When couples begin their relationship together in a state that does not recognize common law marriage, it does not automatically transform into a common law marriage when they move to a state that does recognize it. The South Carolina Supreme Court held in Callen v. Callen (2005 S.C. Lexis 265) that an impediment to marriage must be removed in a common law marriage, just as in a “regular” marriage, and afterward, there must be a new mutual agreement either by way of a civil ceremony or a new agreement to enter into a common law marriage. The full text of this opinion may be read here.

This post was contributed by Ben Stevens of Turnipseed, Brannon & Stevens. He is the author of the South Carolina Family Law Blog.

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