Darlington County Marriage License Records
The Darlington County Clerk of Court is the office that issues marriage licenses in Darlington County, South Carolina. Unlike most counties in the state where the Probate Court handles this task, Darlington County is one of the exceptions named in state law. The Clerk of Court office sits at the Darlington County Courthouse and handles all license applications for the area. Couples who plan to wed in Darlington County should visit this office during regular business hours. Staff will guide you through the forms and steps. If you need a copy of an older marriage certificate or want to search Darlington County marriage records, the Clerk of Court is the place to start.
Getting a Darlington County Marriage License
Both people must go to the Darlington County Clerk of Court in person. You cannot send just one party. Each person must bring a valid photo ID such as a driver's license or passport, along with a Social Security card. The office staff will provide an application form. Both parties sign it together at the counter.
Under Section 20-1-220 of the South Carolina Code, the written application must be on file for at least 24 hours before the Clerk of Court can issue the license. This waiting period is strict. You cannot pick up the license on the same day you apply. Plan to visit the office at least one full business day before you need the license.
Once the wait is over, come back to the Clerk of Court to pick up your license. It is valid for use anywhere in South Carolina.
Clerk of Court Issues Darlington Licenses
In most South Carolina counties, the Probate Court is the office that handles marriage licenses. Darlington County is different. State law specifically names Darlington and Georgetown as the two counties where the Clerk of Court takes on this role instead of the Probate Judge. Section 20-1-220 of the South Carolina Code spells this out. The statute says that the written application must be filed with the probate judge, or in Darlington and Georgetown counties, the clerk of court who issues the license.
This distinction matters if you are looking for records. Marriage license records in Darlington County are held by the Clerk of Court, not the Probate Court. If someone directs you to the Probate Court for a marriage license, they are thinking of how it works in other counties. In Darlington County, go to the Clerk of Court for both new applications and copies of older records.
Darlington County Marriage License Requirements
The rules for who can get a marriage license are set by state law and apply in every county. Both people must be at least 16 years old. If either person is between 16 and 18, a parent or legal guardian must provide a sworn affidavit of consent. The Clerk of Court will need to see a birth certificate or other proof of age for any minor applicant. These rules come from Sections 20-1-250 and 20-1-260 of the South Carolina Code.
There is no blood test in South Carolina. There is no residency rule either. You do not have to live in Darlington County or in the state. Out-of-state couples can get a license here as long as they meet the age and ID requirements. If you were married before, bring your final divorce decree or a death certificate for the prior spouse. The Clerk of Court will verify this information before processing your application.
Who Can Officiate in Darlington County
After you receive your Darlington County marriage license, you need someone legally authorized to perform the ceremony. South Carolina law limits who can do this. Under Section 20-1-20, the following people may officiate a wedding:
- Ministers of the Gospel
- Jewish rabbis
- Officers authorized to administer oaths in South Carolina
- Chief or spiritual leader of a state-recognized Native American Indian entity
The person who leads the ceremony must sign the marriage certificate. They then return it to the Darlington County Clerk of Court for recording. The Clerk sends a copy to the state Division of Vital Records within 15 days, as required by Section 20-1-340.
Darlington County Marriage License Fees
South Carolina law adds a $20 surcharge on top of the base marriage license fee. This extra amount goes to the Domestic Violence Fund under Section 20-1-375 of the state code. The total cost varies, so call the Darlington County Clerk of Court to confirm the current fee before you visit.
Most offices accept cash. Some also take money orders or checks. Credit card options depend on the office. It is best to call ahead or check the Darlington County website for the latest payment details. The fee is due when you file the application and is not refundable.
Darlington County Marriage Records and Copies
The Darlington County Clerk of Court keeps marriage records on file. If you need a certified copy of your marriage certificate, contact the office directly. You will need to provide the full names of both people on the record and the date of the marriage. Bring a valid photo ID when you visit.
The following screenshot is from the Darlington County government website, which lists contact details and services available through county offices, including the Clerk of Court that handles marriage licenses.
For marriages that took place between July 1950 and December 2023, you can also request a copy from the South Carolina Department of Public Health in Columbia. The state office charges a $12 search fee by mail or $17 for expedited service through VitalChek. For records outside that range, the Darlington County Clerk of Court is your primary source.
The 24-Hour Waiting Period
South Carolina imposes a mandatory 24-hour wait between filing a marriage license application and receiving the license. This rule applies everywhere in the state, including Darlington County. The clock starts from the exact hour and date the Clerk of Court receives your completed application. Under Section 20-1-220, no license may be issued until a full day has passed.
This means you need to plan ahead. If your wedding is on a Saturday, apply no later than Thursday so the Clerk of Court can issue the license on Friday during office hours. The waiting period cannot be waived for any reason.
Premarital Preparation Course Tax Credit
South Carolina gives couples a one-time $50 state income tax credit if they complete a qualifying premarital preparation course. The course must be at least six hours long and taught by a licensed professional counselor or an active member of the clergy. Both people must attend the course together. You must finish it within 12 months before you file the marriage license application.
When you apply at the Darlington County Clerk of Court, bring proof that you completed the course. The office will note it on your license. This credit is described in Section 20-1-230 of the South Carolina Code of Laws.
State Vital Records for Darlington Marriages
After a ceremony takes place, the officiant must return the signed marriage certificate to the Darlington County Clerk of Court. The office records the document and sends one copy to the South Carolina Division of Vital Records. This process keeps a central record of every marriage in the state and is required by Section 20-1-340.
If you are doing family history research, the Clerk of Court can help with searches through their local files. The state vital records office in Columbia and the South Carolina Department of Archives and History may also have useful documents for genealogy work. Older records can take more time to find, so allow extra time for deep research.
Common Questions About Darlington Marriage Licenses
Many couples ask if they can apply online. Right now, both people must appear in person at the Darlington County Clerk of Court. There is no online option for the marriage license application. You also cannot apply by mail or phone.
Another common question is whether the Probate Court or the Clerk of Court handles the license. In Darlington County, it is the Clerk of Court. This is different from most other counties in the state. If you visit the Probate Court by mistake, they will redirect you to the Clerk of Court.
Some couples wonder if a Darlington County marriage license works in other states. The license itself is valid only for ceremonies held in South Carolina. However, a marriage performed under a valid South Carolina license is recognized in all 50 states. You can hold the ceremony anywhere in South Carolina, not just in Darlington County.
If you lost your marriage certificate, request a certified copy from the Darlington County Clerk of Court or from the state vital records office in Columbia.