Sunday, September 30, 2007
Ashley Hedgecock (J.D. Candidate 2008, University of South Carolina School of Law) has recently published her comment entitled Untying the Knot: The Propriety of South Carolina's Recognition of Common Law Marriage, 58 S.C. L. Rev. 555 (2007).
Here is the synopsis of her comment as posted on the South Carolina Law Review website:
South Carolina is among a dwindling minority of jurisdictions that continues to recognize common law marriage. The Note explores the history of the common law marriage doctrine in South Carolina and the need for the doctrine in contemporary society. After balancing the expectation interests of couples engaging in common law marriage relationships with the costs imposed by the doctrine, the article argues that South Carolina should abolish common law marriage in order to promote judicial efficiency, protect third parties, and provide couples with a bright line rule regarding their legal rights.