im 16.. i need marriage law advice for South Carolina

[alwestbrooks]

I need some legal advice.. my mother has decided to consent for my boyfriend and i to get married. I am 15 years old and he is 16. both sets of parents are willing to consent, but everytime i call the clerk of courts to get information on hold old i have to be with consent and things of that nature, i get told different ages i have to be.. i have even contacted to South Carolina State Bar and they said 14 for a female and 16 for a male. I am not sure and i need help with this issue. Any help for SOUTH CAROLINA MARRIAGE LAWS, would be greatly appreciated.

[rmet4nzkx]

The age of consent for marriage with parent's permission is 14 for females and 16 for males, have you called the probate judge? Here are the statutes:

Application Requirement: Both parties to a marriage should appear in person at the office of a South Carolina County Probate Judge and file a written application. This application asks for the full name, social security number, age, and place of residence of both the bride and the groom. It is a sworn statement that must be signed by both the bride and the groom and notarized in the office of the Probate Judge.

Fees: $15 - Cash Only.

Waiting Period: There is a 24-hour waiting period after the application is filed before the license can be picked up and the marriage can take place. If you want to get married on a weekend, make sure you apply for a marriage license by Thursday so you can pick up your license by Friday.

Blood Tests: No blood test or physical exam is required.

Under 18: If you are under the age of 18, parental consent can be granted for boys who are at least 16 years old and for girls who are at least 14 years old. All minor applicants must file an original birth certificate or a certified copy of their birth certificate, which becomes a part of their permanent application record. The parent or legal guardian of a minor applicant must appear at the same time as the minor to present identification and sign a form consenting to the marriage.



(Title 20) Chapter 1

Section 20-1-210. License required for marriage.

It shall be unlawful for any persons to contract matrimony within this State without first procuring a license as is herein provided and it shall likewise be unlawful for anyone whomsoever to perform the marriage ceremony for any such persons unless such persons shall first have delivered to the party performing such marriage ceremony a license as is herein provided duly authorizing such persons to contract matrimony....

Section 20-1-220. Written application required twenty-four hours prior to issuance of license.

No marriage license may be issued 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. The application must be signed by both of the contracting parties and shall contain the same information as required for the issuing of the license including the social security numbers, or the alien identification numbers assigned to resident aliens who do not have social security numbers, of the contracting parties. The license issued, in addition to other things required, must show the hour and date of the filing of the application and the hour and date of the issuance of the license. The application must be kept by the probate judge or clerk of court as a permanent record in his office. A probate judge or clerk of court issuing a license contrary to the provisions, upon conviction, must be fined not more than one hundred dollars or not less than twenty-five dollars, or imprisoned for not more than thirty days or not less than ten days.

Section 20-1-230. Issuance of license.

1. Upon the filing of the application required under the provisions of Section 20-1-220,
2. the lapse of at least twenty-four hours thereafter,
3. the payment of the fee provided by law, and
4. the filing of a statement, under oath or affirmation, to the effect that the persons seeking the contract of matrimony are legally entitled to marry, together with the full names of the persons, their ages and places of residence, the judge of probate or clerk of court with whom the application was filed shall issue a license for the marriage of such persons.

Section 20-1-240. Applicants shall receive family planning information.

All authorized offices, officials, or individuals empowered to issue a marriage license shall, at the time of issuance thereof, provide to applicants for marriage licenses, family planning information. This information shall be supplied to the issuing officials by the Department of Health and Environmental Control.

Section 20-1-250. Applicants under age of consent; consent of relative or guardian.

No such license shall be issued when the woman or child woman is under the age of fourteen or when the male is under the age of sixteen, provided that when the female applicant is between the ages of fourteen to eighteen and when the male applicant is between the ages of sixteen to eighteen and when the applicant resides with father or mother, or other relative or guardian, the probate judge or other officer authorized to issue marriage licenses shall not issue a license for the marriage until furnished with a sworn affidavit signed by such father, mother, other relative or guardian giving his or her consent to the marriage.

Section 20-1-260. Proof of age required of minor applicant.

The probate judge or any other officer authorized by law to issue marriage licenses shall not issue any license to any applicant under the age of eighteen years until he has filed a birth certificate, or a hospital or baptismal certificate which has been issued and dated within one year after birth, or a certified copy thereof, showing that he is of lawful age, which shall be filed in the records of his office with the application for such license. Provided, when an original birth, baptismal or hospital certificate is presented a copy of it shall be made and the original returned to the applicant. If the applicant shall certify in writing to the probate judge or such officer that he, after diligent effort, is unable to obtain a birth certificate or a hospital or baptismal certificate, the applicant shall then be required to have his parents, legal guardian or person with whom he resides execute an affidavit before any person authorized by law to administer an oath and under seal, which affidavit shall contain such information as will establish the age of the applicant. Provided, further, that upon the request of the applicant, any original birth, baptismal or hospital certificate presently on file with the court may be copied and the original returned to the applicant.

Persons applying for marriage licenses in lieu of furnishing birth certificates or hospital or baptismal certificates may present the following: military service identification card; selective service identification card; passports and visas.

Section 20-1-270. Proof of age required of applicant over age eighteen and under age twenty-five.

All persons over eighteen years of age and under twenty-five years of age shall furnish documentary evidence to the probate judge or any other officer authorized under the law to issue marriage licenses which shall prove the age of the applicant to the satisfaction of such probate judge or other officer. The probate judge or other officer shall enter upon the record of the application a brief description of evidence submitted.

Section 20-1-280. Penalty for furnishing false affidavit.

Any person furnishing the probate judge or any other officer authorized under the law to issue marriage licenses with a false affidavit shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in the sum of one hundred dollars.


Section 20-1-300. Issuance of license to unmarried female and male under eighteen years of age when female is pregnant or has borne a child.

Notwithstanding the provisions of SECTIONS 20-1-250 to 20-1-290, a marriage license may be issued to an unmarried female and male under the age of eighteen years who could otherwise enter into a marital contract, if such female be pregnant or has borne a child, under the following conditions:

1. The fact of pregnancy or birth is established by the report or certificate of at least one duly licensed physician;
2. She and the putative father agree to marry;
3. Written consent to the marriage is given by one of the parents of the female, or by a person standing in loco parentis, 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;
4. Without regard to the age of the female and male; and
5. Without any requirement for any further consent to the marriage of the male.

Section 20-1-310. Form of license and certificate.

The form of license and certificate of marriage shall be prescribed and furnished by the State Registrar and shall contain information required by the standard certificate as recommended by the national agency in charge of vital statistics, all of which are declared necessary for registration, identification, legal, health and research purposes, with such additions as are necessary to meet requirements imposed by the State.

Section 20-1-340. Record of license and certificate kept by probate judge or clerk of court.

The probate judge or clerk of court who issued any such license shall, upon the return of the two copies to him by the person who performs the wedding ceremony, record and index such certificate in a book kept for that purpose and send one copy to the Division of Vital Statistics of the Department of Health and Environmental Control within fifteen days after the marriage license is returned to his offices. The judge of probate shall issue a certified copy of any such license and certificate to any person and he may charge the sum of fifty cents for so doing unless otherwise prohibited by law.

Section 20-1-350. Filing of license and certificate and issuance of certified copies thereof by Department of Health and Environmental Control.

[Wolflmg]

Why on earth would you want to get married at such a young age, even if you are pregnant or have a child that still is no reason to get married so young. In most cases like this, people that marry real young end up divorceing each other down the line.

Are you really sure this is something you want at 15?

[kpepperz]

The more pressing issue is what in the hell is wrong with the two sets of parents that are consenting to this madness??Another case of mommy and daddy wanting to be their kids "friends" instead of the parents they need to be? What in the heck is this world coming to???

[I AM ALWAYS LIABLE]

Originally Posted by kpepperz

The more pressing issue is what in the hell is wrong with the two sets of parents that are consenting to this madness??Another case of mommy and daddy wanting to be their kids "friends" instead of the parents they need to be? What in the heck is this world coming to???

My response:

In South Carolina, like most everywhere in the South, it's the same disease - - "Trailer Trash Syndrome". There is no cure. It's terminal.

IAAL

[ablessin]

Let me ask you something..... Have you REALLY thought about this?
Given your ages, you're probably BOTH in high school...... HOW are you planning on living? You can't work part time and cover rent, groceries and utilities...... Are you planning on living as a young married couple with mom and dad for the next 3-4 years? How fun is that!

Is getting married to you just something cute to do? Because Spears did it and annuled it the next day?! Nice example these "stars" are setting.

I'd just like to know why you can't just date, what is the need to rush into marriage and how are you going to pay for things? You're not even old enough to work many hours at 15 - - -In NYS you are VERY limited at 15 at what you can do, how many hours a week, etc.

Who is paying for your marriage license?????