South Carolina Common Law Spouse or Marriage Declaration or Affidavit: An Overview In South Carolina, common law marriage is recognized by law. It allows couples to establish a legal and valid marital relationship without a formal ceremony or marriage license. However, common law marriage can sometimes create ambiguity, especially when it comes to legal rights, property division, and other matters. To address this, individuals may opt to make a South Carolina Common Law Spouse or Marriage Declaration or Affidavit. A South Carolina Common Law Spouse or Marriage Declaration or Affidavit is a legal document that serves to formally declare a common law marriage. It helps establish and protect the legal rights and responsibilities of a couple who qualify as common law spouses under South Carolina law. By filing this document, individuals can ensure their union is recognized, providing them with certain marital rights and benefits. There are different types of South Carolina Common Law Spouse or Marriage Declaration or Affidavit that can be filed, depending on the specific circumstances: 1. Original Declaration or Affidavit: This is the standard document used to declare a common law marriage in South Carolina. It requires both partners to fill out the necessary information, including personal details, the start date of the common law marriage, and signatures from both parties. 2. Updating a Declaration or Affidavit: Sometimes, couples may require an updated version of their common law spouse or marriage declaration. This can occur if they wish to make changes to their initial declaration, such as adding or removing information, updating personal details, or correcting any errors. By filing an updated declaration, individuals ensure that their marital status is accurately reflected in legal records. 3. Dissolution or Termination Declaration: In cases where a common law marriage has ended or one party wishes to dissolve the union, a dissolution or termination declaration may be required. This document is used to formally terminate the common law marriage and legally recognize its dissolution. It may outline the reasons for the termination and any agreements reached between the parties regarding property division, child custody, and alimony. It is essential to consult with an experienced family law attorney when preparing a South Carolina Common Law Spouse or Marriage Declaration or Affidavit. They can provide guidance and assistance throughout the process, ensuring that all legal requirements are met and that individuals' rights are protected. Note: It is crucial to understand that the specific requirements and procedures for these declarations or affidavits may vary depending on the jurisdiction, and it is always advisable to consult with a legal professional to ensure compliance with local laws.