2013-2014 Bill 11: Common-law marriage - South Carolina ...



South Carolina General Assembly120th Session, 2013-2014S. 11STATUS INFORMATIONGeneral BillSponsors: Senator L.?MartinDocument Path: l:\s-jud\bills\l. martin\jud0010.ba.docxIntroduced in the Senate on January 8, 2013Currently residing in the Senate Committee on JudiciarySummary: Common-law marriageHISTORY OF LEGISLATIVE ACTIONSDateBodyAction Description with journal page number12/13/2012SenatePrefiled12/13/2012SenateReferred to Committee on Judiciary1/8/2013SenateIntroduced and read first time (Senate Journalpage?30)1/8/2013SenateReferred to Committee on Judiciary (Senate Journalpage?30)1/28/2013SenateReferred to Subcommittee: Sheheen (ch), Corbin, McElveen, Shealy, ThurmondVERSIONS OF THIS BILL12/13/2012A BILLTO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 201110 TO PROVIDE THAT COMMON-LAW MARRIAGE IN THE STATE MAY NOT BE RECOGNIZED ON AND AFTER JANUARY 1, 2011, AND TO PROVIDE AN EXCEPTION FOR A COMMON-LAW MARRIAGE EXISTING AS OF DECEMBER 31, 2010; AND TO REPEAL SECTION 201360 RELATING TO THE VALIDITY OF A MARRIAGE CONTRACTED WITHOUT THE ISSUANCE OF A LICENSE.Be it enacted by the General Assembly of the State of South Carolina:SECTION1.Article 1, Chapter 1, Title 20 of the 1976 Code is amended by adding:“Section 201110.(A)A commonlaw marriage in this State must not be recognized after January 1, 2011, unless it is established, by a preponderance of the evidence in a court of competent jurisdiction, that the common law marriage existed as of December 31, 2010.(B)Prior to January 1, 2011, the probate court shall waive the marriage license application fee for parties who are in a commonlaw marriage as attested to in a form affidavit provided to the parties by the probate court.”SECTION2.Section 201360 of the 1976 Code is repealed.SECTION3.Except as otherwise provided for in this act, this act takes effect upon approval by the Governor.XX ................
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