Sears v. Sears

*989Plaintiff contends that a common-law marriage was created between the parties during their trips to South Carolina for short periods of time in 1986, 1990, 1991, 1993 and 1994. At trial plaintiff testified that, during those trips, the parties cohabited together in South Carolina and engaged in a “presex” ritual wherein they expressed their love for each other. Plaintiff would also tell defendant that she considered him her husband, and defendant indicated that he considered plaintiff his wife.

In order to establish the existence of a common-law marriage in South Carolina, the proponent must…