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  1. #1
    Join Date
    May 2005

    Default Lost Marriage License

    I was married 14yrs ago, my husband passed away a few years ago. After we married, I found out the person that married us never sent the marriage certificate to the probate office. I just found this out because I lost my copy while moving and tried to get another one (thru the Dept of Vital Records-we were married in South Carolina), and was told there was no copy on file. So I called the probabe office in the county I was married in and spoke with the probabte clerk, whio advised me (AFTER speaking with the judge) the If I brought the person who married us to the probabte office and get him to fill out an affidavit and get it notarized, they would issue me a license) Now I mind you, I no longer live in SC, but in NY, so I came back to SC to get this straightened out, and now the clerk and the judge are saying they don't know if they can issue me a license since my husband is deceased. (That was my main reason of calling them before I made the trip down here to SC, otherwise I would never have come down here. The clerk assured me this would be no problem, she even called me back to verify that they would be able to do this!) Please advise as to what my next steps would be to get a license....I have my social security card that shows my name change (and i believe that change could not have taken place without showing proof of marriage) Thanks in advance for the help!!!

  2. #2
    Join Date
    Mar 2005

    Default Proving Marriage in South Carolina

    The South Carolina code provides:
    Quote Quoting Domestic Relations Code
    SECTION 20-1-570. Establishment of official record of marriages.

    An official record of any marriage contracted in this State prior to June 30, 1911 or of any marriage so contracted subsequent to said date when a certificate of the performance thereof has not been filed may be made and established in the manner hereinafter prescribed.

    The official record of marriage may be established by filing with the official whose duty it is to record marriages in the county in which the marriage was contracted (a) an affidavit of one or more of the witnesses to the marriage, (b) an affidavit of two or more reputable persons who were informed of the marriage and have knowledge that the persons so claiming to be married have lived together as husband and wife or (c) a certificate from the person officiating at the marriage if he were a minister of the Gospel or person qualified by law to administer an oath.

    No more than the sum of one dollar shall be charged by the recording official for the establishment of such record.
    The statute does not indicate, on its face, that this cannot be done if one of the spouses is deceased. The Court may be concerned about possible fraud, or what effect an after-the-fact registration of a marriage might have on inheritance rights; unfortunately, you may need to work with a local lawyer to get this resolved.

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