Find Dissolution Of Marriage in Aiken County
Aiken County dissolution of marriage records are held by the Clerk of Court at the Aiken County Family Court. With a population of approximately 170,000, Aiken County is one of the larger counties in South Carolina. The Clerk of Court maintains every divorce case filed in the county going back many years. You can search Aiken County divorce records online through the statewide portal or visit the courthouse in the city of Aiken to access files and request certified copies of decrees.
Aiken County Quick Facts
Aiken County Clerk of Court
The Aiken County Clerk of Court is responsible for maintaining all Family Court records in the county. This includes every dissolution of marriage case filed in Aiken County. The office stores original filings, court orders, and certified divorce decrees. Staff process new filings daily and can provide copies of documents to members of the public who request them. The Clerk's office for Aiken County can be reached through aikencountysc.gov/clerk-of-court.
Aiken County is part of the 2nd Judicial Circuit of South Carolina. All dissolution of marriage cases filed by Aiken County residents are heard at the Family Court in the city of Aiken. The courthouse serves the entire county regardless of which city or town you live in. When visiting in person, bring a valid photo ID and the name of at least one party in the case you are searching for.
For Aiken County divorce record searches from outside the area, the statewide FCCMS portal is the fastest starting point before deciding whether to request copies in person or by mail.
Online Access to Aiken County Divorce Cases
The South Carolina Family Court Case Management System gives the public free online access to dissolution of marriage records statewide, including Aiken County. The portal is run by the South Carolina Department of Social Services and is updated regularly.
You can search the FCCMS Public Portal by entering the name of either spouse or a case number. Results show filing dates, hearing dates, case status, and case type. This is a good first step when you are trying to confirm whether a divorce case was filed in Aiken County. The portal does not provide actual documents, but it confirms that a case exists and gives you the case number you need to request copies.
If you need the actual divorce decree or other documents from an Aiken County dissolution of marriage file, contact the Clerk of Court directly after locating the case number online. You can request copies by phone, in person, or in some cases by mail.
How to Look Up Aiken County Divorce Records
Searching for dissolution of marriage records in Aiken County starts with having key information on hand. You need the full legal name of at least one spouse. Having the approximate year the case was filed speeds up the process. A case number, if you already have it, gets you directly to the right file.
Online searches through the FCCMS portal are available at any time without cost. In-person visits to the Aiken County Courthouse let you review the full case file and request certified copies of documents. The South Carolina Courts website at sccourts.org also maintains a public index of court cases that may include Aiken County divorce records. For divorce-specific records kept by the state as vital records, see the South Carolina DPH divorce reports page. DPH holds records covering divorces granted from July 1962 through December 2023 in South Carolina.
Note: Certified copies of divorce decrees from the Aiken County Clerk of Court are the legal standard for most purposes, including name changes and remarriage applications.
South Carolina Divorce Law and Aiken County Filings
Dissolution of marriage cases in Aiken County are governed by South Carolina state law. Knowing the basics before you file can save you significant time and avoid costly mistakes in court.
The primary statute governing divorce in South Carolina is S.C. Code Ann. § 20-3-10, which defines the grounds for divorce. The no-fault ground requires one full year of continuous separation without resuming marital relations. Fault-based grounds include adultery, physical cruelty, habitual drunkenness or narcotics use, and desertion for one year. Residency requirements under § 20-3-30 require that at least one spouse be a South Carolina resident for one year prior to filing, or three months if both spouses currently live in the state. Aiken County residents who meet these requirements file their dissolution of marriage cases at the Aiken County Family Court.
South Carolina is an equitable distribution state for marital property under § 20-3-620. The court in Aiken County divides marital assets and debts in a way the judge finds fair, considering factors like each spouse's contribution, the length of the marriage, and each party's financial situation. The Aiken County Family Court also handles child custody, child support, and spousal support within the same dissolution of marriage case.
The standard filing fee for a dissolution of marriage complaint in Aiken County is $150. Additional fees apply for motions, certified copies, and service of process. Fee waivers are available to qualifying low-income filers by submitting an Affidavit and Application to Proceed In Forma Pauperis.
Documents in an Aiken County Divorce File
An Aiken County dissolution of marriage file holds every document submitted during the case. The complaint for divorce is the first filing. It states who is filing, the grounds for divorce, and what the person is asking the court to award. The answer and any counterclaim are filed by the other spouse. Motions, hearings, temporary orders, and financial declarations are added as the case moves forward. A settlement agreement or consent order reflects what the parties agreed to outside of trial.
The final divorce decree is what most people are searching for in Aiken County dissolution of marriage records. This court order legally ends the marriage. It states the date of dissolution, any property division, custody terms, support obligations, and whether either party had their name restored. Certified copies of the decree are required for many legal purposes. You can get them from the Clerk of Court at the Aiken County courthouse.
All Aiken County dissolution of marriage records are public under S.C. Code Ann. § 30-4-30, which is part of the South Carolina Freedom of Information Act. The public may request access without showing any particular interest in the case. Portions of files that involve minor children may have limited public access.
Legal Resources for Aiken County Residents
Several organizations help Aiken County residents navigate the dissolution of marriage process. Free legal aid is available for those who qualify. Paid attorneys are available through the South Carolina Bar referral network.
South Carolina Legal Services provides no-cost legal assistance to low-income individuals across the state including Aiken County. They can assist with uncontested divorce cases, contested matters, custody, and related issues. The South Carolina Bar referral service at (803) 799-6653 connects callers with local family law attorneys. Self-represented filers in Aiken County can download the simple divorce packet from sccourts.org. The packet contains the forms you need and step-by-step instructions written in plain language.
For a broad overview of South Carolina divorce law including Aiken County rules on separation and property, visit WomensLaw.org. Additional information for those with questions about child support in Aiken County can be found through the South Carolina DSS Child Support Division. Child support payments in South Carolina are processed through the State Disbursement Unit at P.O. Box 100302, Columbia, SC 29202.
The self-represented litigant resources from the SC Courts help Aiken County residents who choose to file without an attorney understand exactly what forms to complete and how to submit them correctly to the Family Court.
Cities in Aiken County
Aiken County includes several cities and communities. All dissolution of marriage cases for residents of Aiken County are filed at the Aiken County Family Court in the city of Aiken regardless of which city or town you live in.
The cities of Aiken and North Augusta are the largest communities in Aiken County. Divorce cases originating from both cities are handled by the Aiken County Family Court.
Nearby Counties
Aiken County borders several South Carolina counties. Residency at the time of filing determines which county has jurisdiction. If you recently moved, confirm your county of residence before filing your dissolution of marriage case.