South Carolina allows remarriage immediately after a divorce becomes final with no mandatory waiting period. Once a judge signs the final divorce decree and the clerk of court files it, both parties return to single status and may obtain a marriage license as soon as the next day. The only delay is the standard 24-hour processing period between applying for a marriage license and receiving it, which applies to all marriage applicants in South Carolina regardless of divorce history. This guide covers everything you need to know about remarriage after divorce in South Carolina, including marriage license requirements, alimony implications, bigamy laws, and practical steps for starting your new chapter.
Key Facts: Remarriage After Divorce in South Carolina
| Requirement | Details |
|---|---|
| Remarriage Waiting Period | None — remarry immediately after final decree |
| Marriage License Fee | $40–$120 depending on county and residency |
| Marriage License Processing | 24-hour waiting period after application |
| Divorce Residency Requirement | 1 year (or 3 months if both spouses reside in SC) |
| No-Fault Divorce Ground | 1 year continuous separation |
| Property Division | Equitable distribution (fair, not equal) |
| Alimony Termination on Remarriage | Automatic for periodic alimony under S.C. Code § 20-3-130 |
| Bigamy Penalty | 6 months to 5 years imprisonment under S.C. Code § 16-15-10 |
When Can You Legally Remarry After Divorce in South Carolina?
South Carolina imposes no waiting period for remarriage after divorce under state law. Once the family court judge signs your final divorce decree and the clerk of court officially files it, you are legally single and eligible to marry again. Unlike Texas, which requires a 30-day waiting period after the decree, or California, which mandates a 6-month minimum from service of papers, South Carolina permits remarriage the very next day after finalization. The only practical delay comes from the standard marriage license application process, which requires a 24-hour waiting period between submitting your application and receiving the license per S.C. Code § 20-1-230.
Your divorce is final when three conditions are met: the judge has signed the decree, the decree has been filed with the clerk of court, and any appeal period has expired without challenge. In South Carolina, parties generally have 30 days to file a motion to alter or amend the judgment. While technically you can remarry before this appeal window closes, doing so carries some risk if your former spouse challenges the divorce. Most family law attorneys recommend waiting at least 30 days after the decree is filed before obtaining a new marriage license to ensure no appeals disrupt your new marriage's validity.
South Carolina Marriage License Requirements for Previously Divorced Applicants
Obtaining a marriage license in South Carolina after divorce requires proving you are legally single. South Carolina probate courts issue marriage licenses, and each county may have slightly different documentation requirements. However, the core statutory requirements under S.C. Code § 20-1-210 apply statewide: both applicants must appear in person, both must be at least 18 years old, both must sign the application under oath, and both must pay the required fee.
For previously divorced applicants, you must indicate on the application that this is not your first marriage. While South Carolina does not require you to submit your divorce decree with the application in all counties, many county probate judges request legal proof of divorce. Greenville County, for example, may ask to see a certified copy of your final decree. Charleston County typically accepts a sworn statement. Contact your local probate court directly to confirm their specific requirements before your appointment.
Marriage License Fees by County (As of April 2026)
| County Type | Typical Fee Range | Example Counties |
|---|---|---|
| County Resident | $40–$55 | Bamberg ($45), Greenville ($50), Horry ($55) |
| SC Resident (Other County) | $75–$80 | Greenville ($75), Horry ($80) |
| Out-of-State Resident | $115–$120 | Greenville ($115), Horry ($120) |
As of April 2026, verify all fees with your local probate court. Fees include a $20 contribution to South Carolina's Domestic Violence Fund mandated by state law. Most counties accept cash, checks, or credit cards, though Bamberg County requires cash payment only.
How Remarriage Affects Alimony in South Carolina
Remarriage triggers automatic termination of periodic alimony in South Carolina under S.C. Code § 20-3-130. If you are receiving monthly spousal support payments, those payments stop immediately upon your remarriage without requiring any court action. The paying spouse's obligation ends by operation of law on your wedding date. However, not all alimony types terminate automatically, making it essential to understand which category applies to your situation.
South Carolina recognizes four distinct types of alimony, each with different remarriage implications:
Alimony Types and Remarriage Termination Rules
| Alimony Type | Terminates on Remarriage? | Details |
|---|---|---|
| Periodic Alimony | Yes — automatic | Most common type; terminates upon remarriage or 90+ days cohabitation |
| Rehabilitative Alimony | Yes — automatic | Time-limited support; terminates on remarriage |
| Reimbursement Alimony | Yes — automatic | Repays specific contributions; terminates on remarriage |
| Lump-Sum Alimony | No | Vested financial award; survives remarriage |
If you receive lump-sum alimony, your remarriage has no effect on those payments. Lump-sum awards are considered vested property settlements rather than ongoing support, so they continue regardless of your marital status. If you receive periodic alimony and plan to remarry, you must notify your former spouse of the marriage. Continuing to accept alimony payments after remarriage could expose you to civil liability for unjust enrichment.
Cohabitation as Alternative to Remarriage
South Carolina law treats extended cohabitation similarly to remarriage for alimony purposes. Under S.C. Code § 20-3-130, living with a romantic partner for 90 or more consecutive days constitutes "continued cohabitation" and terminates periodic, rehabilitative, and reimbursement alimony. Courts may also find cohabitation exists if you periodically separate specifically to avoid the 90-day threshold. If you are receiving alimony and considering moving in with a new partner before marriage, understand that this decision may end your support payments just as remarriage would.
Bigamy Laws: What Happens If You Remarry Before Your Divorce Is Final
Remarrying before your divorce is legally finalized constitutes bigamy in South Carolina, a serious felony offense under S.C. Code § 16-15-10. Bigamy occurs when a person enters into marriage while still legally married to another person. The penalty upon conviction ranges from 6 months to 5 years imprisonment, plus a fine of not less than $500. Beyond criminal penalties, any marriage entered into while you are still legally married is void from its inception, meaning it has no legal effect.
The statute provides three narrow defenses to bigamy charges: the prior marriage was entered before the defendant reached the age of consent; the prior spouse is serving a life sentence in prison; or the prior marriage was annulled or dissolved by a court with proper jurisdiction. Simply believing your divorce was final is not a defense. Before remarrying, always verify your divorce decree has been signed by the judge and officially filed with the clerk of court. Request a certified copy of your final decree if you have any doubt about your marital status.
Timeline: From Divorce Filing to Remarriage in South Carolina
Understanding the complete timeline from divorce filing to remarriage helps you plan realistically. South Carolina divorce proceedings vary significantly in duration based on whether you pursue an uncontested no-fault divorce or a contested divorce with disputed issues.
Divorce Timeline Overview
| Divorce Type | Minimum Timeline | Notes |
|---|---|---|
| Uncontested (No-Fault) | 13–15 months | 1 year separation + 30-day waiting period after filing |
| Contested (No-Fault) | 15–24 months | 1 year separation + litigation time |
| Contested (Fault-Based) | 4–18 months | No separation required; 90-day minimum after filing |
For no-fault divorce based on one year of continuous separation under S.C. Code § 20-3-10(5), the separation period must be completed before filing. Once filed, the court may grant the divorce after 30 days. For fault-based grounds (adultery, desertion, physical cruelty, habitual drunkenness), there is no separation requirement, but the court cannot finalize the divorce until 90 days after filing per South Carolina procedural rules.
Steps from Final Decree to New Marriage
- Judge signs divorce decree (Day 0)
- Clerk of court files decree (same day or Day 1)
- 30-day appeal period begins (optional waiting period)
- Apply for marriage license at probate court (Day 1+)
- 24-hour processing period for license (mandatory)
- Receive marriage license and schedule ceremony (Day 2+)
- Marriage ceremony performed (anytime after license issued)
- Marriage license returned to probate court within 30 days
Practical Steps for Remarriage After Divorce in South Carolina
Remarriage after divorce involves more than obtaining a marriage license. Taking the right steps ensures your new marriage starts on solid legal footing and that all necessary updates to your legal identity are completed.
Before Applying for a Marriage License
Obtain at least two certified copies of your final divorce decree from the clerk of court in the county where your divorce was granted. The fee is typically $5-$10 per certified copy. You will need these for the marriage license application (if required by your county), Social Security name change (if applicable), and your personal records. Confirm your local probate court's specific requirements by calling ahead, as documentation requirements vary by county.
Documents to Bring to the Probate Court
Both applicants should bring valid government-issued photo identification such as a driver's license or passport. If you were previously married, be prepared to state how many times you have been married and how each marriage ended, though not all counties require documentary proof. Both parties must appear in person and sign the application under oath, affirming that you are legally entitled to marry.
After the Marriage Ceremony
The officiant must return the signed marriage license to the probate court within 30 days of the ceremony. The probate court then records the marriage and issues a marriage certificate upon request. The fee for a certified copy of your marriage certificate is typically $5 per copy.
Name Change Considerations After Remarriage
If you changed your name after your divorce (such as resuming your maiden name) and now wish to take your new spouse's surname, you can accomplish this through your new marriage license. Under South Carolina law, the marriage license itself serves as legal proof of your name change when adopting your new spouse's surname.
If you did not resume your maiden name in your divorce decree and wish to do so now before remarrying, you have two options. First, you can petition the family court for a standalone name change under S.C. Code § 15-49-10, which requires 6 months of South Carolina residency, a background check through SLED (costing $25), and a court hearing. This process typically takes 2-3 months. Second, you can wait until remarriage and take your new spouse's name through the marriage license process without any additional court proceedings.
Name Change Document Updates After Remarriage
| Document | Agency | Requirements | Fee |
|---|---|---|---|
| Social Security Card | Social Security Administration | Form SS-5, certified marriage certificate, ID | Free |
| Driver's License | SC DMV | New marriage certificate, current license | $10-$25 |
| Passport | U.S. Department of State | Form DS-82 or DS-11, marriage certificate | $130-$165 |
| Voter Registration | SC Election Commission | Online update or mail form | Free |
| Bank Accounts | Your financial institutions | Varies by institution | Typically free |
Always update your Social Security card first, as many other agencies require your Social Security records to match before processing name changes.
Child Custody and Support Considerations When Remarrying
Remarriage does not automatically modify child custody or child support orders from your prior marriage. Your custody arrangement and parenting plan remain in effect regardless of your new marital status. However, remarriage may create practical implications worth discussing with a family law attorney.
Remarriage can trigger a child support modification request under South Carolina's child support guidelines if the paying parent's household income substantially changes or if the new spouse contributes significantly to household expenses, potentially affecting the paying parent's ability to pay. The receiving parent's remarriage does not terminate child support, as support belongs to the child, not the parent. Only the emancipation of the child, typically at age 18 or high school graduation up to age 19, terminates child support.
If your parenting plan includes right of first refusal provisions or restrictions on overnight guests, review these carefully before remarrying. Some parenting plans require notification to the other parent before introducing children to a new significant other or before a new partner moves into the home.
Common Mistakes to Avoid When Remarrying After Divorce
Rushing into remarriage before proper divorce finalization causes the most serious legal problems. Never assume your divorce is final simply because you attended a hearing or because your attorney told you it was done. Always request a file-stamped certified copy of your final divorce decree from the clerk of court. The decree is not final until it bears the judge's signature and the clerk's filing stamp.
Failing to update estate planning documents creates significant problems if something happens to you. Your new marriage does not automatically revoke designations naming your former spouse as beneficiary on life insurance policies, retirement accounts, or transfer-on-death designations. Update all beneficiary designations promptly after remarriage to ensure your new spouse is protected.
Neglecting to notify your former spouse of remarriage when receiving alimony can result in civil liability. If you continue accepting periodic alimony payments after remarriage, you may be required to repay those amounts plus interest. Provide written notice to your former spouse (and their attorney if applicable) of your remarriage date.
Frequently Asked Questions
How long do I have to wait to remarry after divorce in South Carolina?
South Carolina has no waiting period to remarry after divorce. Once the judge signs your final decree and it is filed with the clerk of court, you may apply for a marriage license immediately. The only delay is the standard 24-hour waiting period between your marriage license application and issuance, which applies to all applicants in South Carolina.
Do I need to show my divorce decree to get a marriage license in South Carolina?
Requirements vary by county. Some South Carolina probate courts, such as Greenville County, may request proof of divorce. Others, like Charleston County, typically accept a sworn statement. Contact your local probate court before your appointment to confirm their specific documentation requirements. Bringing a certified copy of your divorce decree is always advisable.
Will remarriage stop my alimony payments in South Carolina?
Remarriage automatically terminates periodic, rehabilitative, and reimbursement alimony in South Carolina under S.C. Code § 20-3-130. Lump-sum alimony is not affected by remarriage because it is considered a vested property settlement. Payments stop on your wedding date by operation of law.
What happens if I remarry before my divorce is final in South Carolina?
Remarrying while still legally married constitutes bigamy under S.C. Code § 16-15-10, a felony punishable by 6 months to 5 years imprisonment and a fine of at least $500. Additionally, your second marriage would be void from its inception, having no legal effect. Always verify your divorce is final before remarrying.
How much does a marriage license cost in South Carolina after divorce?
Marriage license fees range from $40 to $120 depending on your county and residency status. County residents typically pay $40-$55, South Carolina residents from other counties pay $75-$80, and out-of-state residents pay $115-$120. As of April 2026, verify current fees with your local probate court.
Can I change my name when I remarry in South Carolina?
Yes. Your marriage license serves as legal documentation to change your surname to your new spouse's name without any additional court proceedings. After the marriage, use your certified marriage certificate to update your Social Security card, driver's license, passport, and other documents.
Does living with someone affect my alimony like remarriage does?
Yes. Under South Carolina law, cohabiting with a romantic partner for 90 or more consecutive days terminates periodic, rehabilitative, and reimbursement alimony, the same as remarriage. Courts may also find cohabitation if you periodically separate specifically to avoid the 90-day requirement.
Will my remarriage affect my child support from my ex-spouse?
No. Your remarriage does not terminate or modify child support payments because support belongs to the child, not the custodial parent. Child support continues until the child reaches 18 or graduates high school (up to age 19) unless modified by court order based on a substantial change in circumstances.
How long does it take to get divorced in South Carolina before I can remarry?
For no-fault divorce, you must live separately for one continuous year before filing, then wait 30 days after filing for finalization. Total minimum: approximately 13 months. Contested fault-based divorces have no separation requirement but require a 90-day minimum after filing and may take 6-18 months depending on complexity.
Can my ex-spouse object to my remarriage in South Carolina?
No. Once your divorce is final, your ex-spouse has no legal standing to object to your remarriage. However, your ex-spouse can object to your divorce during the 30-day appeal period after the decree is filed. If your ex-spouse files an appeal challenging the divorce itself, consult an attorney before remarrying.
This guide provides general legal information about remarriage after divorce in South Carolina as of April 2026. Laws and court fees may change. Consult a licensed South Carolina family law attorney for advice specific to your situation.