South Carolina Marriage Laws | § 20-1-540 | Adjudication Of Presumed Death. Marriage Laws

South Carolina Code of Laws 20-1-540

Adjudication of presumed death.

When a person has been married in this State or was living with his or her spouse in this State after marriage and the one has left the other and has been absent from the other for seven years, without the latter knowing or hearing anything about such absent spouse, the abandoned spouse may by an action in the court of common pleas or other court of competent jurisdiction serve the absent spouse by publication in the manner provided in Sections 15-9-710 and 15-9-740 and bring the issue as to such facts before the court of common pleas or other court of competent jurisdiction. And when it shall be satisfactorily established to the presiding judge of such court or to a jury on an issue sent to the jury by the judge that such absent spouse has not been heard from for seven years the complaining spouse shall have an adjudication of the issue and such absent spouse shall be conclusively presumed dead in so far as any children or kindred resulting from any marriage of the abandoned spouse during such absence may be concerned, notwithstanding the fact that such absent spouse may later appear alive. The reappearance or return of the absent spouse shall not alter such adjudication or invalidate or upset any subsequent marriage entered into by the abandoned spouse.

1962 Code Section 20-44; 1952 Code Section 20-44; 1942 Code Section 8568; 1932 Code Section 8568; Civ. C. '22 Section 5533; Civ. C. '12 Section 3754; Civ. C. '02 Section 2661; G. S. 2029; R. S. 2160; 1712 (2) 203; 1946 (44) 1486.

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More South Carolina Marriage Laws

§ 20-1-10 Persons who may contract matrimony.
§ 20-1-220 Written application required twenty-four hours prior to issuance of license.
§ 20-1-580 Effect of establishment of official record of marriage and record.
§ 20-1-380 Disposition of fines.
§ 20-1-540 Adjudication of presumed death.
§ 20-1-20 Persons who may perform marriage ceremony.
§ 20-1-290 Wilful failure of license-issuing officer to comply with Sections 20-1-250, 20-1-260 and 20-1-270 as cause for removal.
§ 20-1-375 Marriage license fee.
§ 20-1-15 Prohibition of same sex marriage.
§ 20-1-40 Cohabitation prior to emancipation as marriage; children.
§ 20-1-50 Legitimacy of children of marriages contracted after absence of previous spouse.
§ 20-1-60 Marriage of parents legitimates illegitimate children.
§ 20-1-70 Name of children legitimized after marriage of parents.
§ 20-1-80 Bigamous marriage shall be void; exceptions.
§ 20-1-90 Legitimacy of children when either party to bigamous marriage marries in good faith.
§ 20-1-100 Minimum age for valid marriage.
§ 20-1-210 License required for marriage.
§ 20-1-230 Issuance of license; premarital preparation course.
§ 20-1-240 Information to be provided to applicants for marriage licenses.
§ 20-1-260 Proof of age required of minor applicant.
§ 20-1-270 Proof of age required of applicant over age eighteen and under age twenty-five.
§ 20-1-280 Penalty for furnishing false affidavit.
§ 20-1-310 Form of license and certificate.
§ 20-1-320 Division of vital statistics shall distribute license forms.
§ 20-1-330 Issue of licenses in triplicate; disposition.
§ 20-1-340 Record of license and certificate kept by probate judge or clerk of court.
§ 20-1-350 Filing of license and certificate and issuance of certified copies by Department of Health and Environmental Control.
§ 20-1-360 Effect of article on marriage without license.
§ 20-1-370 Disposition of license fee.
§ 20-1-510 Jurisdiction to determine validity of marriage.
§ 20-1-520 Affirmation of marriage if validity has been denied or doubted.
§ 20-1-530 Declaration of invalidity.
§ 20-1-550 Service on defendant in action to annul marriage.
§ 20-1-560 Service on persons in military or naval services overseas in action to annul marriage.
§ 20-1-570 Establishment of official record of marriages.
§ 20-1-250 Applicants under age of consent; consent of relative or guardian.
§ 20-1-30 Cohabitation prior to emancipation as marriage.