South Carolina Marriage License Requirements 2026: 24-Hour Wait

In South Carolina, the county probate judge issues marriage licenses (in Darlington and Georgetown counties, the clerk of court does). The state's defining rule is a 24-hour wait: under S.C. Code 20-1-220, no license may issue until your written application has been on file for at least 24 hours. The statute sets no single statewide total: every license carries a $20 domestic violence fee (S.C. Code 20-1-375), and the counties we checked charge totals from $45 to $95.

The license rules sit in Title 20, Chapter 1 of the South Carolina Code of Laws. Anyone 18 or older may marry; 16- and 17-year-olds who live with a parent, other relative or guardian need that adult's sworn consent affidavit. For other states, see our guide to marriage license requirements by state.

Information last verified on October 7, 2026. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers getting a marriage license and marrying in South Carolina under Title 20, Chapter 1 of the South Carolina Code of Laws, as published on the General Assembly's website, and the published procedures of the Charleston, Richland and Greenville county probate courts. It does not cover divorce, ordering old marriage records, common-law marriage, or marrying in another state.

Where to apply for a South Carolina marriage license

You apply to the probate judge of a county. In Darlington and Georgetown counties, the clerk of court issues marriage licenses instead (S.C. Code 20-1-220).

There is no residency requirement. The Charleston County Probate Court's page says "No residency requirements," and Greenville County's fee schedule charges different amounts to local, in-state and out-of-state couples. Charleston also notes that a South Carolina license is valid only for marriages performed in person in South Carolina.

A license is not limited to the issuing county: Richland County headlines its license as "Valid Anywhere in South Carolina," and Greenville County says ceremonies under its licenses may be performed anywhere in South Carolina but not out of state.

Online applications by county

The large counties have moved much of the process online, and each does it differently:

• Charleston: an online application. Both applicants complete it, upload ID and proof of Social Security number, and sign a sworn statement. The county emails the license within two business days after the application is complete. Charleston's page also states that "both Applicant A and Applicant B must be present when completing the Application for License and Certificate of Marriage."
• Richland (Columbia): "All transactions are online only." The license is mailed.
• Greenville: you complete an online worksheet, the county emails the application, and you sign it before a notary. You return it in person, by mail or by drop box, and pick up the license in person with photo ID or have it mailed. Greenville says "It is not necessary for both applicants to be present to pick up the license."

Processes change. Check your county probate court's marriage page before you start.

What you need to apply

The application must be signed by both of you and must include each person's Social Security number, or "the alien identification numbers assigned to resident aliens who do not have social security numbers" (S.C. Code 20-1-220). You also sign a sworn statement that you are legally entitled to marry, giving your full names, ages and residences (S.C. Code 20-1-230(A)(4)).

County ID requirements:

• Charleston: a valid photo ID for each applicant (driver's license, original or certified birth certificate, South Carolina DMV ID, current military ID or passport) and proof of Social Security number (Social Security card, page 1 of a tax return, or a W-2 or tax form with financial data blacked out). Non-citizens provide a passport or visa showing an Alien Registration Number.
• Richland: a Social Security card and one photo ID.
• Greenville: a government-issued photo ID and a Social Security card or verification. An applicant without a Social Security card presents a resident alien card or a statement from the Social Security Office that the applicant does not qualify for a Social Security number.

Applicants 18 to 25 must show documentary proof of age (S.C. Code 20-1-270).

Prior marriages. Neither the statute's application requirements nor the Charleston and Richland pages we read ask for a divorce decree. That does not make a second marriage safe: a marriage entered while a prior spouse is living and the prior marriage has not been ended is void (S.C. Code 20-1-80). Richland and Greenville both say a prior marriage must be ended by a final divorce order signed by a judge and filed with the Clerk of Court before you apply, so make sure any earlier divorce is final and filed, and ask your county if it wants paperwork.

How much a South Carolina marriage license costs

State law requires "the payment of the fee provided by law" (S.C. Code 20-1-230(A)(3)) and adds "an additional twenty dollar fee for each marriage license applied for" that goes to the Domestic Violence Fund (S.C. Code 20-1-375). The statute does not set one statewide total, and county totals differ:

Greenville's amounts come from the probate court's posted fee schedule, which carries no issue date; the live Greenville marriage page did not show a price. Confirm the current amount with Greenville County before you apply.

An older Charleston instructions page describes a "$70.00 cash fee." The current Charleston application takes the $70 by credit card, so rely on the current page.

County fees change. Your probate court's own page is the final word on price and payment.

The premarital course: a tax credit, not a fee discount

South Carolina does not reduce the license fee for premarital education. Instead, S.C. Code 20-1-230(B) gives a couple who completes a qualifying premarital preparation course a "one-time fifty-dollar nonrefundable state income tax credit." The income tax provision is S.C. Code 12-6-3381, which allows the credit for the tax year you marry, at most $25 per spouse and $50 per couple, claimed on a Department of Revenue form; and the probate judge or clerk certifies on the license that the couple met the course requirements. You must produce the provider's certification when you apply.

To qualify, the course must be:

• at least six hours long;
• completed within 12 months before you apply for the license;
• taken together as a couple; and
• taught by a professional counselor licensed under Chapter 75 of Title 40, or an active member of the clergy or the clergy member's designee (retired clergy also qualify).

The provider issues a certificate stating the hours you completed together and the provider's credentials. The probate judge does not have to authenticate the certificate unless it is wholly fraudulent. You may see claims online that a course cuts the license fee in half; subsection (B) of the statute provides only the tax credit (subsection (C) mentions a "discount" only to say it may not reduce the $20 Domestic Violence Fund fee), and none of the county pages we read offers a fee reduction.

The 24-hour waiting period

South Carolina law makes you wait between applying and receiving the license. S.C. Code 20-1-220 bars issuing a license "unless a written application has been filed with the probate judge, or in Darlington and Georgetown counties the clerk of court who issues the license, at least twenty-four hours before the issuance of the license." Section 20-1-230(A)(2) repeats the condition: "the lapse of at least twenty-four hours thereafter."

The license itself records the hour and date the application was filed and the hour and date it was issued. Charleston describes the rule as "a twenty-four hour waiting period after the application is filed before the Marriage License is released." Sections 20-1-220 and 20-1-230 contain no exception or waiver, so plan for at least a day between applying and the wedding. With an online county such as Charleston, which emails the license within two business days, build in more time.

An official who issues a license in violation of these rules can be fined $25 to $100 or jailed for 10 to 30 days.

How long a South Carolina license lasts

We did not find an expiration period in Chapter 1 of Title 20. Richland County's probate court states: "You have six months from the time the marriage license is issued to have the ceremony performed." Richland adds that once six months pass you will need to re-apply, but that "If the license is signed after the six months, the marriage is valid." Greenville County's probate court states the opposite rule for its licenses: "South Carolina Marriage Licenses do not expire. A ceremony can be performed at any time after the license is issued." Charleston's pages give no time limit. Because counties publish different rules, ask your issuing county how long its license stays valid.

Age requirements and the parental consent affidavit

South Carolina sets 16 as the absolute floor. S.C. Code 20-1-250 provides: "A marriage license must not be issued when either applicant is under the age of sixteen." Under S.C. Code 20-1-100, a marriage (including a common-law marriage) by a person under 16 is void from the start.

At 16 or 17, the statute ties the license to consent from the adult the minor lives with. The statute says that when a 16- or 17-year-old "resides with father, mother, other relative, or guardian," the probate judge "shall not issue a license for the marriage until furnished with a sworn affidavit signed by the father, mother, other relative, or guardian giving consent to the marriage" (S.C. Code 20-1-250). The minor must also file a birth certificate, a hospital or baptismal certificate issued within a year of birth, or a certified copy; if none can be obtained, a parent or guardian may give an affidavit of age (S.C. Code 20-1-260).

County practice varies. Richland County requires the parent or legal guardian to appear in person with both applicants after the 24-hour wait, and Greenville County asks 16- and 17-year-olds to schedule an appointment by phone or email. Charleston County's current marriage page says "Applicants must be at least 18 years of age," so a minor applying there should call the court first. The statute sets no age-gap limit between the parties and, in the text we read, no court-approval or pregnancy exception.

At 18 and older, no consent is needed, but applicants up to age 25 must show documentary proof of age (S.C. Code 20-1-270).

Proposed: Senate Bill 25

Senate Bill 25 of the 2025-2026 session would raise the minimum marriage age in S.C. Code 20-1-100 to 18 and repeal the parental-consent sections, 20-1-250 and 20-1-260. The legislature's bill page shows it was introduced on January 14, 2025, and referred to the Senate Judiciary Committee, with no later action listed. It is not law. Until a change is enacted, the consent affidavit route for 16- and 17-year-olds remains.

Who cannot marry in South Carolina

Close relatives. S.C. Code 20-1-10 lists forbidden marriages, written in gendered terms. A person may not marry a parent, grandparent, child, grandchild, stepparent, sibling, aunt or uncle, niece or nephew, or certain in-laws and step-relatives (for example, a son's wife, a grandfather's wife, or a wife's mother or daughter). First cousins are not on the list.

An existing spouse. A marriage entered while a prior spouse is living is void unless the prior marriage was ended by divorce or annulment, or the absent spouse had been gone for five years and was not known to be living (S.C. Code 20-1-80).

Mental incompetence. The Code provides that persons who are mentally incompetent cannot contract matrimony.

Same-sex couples. S.C. Code 20-1-10 and 20-1-15 still contain language barring same-sex marriage; 20-1-15 says such a marriage "is void ab initio and against the public policy of this State." The Code's own validity notes to those sections cite Obergefell v. Hodges and Condon v. Haley. In Obergefell v. Hodges, 576 U.S. 644 (2015), the U.S. Supreme Court held that the Fourteenth Amendment requires states to license marriages between two people of the same sex, so that language cannot be enforced.

No blood test

South Carolina does not require a blood test. Charleston County's instructions state "NO BLOOD TEST IS REQUIRED," and the license sections of Chapter 1 contain no medical-test requirement.

Instead, S.C. Code 20-1-240 requires the issuing office to give each applicant family-planning information and "the 'South Carolina Family Respect' information pamphlet published and provided by the office of the Governor."

Who can perform the ceremony

S.C. Code 20-1-20 limits the officiants: "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 pursuant to Section 1-31-40 are authorized to administer a marriage ceremony in this State."

The Charleston County Probate Court reads "officers authorized to administer oaths" to include notaries: "An Ordained minister, Jewish Rabbis, officers authorized to administer oaths in South Carolina or a South Carolina Notary can perform wedding ceremonies."

Other points:

• Registration. We found no state registration requirement for officiants in Chapter 1.
• Online ordination. The statute speaks of "ministers of the Gospel." We found no South Carolina statute, court decision, Attorney General opinion or official page addressing ministers ordained online. A notary or another officer authorized to administer oaths avoids the question.
• Self-uniting. Because Section 20-1-20 says "only" the listed officiants may perform a ceremony, a couple cannot marry themselves under it.
• Witnesses. The license sections we read do not require witnesses at the ceremony.
• No license, no ceremony. Performing a ceremony without a license is punishable by a fine of $25 to $100 or 10 to 30 days in jail (S.C. Code 20-1-210). Section 20-1-360 adds that the licensing article does not make a marriage contracted without a license illegal; see our South Carolina common-law marriage guide for what that means.

Proxy marriage

South Carolina's statute does not address proxy marriage. The application "must be signed by both of the contracting parties" (S.C. Code 20-1-220), and Charleston requires both applicants to be present when completing it. Ask your probate court before planning a ceremony where one of you cannot take part.

After the ceremony: returning the license and certified copies

The probate office issues the license in triplicate. You give all three copies to the officiant, who completes them, gives one copy to you at no charge, and returns "the other two within fifteen days to the officer who issued the license certificates" (S.C. Code 20-1-330). The probate judge or clerk records and indexes the license and sends a copy to the Department of Public Health's Division of Vital Statistics within 15 days of receiving it (S.C. Code 20-1-340).

Charleston tells the couple to return the two signed copies, labeled PROBATE JUDGE and PROBATE JUDGE/DPH COPY, by mail or drop box after the ceremony. Whoever carries them, make sure they reach the issuing office within the 15 days.

Certified copies. Charleston sells certified copies online for $5.00 each once the license has been filed. For Charleston licenses from before 1999, Charleston refers requests to DPH Vital Records at (803) 898-3630. The Department of Public Health can also issue certified copies (S.C. Code 20-1-350). Our guide to South Carolina marriage and divorce records covers ordering copies later.

Changing your name. Charleston notes that "It may be necessary to show a certified copy to the appropriate entities for legal name change." See changing your name after marriage for the steps.

Common myths about South Carolina marriage licenses

• "Premarital counseling lowers the license fee." It does not. The course earns a one-time $50 state income tax credit (S.C. Code 20-1-230(B)).
• "You can apply and marry the same day." No. The application must be on file at least 24 hours before the license issues (S.C. Code 20-1-220).
• "South Carolina requires a blood test." No. Applicants receive family-planning information and the Family Respect pamphlet instead (S.C. Code 20-1-240).
• "Every license is good for six months." Six months is Richland County's published rule; Greenville County says its licenses do not expire, and we did not find a statewide expiration period.
• "Charleston only takes cash." An older Charleston page said so; the current application takes the $70 fee by credit card.

Disclaimer: This article provides general legal information about South Carolina marriage licenses under Title 20, Chapter 1 of the South Carolina Code of Laws and the published procedures of South Carolina county probate courts. It is not legal advice. The information was verified on October 7, 2026. For your specific situation, contact the probate court (or, in Darlington and Georgetown counties, the clerk of court) where you will apply, or consult a lawyer licensed in South Carolina.

Related

• Marriage license requirements by state
• South Carolina marriage and divorce records
• South Carolina common-law marriage
• South Carolina name change laws
• North Carolina marriage license requirements
• Georgia marriage license requirements

Last updated: October 7, 2026.

Frequently Asked Questions

Is there a waiting period to get married in South Carolina?

Yes. Your written application must be on file at least 24 hours before the probate judge can issue the license (S.C. Code 20-1-220), and the statute provides no waiver.

How much is a marriage license in South Carolina?

It depends on the county. In October 2026 Charleston charged $70, Richland $45.24, and Greenville $45, $75 or $95 depending on residency. Every license includes a $20 Domestic Violence Fund fee (S.C. Code 20-1-375).

Does premarital counseling lower the fee in South Carolina?

No. A qualifying course of at least six hours earns a one-time $50 nonrefundable state income tax credit instead (S.C. Code 20-1-230(B)).

Can you apply for a South Carolina marriage license online?

In several counties, yes. Charleston emails the license after an online application, Richland handles everything online and mails the license, and Greenville uses an online worksheet with a notarized application.

Do you have to be a South Carolina resident to get married there?

No. Charleston County states there is no residency requirement, though Greenville charges more when neither applicant lives in South Carolina. The license is valid only for a ceremony in South Carolina.

How long is a South Carolina marriage license valid?

We found no expiration period in the state statute. Richland County says you have six months from issuance to hold the ceremony, while Greenville County says its licenses do not expire; ask your own county.

Can a 16-year-old get married in South Carolina?

The statute requires a sworn consent affidavit from the parent, other relative or guardian the minor lives with (S.C. Code 20-1-250), and county practice varies, so call the probate court first. No license may issue to anyone under 16. Senate Bill 25, which would set the minimum at 18, has not advanced past the Senate Judiciary Committee and is not law.

Can a notary marry you in South Carolina?

Yes. S.C. Code 20-1-20 authorizes officers authorized to administer oaths, and the Charleston County Probate Court lists a South Carolina notary among those who can perform weddings.

Who returns the marriage license after the ceremony in South Carolina?

The statute assigns it to the officiant, who returns two of the three copies to the issuing office within 15 days (S.C. Code 20-1-330). Charleston tells couples they may return them by mail or drop box.