No, a notary public in South Carolina cannot perform a marriage ceremony
A notary public in South Carolina has no legal authority to marry people. Marriage ceremonies in South Carolina must be performed by someone with specific credentials: a judge, magistrate, minister, priest, rabbi, or other clergy member authorized by their religious organization. A notary's job is to witness signatures and verify identity on documents — not to conduct weddings.
If you are planning a wedding in South Carolina and need someone to perform the ceremony, you will need to contact one of the authorized officials listed above. Many couples choose a judge or magistrate because they are secular options that do not require religious affiliation, and they are often available quickly and at lower cost than hiring clergy.
Key Takeaways
- South Carolina law restricts marriage ceremonies to judges, magistrates, clergy members, and religious officials — notaries are not included.
- A judge or magistrate is the fastest secular option and typically costs between $50 and $150 for the ceremony.
- You will need a valid marriage license from your county register of deeds before any official can perform the ceremony.
- Some clergy members require membership in their congregation or advance notice; contacting them early prevents delays.
Who can legally perform marriages in South Carolina
South Carolina Code Section 20-1-40 lists the people authorized to perform marriage ceremonies. These include any judge of the state, any magistrate, any ordained or licensed minister of the gospel, any priest of the Roman Catholic Church, any rabbi of the Jewish faith, and any other person authorized to solemnize marriages by the religious organization to which they belong.
The key phrase is "authorized by the religious organization." This means a person does not need to be formally ordained to perform a marriage if their religious group recognizes them as authorized — for example, some denominations allow lay leaders or elders to conduct weddings. However, the person must have that authorization from their organization; a notary's commission does not provide it.
Magistrates are often the most accessible option because they are county officials with regular office hours, and they have no religious requirements. Judges can also perform ceremonies but are typically busier and may have longer wait times.
What you need before any official can marry you
Before a judge, magistrate, or clergy member can perform your marriage ceremony, you must obtain a marriage license from your county register of deeds. South Carolina does not have a waiting period between explore for the license and the ceremony, but the license is valid for only 30 days from the date it is issued.
To get a marriage license, both people must appear in person at the register of deeds office in the county where you plan to marry. You will need a valid photo ID (driver's license, passport, or state ID) and proof of age. If either person has been divorced, you will need a certified copy of the divorce decree. If either person is widowed, you will need a certified copy of the death certificate of the former spouse.
Once you have the license, you can take it to your chosen official — judge, magistrate, or clergy member — and they will perform the ceremony. The official will sign the license, and you return the signed license to the register of deeds to make the marriage official.
How to find a magistrate or judge to perform your ceremony
Contact your county magistrate's office directly. The magistrate's office is part of the county court system and is listed in the county government section of your phone book or online. Call and ask whether the magistrate performs marriages and what their fee is. Most magistrates charge between $50 and $100 for a ceremony.
If you prefer a judge, contact the clerk of court for your county. The clerk can tell you which judges perform marriages and how to request one. Judges typically charge a similar fee or may perform ceremonies at no charge, depending on the judge and the county.
Many magistrates and judges will perform a straightforward ceremony in their office with just you, your partner, and a witness or two. Some will allow you to write your own vows; others use a standard ceremony. Ask about their process when you call.
Finding clergy to perform your ceremony
If you want a religious ceremony, contact the church, synagogue, mosque, or other place of worship where you would like to marry. Ask to speak with the clergy member or the person who coordinates weddings. They will tell you their requirements, which may include membership in the congregation, pre-marital counseling, or advance notice of several weeks or months.
Some clergy members charge a fee; others ask for a donation to the congregation. Fees vary widely depending on the religious organization and the clergy member. If you do not have a congregation, you can search online for clergy members in your area who perform weddings for people outside their congregation, though this is less common and may cost more.
Starting this conversation early — at least a month before your planned wedding date — gives you time to meet any requirements and avoid last-minute conflicts with the clergy member's schedule.
What happens if you cannot find an official in time
If you have a marriage license but cannot find a judge, magistrate, or authorized clergy member to perform the ceremony before your license expires, you will need to explore for a new license. There is no extension process; the 30-day window is fixed.
If you are in a true emergency — for example, a spouse is deployed or seriously ill — contact the clerk of court in your county to ask whether a judge can perform an emergency ceremony. This is not a formal legal process, but judges sometimes accommodate urgent situations. There is no may provide, but it is worth asking.
Do not attempt to have a notary perform the ceremony as a workaround. A marriage performed by someone without legal authority is not valid in South Carolina, and you would still need to go through the proper process later.
The difference between a notary and an authorized marriage official
A notary public is commissioned by the state to witness signatures, verify the identity of people signing documents, and certify that a document is authentic. A notary's authority is limited to these tasks. Notaries are not trained in marriage law, are not required to have any legal background, and have no power to create legal relationships like marriage.
An authorized marriage official — a judge, magistrate, or clergy member — has specific legal or religious authority to solemnize a marriage, meaning to perform the ceremony in a way that creates a legal marriage. This is a completely different role from notarization. Some people hold both roles (for example, a judge who is also a notary), but the notary commission itself does not authorize marriage ceremonies.
Frequently Asked Questions
Can a notary witness my marriage ceremony if someone else performs it?
A notary can be a witness to your marriage ceremony, just as any other person can be. However, South Carolina requires only one witness to a marriage, and the witness does not need to be a notary. The person performing the ceremony will ask for a witness or two, and you can bring a friend, family member, or notary — it makes no difference to the legal validity of the marriage.
What if I get married by a notary and did not know it was invalid?
If you were married by a notary, your marriage is not valid under South Carolina law. However, South Carolina recognizes common-law marriage in some cases. If you and your partner lived together, held yourselves out as married, and intended to be married, you may have a valid common-law marriage even if the ceremony was not performed by an authorized official. You should consult a family law attorney to understand your specific situation.
Can I get married online or by video call in South Carolina?
South Carolina does not currently recognize remote or online marriages. Both people must be physically present with the official performing the ceremony. This applies even during emergencies or public health situations.
How much does it cost to get married by a magistrate in South Carolina?
Magistrate fees vary by county but typically range from $50 to $100. Some counties may charge slightly more or less. Call your county magistrate's office to ask about their specific fee. You will also need to pay for the marriage license, which costs around $12 to $15 depending on your county.
Do I need a witness if a judge performs my ceremony?
Yes, South Carolina requires at least one witness to a marriage ceremony, regardless of who performs it. The witness must be present during the ceremony and sign the marriage license along with the official and the couple.