Lexington County Dissolution Of Marriage Records

Lexington County dissolution of marriage records are kept by the Clerk of Court at the Family Court. The county is one of the fastest-growing in South Carolina, with close to 298,000 residents. All divorce and dissolution of marriage cases filed in Lexington County go through the Family Court in the county seat of Lexington. You can search records online through state portals or visit the courthouse in person to get copies of filed documents.

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Lexington County Quick Facts

298K Population
$150 Filing Fee
11th Circuit Judicial Circuit
Lexington County Seat

Lexington County Clerk of Court

The Clerk of Court in Lexington County is the official custodian of all Family Court records. This includes every dissolution of marriage case filed in the county. The office stores filed complaints, responses, agreements, and decrees. Staff can help you look up cases by name or case number. The Lexington County Clerk of Court serves one of the largest and fastest-growing counties in the state.

Lexington County sits in the 11th Judicial Circuit of South Carolina. The Family Court handles all dissolution of marriage cases, child custody matters, and support issues filed by county residents. Because Lexington County has grown so fast over the past two decades, the volume of Family Court cases has grown with it. The Clerk of Court office manages a large and active docket of dissolution of marriage filings each year.

You can visit the Lexington County Clerk of Court website for current office hours, contact details, and guidance on requesting records. The office is located in Lexington, the county seat.

Court Lexington County Family Court
Lexington, SC
Circuit 11th Judicial Circuit
Website lexingtoncountysc.gov

How to Find Dissolution Of Marriage Cases in Lexington County

There are two main ways to find dissolution of marriage records in Lexington County. You can search online or go to the courthouse in person. Online searches let you check basic case details from home. In-person visits give you access to the full case file and allow you to get certified copies right away. Both options are available to the public in Lexington County.

The South Carolina Family Court Case Management System, known as FCCMS, provides a public portal for searching dissolution of marriage cases across all South Carolina counties. You can search Lexington County cases by party name or case number. The portal is available at portal.fccms.dss.sc.gov. This tool is free to use and covers active and closed cases. It is one of the best ways to start a dissolution of marriage search in Lexington County.

The state judicial branch also maintains a public case index at sccourts.org. This index covers Family Court cases filed in Lexington County. You can confirm case status and see key dates. For full documents, contact the Clerk of Court directly.

The South Carolina Department of Public Health holds divorce and dissolution records for the state going back to July 1962. You can order a certified copy for $12 by contacting the Division of Vital Records at 2600 Bull Street, Columbia, SC 29201. Records cover divorces through December 2023. Visit dph.sc.gov for ordering instructions.

South Carolina Dissolution Of Marriage Law

South Carolina law governs how dissolution of marriage cases are filed and decided in Lexington County. Under S.C. Code Ann. § 20-3-10, there are five grounds for dissolving a marriage in South Carolina. These include one year of continuous separation, adultery, physical cruelty, habitual drunkenness or drug use, and desertion for one year. Most people in Lexington County file on the no-fault ground of one year of separation.

To file in Lexington County, at least one spouse must meet the residency requirement. Under S.C. Code Ann. § 20-3-30, you must have lived in South Carolina for one year before filing. If both spouses are South Carolina residents, the required time drops to three months. Lexington County residents who meet this requirement file their dissolution of marriage case at the Lexington County Family Court.

South Carolina divides marital property through equitable distribution under S.C. Code Ann. § 20-3-620. This means a judge divides property fairly based on the facts of each case. Fair does not always mean equal. Property claims are decided within the same dissolution of marriage case in Lexington County.

Note: The state FOIA law under S.C. Code Ann. § 30-4-30 gives the public the right to request and view most dissolution of marriage records on file in Lexington County.

Lexington County FCCMS Portal Access

The FCCMS Public Portal is the main online tool for searching Lexington County dissolution of marriage records. The portal is run by the South Carolina Department of Social Services and covers all Family Court case types. You do not need an account to search for basic case information. Cases from Lexington County appear in the portal along with cases from all other South Carolina counties.

The portal lets you search by the name of either party in the dissolution of marriage case. You can also search by case number if you have it. Results show the case type, filing date, parties, and case status. The portal does not show full documents. To get copies of filed papers, you must contact the Lexington County Clerk of Court or visit the courthouse.

South Carolina FCCMS public portal for dissolution of marriage case search

The FCCMS portal is a good first stop for anyone searching for a dissolution of marriage case in Lexington County. It is free, available around the clock, and easy to use.

Filing a Dissolution Of Marriage in Lexington County

The process for filing a dissolution of marriage in Lexington County follows South Carolina law. You start by filing a complaint for dissolution of marriage with the Clerk of Court. The filing fee is approximately $150. The Clerk assigns a case number. You then serve the other spouse with the complaint and a summons using a method allowed by South Carolina law.

After the other spouse is served, they have time to file a response. If both parties agree on all issues, the case can proceed as uncontested. An uncontested dissolution of marriage in Lexington County can often be completed without a trial. The parties present their agreement to the Family Court judge. The judge reviews it and, if approved, signs the dissolution of marriage decree. This decree becomes part of the permanent court record in Lexington County.

If the parties disagree on property, support, or children, the case becomes contested. Contested dissolutions of marriage take more time and involve hearings in front of a Lexington County Family Court judge. Both parties may have attorneys. The court record grows with each motion, hearing, and order filed in the case.

Self-represented litigants can find forms and instructions at sccourts.org. The self-represented litigant divorce packets explain the steps for filing a simple dissolution of marriage in South Carolina, including in Lexington County.

What Dissolution Of Marriage Records Include

Dissolution of marriage records in Lexington County are made up of all documents filed in the case. The first document is the complaint. It names both parties, states the grounds for dissolution, and says what relief the filing party wants. The answer filed by the other spouse is also in the record. Agreements on property, children, and support become part of the file when they are filed with the court.

The dissolution of marriage decree is the final order from the Family Court judge. It is the document that legally ends the marriage. Certified copies of the decree are often needed for name changes, property transfers, and other legal purposes. The Lexington County Clerk of Court can provide certified copies for a fee.

A standard dissolution of marriage file in Lexington County may include:

  • Complaint for dissolution of marriage
  • Summons and proof of service
  • Answer or response by the other party
  • Settlement or property agreement
  • Temporary and final orders
  • Dissolution of marriage decree signed by the judge

Most of these documents are public records in Lexington County. Parts that deal with minor children may be restricted. Contact the Clerk of Court to find out what is available in a specific case.

State Resources for Dissolution Of Marriage

South Carolina offers several state-level resources for people going through a dissolution of marriage or searching for records. These tools are useful for Lexington County residents at every stage of the process.

The South Carolina Department of Public Health vital records office has dissolution of marriage records from July 1962 through December 2023. You can order a certified copy for $12. The address is 2600 Bull Street, Columbia, SC 29201. More information is at dph.sc.gov. For records more recent than December 2023, contact the Lexington County Clerk of Court directly.

South Carolina Department of Public Health divorce reports for dissolution of marriage records

The DPH vital records office is a reliable source for confirming that a dissolution of marriage took place in South Carolina. This is different from the full court record kept in Lexington County.

South Carolina Code of Laws covering dissolution of marriage statutes

The South Carolina Code of Laws Title 20 covers all aspects of dissolution of marriage law in the state, including the rules that apply to every case filed in Lexington County.

Legal Help for Lexington County Dissolution Cases

Several resources exist for Lexington County residents who need help with a dissolution of marriage case. South Carolina Legal Services provides free legal help to those who qualify based on income. Their services may cover dissolution of marriage cases, custody matters, and related issues. Visit sclegal.org to apply or learn more.

The Women's Law website offers plain-language guides to South Carolina dissolution of marriage law at womenslaw.org. The South Carolina Bar lawyer referral line can connect you with a family law attorney in the Lexington area. Call (803) 799-6653 for a referral. Lexington County has many private family law attorneys who handle dissolution of marriage cases. For child support questions, contact the South Carolina Department of Social Services at 1-800-768-5858 or visit dss.sc.gov.

Note: If you cannot afford an attorney, ask the Lexington County Clerk of Court about the process for filing a fee waiver with the Family Court.

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Cities in Lexington County

Lexington County includes the city of Lexington and several surrounding communities. All dissolution of marriage cases for county residents are filed at the Lexington County Family Court in the county seat.

Lexington is the county seat of Lexington County. The Family Court and Clerk of Court are located here. All dissolution of marriage filings for the county go through this office.

Nearby Counties

Lexington County borders several other South Carolina counties. If you are unsure which county to file in, check where you or your spouse currently lives. Dissolution of marriage cases must be filed in the correct county for the court to have jurisdiction.

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