The answer is, maybe, maybe not. A notary can perform marriages in SC. However, was there a marriage license? Even if the ceremony was not legal, if you have been acting as a married couple (as in joint checking accounts, introducing each other as your spouse, wearing rings, etc) then you may be common law married in SC, and may been a divorce. You should speak with a family law attorney to fully discuss the situation to see if you need to be divorced if you have split.
Answered on Sep 24th, 2013 at 4:01 PM