Charleston County Divorce Records
Charleston County divorce records are maintained by the Clerk of Court at the Charleston County Family Court. Charleston County is one of the most populous counties in South Carolina with over 400,000 residents. The Family Court handles all divorce cases filed in Charleston County. The county seat is Charleston, and the Family Court serves the entire county.
Charleston County Quick Facts
Charleston County Family Court
The Clerk of Court maintains all divorce records in Charleston County. This office handles case filings, stores court files, and provides copies of divorce decrees. Staff can help you find both old and recent cases. The Family Court is located at 100 Broad Street in Charleston.
The Charleston County Family Court serves the entire county from one location. All divorce cases for residents of Charleston County are filed here. The Clerk of Court can search divorce records and provide copies for you. Call ahead to confirm hours and what you need to bring when visiting Charleston County.
| Court |
Charleston County Family Court 100 Broad Street Charleston, SC 29401 Phone: (843) 958-5000 |
|---|---|
| Hours | Monday through Friday, 8:30 AM to 5:00 PM |
| Website | charlestoncounty.org |
How to Search Charleston County Divorce Records
You can search for divorce records in Charleston County online or in person. The method you choose depends on what you need. Online searches work well for basic case details. In-person visits let you review the full file and get certified copies right away. Both methods give you access to divorce records going back many years in Charleston County.
The South Carolina Judicial Branch Public Index provides access to court records across all counties, including Charleston County. You can search by party name or case number to find divorce cases. The system is free to search for basic case information. For copies of actual documents, contact the Clerk of Court or visit the courthouse. Go to sccourts.org to begin your search for Charleston County divorce records.
To search divorce records in Charleston County, you need the following:
- Full name of one or both spouses
- Year the divorce was filed
- Case number if you have it
You can also search in person at the Clerk of Court office in Charleston County. Go to 100 Broad Street in Charleston. Staff can look up cases and make copies. Bring your ID with you. The Clerk of Court can search by name or case number. Older records may take more time to locate. You can also submit a public records request for records at the Charleston County Clerk of Court office.
Charleston County Divorce Fees
Charleston County follows the South Carolina fee schedule for divorce cases and records. The cost to file a new complaint for divorce is approximately $150 in Charleston County. Fees can change, so call the Clerk of Court to confirm current rates before you file in Charleston County.
The main fees for divorce in Charleston County are:
- File a complaint for divorce: ~$150.00
- Response filing fee: varies
- Motion filing fee: varies
- Certified copy of decree: varies
- Service of process fee: varies
Service fees also apply when you file for divorce in Charleston County. You must serve the other spouse with the divorce papers. You can use the Charleston County Sheriff for service, a private process server, or certified mail with return receipt. Copy fees depend on the number of pages, and certified copies cost more than plain ones. If you have low income, you may apply for a fee waiver by filing an Affidavit and Application to Proceed In Forma Pauperis with the court in Charleston County.
Divorce Filing Process in Charleston County
Filing for divorce in Charleston County follows the process set by South Carolina law. Each step creates records that become part of your case file. The Clerk of Court keeps all these documents at the courthouse. You can get copies of any paper in your case file once it is filed in Charleston County.
First, you file a complaint for divorce with the Clerk of Court in Charleston County. You pay the approximately $150 filing fee at this time. The Clerk of Court assigns you a case number. Under S.C. Code Ann. § 20-3-30, at least one spouse must have been a South Carolina resident for one year before filing. If both spouses reside in South Carolina, only three months of residency is required. If you live in Charleston County, you file here.
Next, you serve your spouse with the divorce papers. You can use the Charleston County Sheriff, a private process server, or other methods allowed under South Carolina law. Proof of service goes in the court file. Under S.C. Code Ann. § 20-3-10, South Carolina offers no-fault divorce based on one year of continuous separation. Fault grounds include adultery, physical cruelty, habitual drunkenness or narcotics use, and desertion for one year. For uncontested cases where both sides agree on all terms, the divorce can be finalized after meeting the applicable grounds. The divorce decree ends the marriage and becomes part of the public record in Charleston County.
Note: Claims for property division and spousal support should be addressed in the complaint or response in Charleston County. South Carolina follows equitable distribution of marital property under S.C. Code Ann. § 20-3-620, and courts handle all related issues within the same divorce case.
What Charleston County Divorce Records Contain
Divorce records in Charleston County include many types of documents. The complaint for divorce is the first document filed. It states the grounds for divorce under S.C. Code Ann. § 20-3-10 and what the plaintiff seeks. The answer is filed by the other spouse. A settlement agreement or marital property agreement shows what the parties agreed to on property, children, and support. All of these are part of the court record in Charleston County.
The divorce decree is the main document most people need from Charleston County. This is the court order that dissolves the marriage. Certified copies of the decree are often needed for legal matters like changing your name or selling property. You can get certified copies from the Clerk of Court in Charleston County.
A divorce record in Charleston County typically shows:
- Names and addresses of both parties
- Date of marriage and separation
- Grounds for divorce
- Date the complaint was filed
- Date the decree was entered
- Name restoration if requested
Charleston County divorce records are generally public under the South Carolina Freedom of Information Act, S.C. Code Ann. § 30-4-10. Anyone can request to view them. You do not have to be a party to the case. Some details about children or finances may be sealed or redacted in public copies, but most of the file is accessible to the public in Charleston County.
Divorce Certificates in Charleston County
SC DHEC, Division of Vital Records issues divorce certificates as an alternative to court records in Charleston County. A certificate is a shorter document that confirms a divorce took place. It shows the names, date, and county but not the full terms of any settlement. Many people need a certificate for purposes like changing their name or getting remarried in Charleston County.
You can get a divorce certificate by ordering online through SC DHEC, by mailing a request to the Division of Vital Records, 2600 Bull Street, Columbia, SC 29201, or by submitting a request through VitalChek. The fee is $12 per certified copy. The office has records for divorces from 1962 to the present day in South Carolina.
For the full divorce decree with all the terms, go to the Clerk of Court in Charleston County. Most legal matters require the decree, not just a certificate.
Legal Help for Divorce in Charleston County
Several organizations offer help with divorce cases in Charleston County. Some provide free legal assistance to people who qualify based on income. Others offer a first consultation at a reduced rate. These resources can help you understand divorce law, fill out forms, or find a lawyer in Charleston County.
South Carolina Legal Services serves Charleston County through their local offices. They provide free legal help to people with low income. Visit sclegal.org to find help with divorce in Charleston County. The Charleston County Bar Association can also help connect you with a family law attorney. You can reach the South Carolina Bar lawyer referral service at (803) 799-6653.
The South Carolina Judicial Branch at sccourts.org has court forms and information you need to file for divorce in Charleston County, along with instructions for self-represented litigants. The Charleston County Family Court also has resources that can assist with form selection and filing procedures.
Related Records in Charleston County
Other offices in Charleston County keep records that may connect to divorce cases. The Charleston County Register of Deeds handles property records including deeds that often change hands after a divorce. The Probate Court handles marriage licenses and estate matters. You may need a marriage record to prove the marriage before the divorce. Visit charlestoncounty.org for more on these records in Charleston County.
The Charleston County court also deals with matters that involve children in divorce cases. This includes child support enforcement, custody modifications, and protection from abuse orders. For child support questions in Charleston County, contact the South Carolina Department of Social Services Child Support Division. The Charleston County Family Court handles estate matters that may intersect with divorce proceedings in Charleston County.
Cities in Charleston County
Charleston County includes several cities and towns. All divorce cases for residents of Charleston County are filed at the Charleston County Family Court.
Charleston is the largest city in Charleston County. All divorce cases are filed at the Charleston County Family Court.
Nearby Counties
Charleston County borders several other South Carolina counties. If you are not sure which county handles your divorce case, check the address where you live. You must file in the right county for the court to have jurisdiction over your case.