Administration - Social Security Card Change of Name or Card Replacement (Free Service)
www.ssa.gov/replace_sscard.html

South Carolina Code of Laws - With link to Marriage Provisions
www.scstatehouse.net/code/titl20.htm

South Carolina Department of Health and Environmental Control (DHEC) - Vital Records
www.scdhec.net/vr/