Spartanburg County Marriage License
The Spartanburg County Probate Court is the local office for marriage licenses in Spartanburg County, South Carolina. This court sits in the city of Spartanburg, the county seat, in the upstate region. The Probate Court handles a wide range of legal work beyond just marriage. It covers estates, trusts, guardianship of minors and adults who cannot care for themselves, and more. For couples who want to wed, the court takes applications, collects fees, and issues licenses. Spartanburg County keeps marriage records that go back over a hundred years. The court also has forms you can get from its website to speed up the process.
How to Apply in Spartanburg County
You can get the marriage license form from the Spartanburg County Probate Court website. Download it, fill it out, and bring it to the court. You will also need to show valid photo ID and proof of your Social Security number. Both people must appear together.
South Carolina law requires a 24-hour wait after your form is filed. The clock starts when the court marks the form as received. You cannot pick up your license on the same day you apply. Under Section 20-1-220, the written form must sit on file for at least one full day before the Probate Court can issue the license.
After the wait, return to the court. Staff will hand you the license.
Spartanburg County Filing Fee
The filing fee for a marriage license in Spartanburg County is $80. This covers the base fee and the $20 that goes to the state Domestic Violence Fund under Section 20-1-375. Call the Probate Court to confirm the current payment options before you go. Some courts take cash, checks, and cards. Others are more limited.
This fee is due when you file your form. It is not refundable.
Spartanburg License Requirements
Both people must be at least 16 years old. If one or both are under 18, a parent or legal guardian must sign a sworn statement of consent. The court will need a birth certificate or other proof of age for any minor. These rules are in Section 20-1-250 of the state code.
There is no blood test. You do not have to live in Spartanburg County or in South Carolina to apply. Out-of-state couples are welcome as long as they meet the basic rules. Bring a photo ID and your Social Security card. If you were married before, you will need a final divorce decree or a death certificate for a prior spouse.
Spartanburg County Court Jurisdiction
The Spartanburg County Probate Court does much more than issue marriage licenses. According to the South Carolina Probate directory, the court has exclusive original jurisdiction over several areas of law:
- Estates of people who have died
- Protection of minors and adults who cannot care for themselves
- Trusts
- Marriage licenses
- Involuntary commitment for mental illness, drug use, or alcohol use
- Wrongful death and survival action settlements
This broad scope means the court is busy. Call ahead or check the website to confirm hours and wait times.
Spartanburg Marriage Records
The screenshot below is from the South Carolina Probate information page for Spartanburg, which lists the court's scope and contact details.
Spartanburg County holds some of the oldest marriage records in the upstate. Historical records include marriages from 1785 to 1911, drawn from probate files. There are also newspaper records of marriages from 1866 to 1869. The formal license system started in 1911. Records from 1911 through the 1950s are on file at the court. More recent records are also kept here.
If you need a certified copy of a marriage certificate, contact the Spartanburg County Probate Court. Bring a valid ID and give the names and date from the record. The court can search its files and issue a copy.
Who Can Lead the Wedding
After you receive your license, you need an officiant. South Carolina law is strict about this. Under Section 20-1-20, only ministers of the Gospel, Jewish rabbis, officers who can give oaths in South Carolina, and the chief or spiritual leader of a state-recognized Native American Indian group may perform a ceremony.
The person who leads the wedding must sign the marriage certificate. They then return it to the Spartanburg County Probate Court for recording. The court sends a copy to the state vital records office as well. This is required by Section 20-1-340.
Premarital Course Tax Credit
South Carolina gives a one-time $50 state income tax credit to couples who finish a premarital preparation course. The course must last at least six hours. A licensed counselor or active clergy member must teach it. Both people take it together, not on their own. Finish the course within 12 months before you file for the license.
Bring proof to the Spartanburg County Probate Court when you apply. The court will note it on your license. This credit is detailed in Section 20-1-230 of state law.
State Records for Spartanburg Marriages
After a wedding takes place, the officiant must return the signed certificate to the Probate Court. The court records it and sends one copy to the South Carolina Division of Vital Records. This keeps a central record of every marriage in the state.
For marriages that took place from July 1950 through December 2023, you may also request a copy from the South Carolina Department of Public Health. The state charges a $12 search fee by mail or $17 for faster service.
For older records or family history research, the Spartanburg County Probate Court is the best local resource. The state archives in Columbia may also have older files.
Common Questions About Spartanburg Licenses
Can I apply online? The form is on the court website. You can download and fill it out at home. But you must still bring it to the court in person with both people present.
How long is the wait? The 24-hour rule is set by state law. It cannot be waived. Apply at least one business day before your planned wedding.
Does it work outside South Carolina? No. The license is only valid for a ceremony held in this state. A marriage done under a valid South Carolina license is generally recognized in all 50 states.
What if I lost my certificate? Contact the Spartanburg County Probate Court or the state vital records office for a certified copy.