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South Carolina
Judicial Department
27908 - Stone v. Thompson
27908 - Stone v. Thompson

This case initially came to the Court to consider whether an order from a bifurcated hearing determining the existence of a common-law marriage was immediately appealable. In Stone v. Thompson, 426 S.C. 291, 826 S.E.2d 868 (2019), we held it was and retained jurisdiction to consider the merits. We must now determine whether the family court was correct in finding Susan Thompson and Marion Stone were common-law married in 1989, as well as whether Stone was entitled to an award of attorney's fees. Our review in this case has prompted us to take stock of common-law marriage as a whole in South Carolina, and we believe the time has come to join the overwhelming national trend and abolish it, although we do so purely prospectively. As a result, the case before us remains. We do not believe Stone demonstrated the mutual assent required to prove a common-law marriage, and as a result, we hold the parties were not married and reverse the family court on the merits and as to the issue of attorney's fees.