Cherokee County Marriage License Guide
Cherokee County couples apply for a marriage license at the Probate Court in Gaffney, South Carolina. The court follows all state rules for issuing licenses and recording marriages. Both people must visit in person to fill out the required forms. Cherokee County sits in the northern part of the state near the North Carolina border. Marriage license records here date back to 1911, and the Probate Court keeps certified copies on file for anyone who needs one later. If you plan to get married in Cherokee County, the information on this page will help you prepare.
How to Get a Cherokee County Marriage License
Both people must go to the Cherokee County Probate Court at the same time. One person alone is not enough. Bring a valid photo ID. A driver's license or passport will work. Your Social Security card is also needed. The court clerk will provide a form for you both to complete and sign on the spot.
State law sets a 24-hour waiting period after you file. You cannot get the license on the same day. This rule is found in Section 20-1-220 of the South Carolina Code. The wait begins from the exact hour your form is received. Come back to the court after the full day has passed to collect your license.
Cherokee County License Requirements
Both applicants must be at least 16 years old. Minors between 16 and 17 need a parent or legal guardian present to sign a sworn consent form. The court will ask for a birth certificate or other proof of age. These age rules come from Section 20-1-250 of the state code.
No blood test is needed. South Carolina has no residency requirement for marriage licenses. You do not have to live in Cherokee County. Out-of-state couples are welcome to apply here. Bring your photo ID, your Social Security card, and, if you were married before, a final divorce decree or death certificate for the prior spouse.
The process is the same for all couples. There are no extra forms or steps based on where you live.
Officiants for Cherokee County Weddings
Your Cherokee County marriage license does not complete the process on its own. You still need someone qualified to lead the ceremony. Under Section 20-1-20 of state law, the following people may officiate a wedding in South Carolina:
- Ministers of the Gospel
- Jewish rabbis
- Officers allowed to give oaths in the state
- Chief or spiritual leader of a state-recognized Native American Indian group
The officiant signs the marriage certificate during or right after the ceremony. They then return the signed form to the Cherokee County Probate Court for recording.
Cherokee County Marriage Records
The Probate Court in Cherokee County stores marriage records from 1911 to the present. If you need a certified copy of your marriage certificate, visit the court with a valid photo ID. Provide the full names on the record and the marriage date. The court charges a small fee for each copy.
Below is a screenshot from the Cherokee County government website, which provides information about Probate Court services including marriage license applications.
You can also request marriage records from the state. The South Carolina Department of Public Health holds records for marriages from July 1950 through December 2023. A $12 mail search fee or $17 rush fee applies. For records older than what the state office holds, try the South Carolina Department of Archives and History.
Marriage License Fees and Payment
A $20 surcharge is added to the base marriage license fee under Section 20-1-375. This funds the state Domestic Violence Fund. The total amount may vary, so call the Cherokee County Probate Court before you visit to confirm the current fee.
Cash is accepted at most courts. Some offices also take money orders and checks. Credit card options depend on the specific court. Ask when you call so you can bring the right form of payment.
Do not forget the 24-hour wait. Bring payment on your first visit when you file the application. You will pick up the actual license on your second trip.
Premarital Course Tax Credit
South Carolina provides a one-time $50 state income tax credit for couples who take a premarital preparation course before they apply for their license. The course must be at least six hours. It must be taught by a licensed counselor or an active member of the clergy. Both people attend together.
Complete the course within 12 months before you file your application. Bring proof of completion to the Cherokee County Probate Court. The clerk will note it on your license paperwork. This benefit is found in Section 20-1-230 of the South Carolina Code of Laws.
State Vital Records and Cherokee County
After a wedding takes place, the officiant must return the signed marriage certificate to the Probate Court. The court records it and forwards a copy to the South Carolina Division of Vital Records in Columbia. This step is required by Section 20-1-340 of the state code. It creates a statewide record of the marriage.
The state vital records system is important for anyone who needs proof of marriage later. Whether you are applying for a name change, updating insurance, or handling estate matters, a certified copy from either the county or the state office will serve as legal proof. Keep your original certificate in a safe place. Replacements are available but take time to process.
Common Questions About Cherokee County Marriages
Many couples ask about online applications. Right now, Cherokee County does not offer an online option. Both people must appear at the Probate Court in person. There is no way to file by mail or phone.
The 24-hour rule cannot be waived. It is set by state law. No clerk or judge has the power to skip it. Apply at least one business day before your ceremony date.
Your Cherokee County marriage license is valid for use at any location in South Carolina. It does not limit you to Cherokee County for the wedding itself. A marriage performed under a valid South Carolina license is recognized across all 50 states.
Lost your certificate? Request a certified copy from the Cherokee County Probate Court or from the state vital records office. You will need your ID and the names and date from the record.
Cherokee County is close to the North Carolina state line. If you live across the border, you can still apply here. South Carolina has no residency requirement. Just meet the age and ID rules and you are set.