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lynn25244
Jan 21, 2013, 08:42 PM
If the Male is 23 and the Female is 14 and if the Mother leaves the state and gives consent to marry with the two is it legal the marriage certificate says legal and binding, so can they get in trouble there is also a baby on the way . The Female lied to the Male about the age and did not come clean until pregnant just curious. The part is from W.V and were married in S.C where you can marry at age 14 with consent .

Alty
Jan 21, 2013, 08:49 PM
W.V and S.C?

Can you be more specific, this is an international site.

teacherjenn4
Jan 21, 2013, 08:57 PM
W.V and S.C?

Can you be more specific, this is an international site.

I'm going to guess West Virginia and South Carolina.

lynn25244
Jan 21, 2013, 09:00 PM
W.V and S.C?

Can you be more specific, this is an international site.

I know some people (Man and woman) who left the state of W.V and went to South Carolina, along with the girls Mother who had a paper notarized from he husband and herself before leaving the state. The Mother consented to the marriage she signed and waited 24 hours for papers or marriage license I should say, then couple was married their ages were 23 and 14 and child on the way. Im sorry I am not great at grammar.

Alty
Jan 21, 2013, 09:01 PM
Well, in South Carolina this is the law;


The age of consent in South Carolina is 16 and there is no close in age exemption. It is a Class D felony for an adult to have sex with a child below the age of 16.

The age of consent in West Virginia is also 16.

So either way, the OP (original poster) has committed statutory rape if the 14 year old is pregnant with his child.

lynn25244
Jan 21, 2013, 09:02 PM
I'm going to guess West Virginia and South Carolina.

Yes I'm sorry

lynn25244
Jan 21, 2013, 09:05 PM
Well, in South Carolina this is the law;



The age of consent in West Virginia is also 16.

So either way, the OP (original poster) has committed statutory rape if the 14 year old is pregnant with his child.

Just wondering because the S.C site says you can marry with consent at age 14

Alty
Jan 21, 2013, 09:05 PM
To marry in South Carolina, here is the law:

If you are under 18, you will need a certified copy of your birth certificate and a notarized statement of parental consent.

The minimum age for a female is 15 and it is 16 for a male.

In West Virginia:

18, 16 with parental or guardian consent. Special provisions allow marriage for underage parties when the female is pregnant and for situations in which underage applicants have no parent or legal guardian.

Alty
Jan 21, 2013, 09:06 PM
Just wondering because the S.C site says you can marry with consent at age 14

Really? That's not what I found. What site did you look at?

lynn25244
Jan 21, 2013, 09:11 PM
Really? That's not what I found. What site did you look at?
Marriage laws in South Carolina. I did not get on here to ruffle feathers I just ask a question because I was curious and the couple had birth certificates, social security cards and were married by a Justice of Peace.

Alty
Jan 21, 2013, 09:13 PM
Marriage laws in South Carolina. I did not get on here to ruffle feathers I just ask a question because I was curious and the couple had birth certificates, social security cards and were married by a Justice of Peace.

You're not ruffling any feathers. I simply asked what site you went to, because you stated that in South Carolina you can marry at 14 with consent, and that's not what I found.

Alty
Jan 21, 2013, 09:16 PM
http://www.google.ca/url?sa=t&rct=j&q=Marriage+laws+in+South+Carolina&source=web&cd=2&cad=rja&ved=0CDUQFjAB&url=http%3A%2F%2Fwww.scstatehouse.gov%2Fcode%2Ft20 c001.php&ei=-BH-UMD0GIaKjALPu4DQDg&usg=AFQjCNF9OD9yAnyImE0a82VEfZK7rxokfw

You should read this, particularly this section;


SECTION 20-1-100. Minimum ages for valid marriage.

Any person under the age of sixteen is not capable of entering into a valid marriage, and all marriages hereinafter entered into by such persons are void ab initio. A common-law marriage hereinafter entered into by a person under the age of sixteen is void ab initio.

lynn25244
Jan 21, 2013, 09:16 PM
You're not ruffling any feathers. I simply asked what site you went to, because you stated that in South Carolina you can marry at 14 with consent, and that's not what I found.

Go back to the site marriage laws in South Carolina and read down to where it talks about being under the age of 18 and it looks to me if it was illegal they would have been turned down or arrested.

teacherjenn4
Jan 21, 2013, 09:16 PM
Just wondering because the S.C site says you can marry with consent at age 14

It looks like there was an amendment passed in 2008 that changed it to 16.

Alty
Jan 21, 2013, 09:18 PM
Go back to the site marriage laws in south carolina and read down to where it talks about being under the age of 18 and it looks to me if it was illegal they would have been turned down or arrested.

I urge you to look at the actual law.

http://www.google.ca/url?sa=t&rct=j&q=Marriage+laws+in+South+Carolina&source=web&cd=2&cad=rja&ved=0CDUQFjAB&url=http%3A%2F%2Fwww.scstatehouse.gov%2Fcode%2Ft20 c001.php&ei=-BH-UMD0GIaKjALPu4DQDg&usg=AFQjCNF9OD9yAnyImE0a82VEfZK7rxokfw


SECTION 20-1-100. Minimum ages for valid marriage.

Any person under the age of sixteen is not capable of entering into a valid marriage, and all marriages hereinafter entered into by such persons are void ab initio. A common-law marriage hereinafter entered into by a person under the age of sixteen is void ab initio.

Wondergirl
Jan 21, 2013, 09:19 PM
SECTION 20-1-100. Minimum ages for valid marriage.

Any person under the age of sixteen is not capable of entering into a valid marriage, and all marriages hereinafter entered into by such persons are void ab initio. A common-law marriage hereinafter entered into by a person under the age of sixteen is void ab initio.

HISTORY: 1997 Act No. 95, Section 1, eff June 11, 1997; 2000 Act No. 397, Section 1, eff August 17, 2000.

South Carolina Legislature Mobile (http://www.scstatehouse.gov/code/t20c001.php)

lynn25244
Jan 21, 2013, 09:20 PM
SECTION 20-1-100. Minimum ages for valid marriage.

Any person under the age of sixteen is not capable of entering into a valid marriage, and all marriages hereinafter entered into by such persons are void ab initio. A common-law marriage hereinafter entered into by a person under the age of sixteen is void ab initio.

HISTORY: 1997 Act No. 95, Section 1, eff June 11, 1997; 2000 Act No. 397, Section 1, eff August 17, 2000.

South Carolina Legislature Mobile (http://www.scstatehouse.gov/code/t20c001.php)

So how is it I'm wondering they went and waited 24 hours and got married with Mother of bride at her side.

Wondergirl
Jan 21, 2013, 09:21 PM
Who married them?

Alty
Jan 21, 2013, 09:22 PM
So how is it im wondering they went and waited 24 hours and got married with Mother of bride at her side.

Don't know. You'd have to ask the justice of the peace, and the parties involved. My guess would be they lied about her age, or faked documents, or just had a ceremony.

The way I'm reading it, they can have a ceremony, it's just not legal until she's 16. So they had a ceremony, but they're not legally married.

lynn25244
Jan 21, 2013, 09:25 PM
Don't know. You'd have to ask the justice of the peace, and the parties involved. My guess would be they lied about her age, or faked documents, or just had a ceremony.

The way I'm reading it, they can have a ceremony, it's just not legal until she's 16. So they had a ceremony, but they're not legally married.

No not fake. I saw the real documents legal and binding. I saw the documents with my own eyes.

lynn25244
Jan 21, 2013, 09:29 PM
No not fake. I saw the real documents legal and binding. I saw the documents with my own eyes. seal on document marriage license and all.

lynn25244
Jan 21, 2013, 09:36 PM
seal on document marriage license and all.The baby's Mother took proof of pregnancy and showed it to the people there while applying for license.

ScottGem
Jan 22, 2013, 04:31 AM
The babys Mother took proof of pregnancy and showed it to the people there while applying for license.

I can't find anything in SC law that would allow a marriage or even a marriage license for someone under 16. Even with proof of pregnancy.

What is your concern in this? If the state of SC issued the certificate it could be invalid and the marriage annulled.

Without use seeing the documents or talking to the JP who performed the marriage, we can't tell you why it happened. We can only review the law and report what the law says.

Fr_Chuck
Jan 22, 2013, 08:48 AM
I can not see where the marriage can be valid, if there was any false documents given.
Also it may appear that the clerk was in error of giving the license.
* including the entire issue of minor leaving state to be married, which is another problem.

My feelings is that this marriage could be challenged on several grounds, Also the sex and pregnancy happened prior to marriage, so the act of statutory rape still happened before there was any marriage protection.

So the marriage gives the man no protection, and I suspect the marriage could be challenged if someone wanted to

ScottGem
Jan 22, 2013, 10:03 AM
Clearly this marriage was to protect the 23 yr old for a statutory rape charge. Whether it worked depends on whether someone, including a prosecutor wants to press charges.

AK lawyer
Jan 22, 2013, 11:49 AM
To marry in South Carolina, here is the law:

If you are under 18, you will need a certified copy of your birth certificate and a notarized statement of parental consent.

The minimum age for a female is 15 and it is 16 for a male.

...


"SECTION 20-1-100 Minimum ages for valid marriage.

Any person under the age of sixteen is not capable of entering into a valid marriage, and all marriages hereinafter entered into by such persons are void ab initio. A common-law marriage hereinafter entered into by a person under the age of sixteen is void ab initio. "

CHAPTER 1 - MARRIAGE - South Carolina Statutes (http://statutes.laws.com/south-carolina/title-20/chapter-1)
It appears that the marriage in SC was void.

As Fr_Chuck points out, even if the marriage were effective, if the conception happened before marriage, the man is probably guilty of statutory rape. One would have to know which state it was in which the sex took place to be sure.

dontknownuthin
Jan 22, 2013, 12:11 PM
No not fake. I saw the real documents legal and binding. I saw the documents with my own eyes.

Well, if she's truly under 16, the documents are not valid and binding. They might exist and say that, but if someone improperly married an underage girl, the marriage is not valid. The man is guilty of statutory rape. If you know these people, please report this to the authorities - this girl needs to get into foster care and away from the crazy adults in her life.

lynn25244
Jan 22, 2013, 02:10 PM
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Marriage License in South Carolina
ID Requirement:

Drivers License and Social Security number.

Residency Requirement:
Do not have to be a resident of South Carolina.

If previously married:
No proof of divorce is required.

Application Requirement:
Both parties to a marriage should appear in person at the office of a South Carolina County Probate Judge and file a written application. This application asks for the full name, social security number, age, and place of residence of both the bride and the groom. It is a sworn statement that must be signed by both the bride and the groom and notarized in the office of the Probate Judge.

Fees:
The fee for a South Carolina marriage license application varies depending on county. Some locales charge $50 cash for all county residents, $75 cash for state residents, and $100 cash or money order for out-of-state residents and all others.

Waiting Period:
There is a 24-hour waiting period after the application is filed before the license can be picked up and the marriage can take place. If you want to get married on a weekend, make sure you apply for a marriage license by Thursday so you can pick up your license by Friday.

Blood Tests:
No blood test or physical exam is required.

Under 18:
If you are under the age of 18, parental consent can be granted for boys who are at least 16 years old and for girls who are at least 14 years old. All minor applicants must file an original birth certificate or a certified copy of their birth certificate, which becomes a part of their permanent application record. The parent or legal guardian of a minor applicant must appear at the same time as the minor to present identification and sign a form consenting to the marriage.

If you are 18 years old or older, you do not need parental consent. But you must provide proof of your age (or simply identification if you're over age 25) by presenting one of the following:

Valid driver's license;

Original birth certificate or a certified copy of your birth certificate;

Valid South Carolina identification card issued by the South Carolina Department of Public Safety;

Current military identification card;

Current passport.


Name Change:
Getting a marriage license with your new name on it does not mean your name has automatically changed. If you need to change your last name, you can use an online marriage name change kit.

Proxy Marriages:
No. Both parties must be present.

Common Law Marriage:
Yes, and both parties must be at least 16 years of age to marry.

Cousin Marriage:
Yes. First cousin.

Same Sex Marriage:
No.

Officiants:
Ministers of the gospel who are authorized to administer oaths in this state may perform marriages. Ministers must complete the marriage license and give one copy to the parties and the other two must be returned to the county judge of probate who issued it within 15 days after the marriage. Members of the Notary Public can also perform marriages in South Carolina.

Valid:

There is no expiration date for a South Carolina marriage license.
The license can only be used within the State of South Carolina.



Copy of Certificate of Marriage:
Office of Public Health Statistics and Information Systems
South Carolina Department of Health and Environmental Control
2600 Bull Street
Columbia, SC 29201
Phone: (803) 898-3630

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South Carolina Clerk's Office


Abbeville County
Abbeville, SC
864.459.4023

Aiken

ScottGem
Jan 22, 2013, 02:13 PM
Where did you get that from? It clearly goes against SC law. It looks like it is from a site that offers a compilation of state laws, but they don't guarantee accuracy. And as several of us have noted the law is VERY clear.

cdad
Jan 22, 2013, 02:21 PM
That site has old information on it. The laws have been updated.

South Carolina Marriage Consent Laws
•With Parental Consent: 16 and 17 year-olds can marry in South Carolina only with the consent of a parent.

South Carolina Marriage (http://family-law.freeadvice.com/family-law/marriage/south-carolina-marriage.htm)


•If you are under the age of 18, parental consent can be granted for boys and girls who are at least 16 years old. All minor applicants must file an original birth certificate or a certified copy of their birth certificate, which becomes a part of their permanent application record. The parent or legal guardian of a minor applicant must appear at the same time as the minor to present identification and sign a form consenting to the marriage.

South Carolina SC - How to Apply for a Marriage License (http://www.sciway.net/facts/marriagelicense.html)

cdad
Jan 22, 2013, 02:22 PM
Where did you get that from? It clearly goes against SC law. It looks like it is from a site that offers a compilation of state laws, but they don't guarantee accuracy. And as several of us have noted the law is VERY clear.

They got it from here:

South Carolina Marriage License Laws > SC Wedding Officiants (http://www.usmarriagelaws.com/search/united_states/south_carolina/index.shtml)

ScottGem
Jan 22, 2013, 02:33 PM
I would suggest sending them a link to to the law we have cited to the e-mail address they list.

lynn25244
Jan 22, 2013, 02:53 PM
Im sorry I forgot to say that I found this site I don't know where they saw or town or anything like that, but yes I do agree it is sad. Why do girls lie about age though and boy gets the bad end.

Alty
Jan 22, 2013, 03:33 PM
Im sorry I forgot to say that I found this site I dont know where they saw or town or anything like that, but yes I do agree it is sad. Why do girls lie about age though and boy gets the bad end.

Yes, the boy does get the short end of the stick, but I do have to say, I have yet to see a 14 year old that could pass for an 18 year old. So either way, the 23 year old should have known better.

No matter what, the girl is 14, she can't marry even with parental consent, and the fact that she's pregnant with this mans child, is statutory rape. Also, the marriage isn't a legal marriage.

How are you involved in this? Are you the 14 year old girl, the 23 year old boy, or just a friend or relative?

ScottGem
Jan 22, 2013, 05:57 PM
So you think this 23 yr old didn't realize the 14 yr old was underage? I find it hard to buy that. Frankly no one should be having sex with someone they don't know that well.

But we are still curious where you fit into this.