Marlboro County Dissolution Of Marriage

Marlboro County dissolution of marriage records are filed and stored at the Family Court in Bennettsville, the county seat. Marlboro County has roughly 26,000 residents and falls under the 4th Judicial Circuit of South Carolina. The Clerk of Court is the official keeper of all dissolution of marriage case files in Marlboro County. You can search for these records online through the state's FCCMS portal or by visiting the Clerk's office in Bennettsville.

Marlboro County Clerk of Court

The Marlboro County Clerk of Court maintains all Family Court records in the county. This office is the central point for every dissolution of marriage filing. When you file a complaint in Marlboro County, the Clerk creates a case file, assigns a case number, and keeps all documents as the case proceeds. The Clerk also processes copies and certified copies of decrees for those who need them.

The Marlboro County government website at marlborocounty.sc.gov has contact information for the Clerk of Court office. You can confirm office hours, phone numbers, and address details before making a trip to Bennettsville. Staff at the Clerk's office can help you locate a dissolution of marriage case or explain how to request copies.

How to Search Dissolution Of Marriage Records in Marlboro County

The fastest way to search for a Marlboro County dissolution of marriage case is through the FCCMS Public Portal. This state-run system at portal.fccms.dss.sc.gov covers all South Carolina counties. You can search by the name of either party in the case or by the case number. The portal is available at no cost. It shows basic case details such as the filing date, party names, and case status for dissolution of marriage cases in Marlboro County.

The South Carolina Judicial Branch case index at sccourts.org is another free tool. This index includes court cases from Marlboro County and can help you confirm whether a dissolution of marriage case exists. For the actual documents in the file, you need to contact the Marlboro County Clerk of Court or visit the courthouse in Bennettsville.

In-person searches at the courthouse let you view the full case file. Staff can look up cases and provide photocopies or certified copies for a fee. Bring a photo ID when you visit the Marlboro County Clerk of Court office.

Filing for Dissolution Of Marriage in Marlboro County

To start a dissolution of marriage case in Marlboro County, you file a complaint with the Clerk of Court at the courthouse in Bennettsville. The complaint states the grounds for dissolution and what you are asking the court to decide. The filing fee is approximately $150. The Clerk stamps the complaint, assigns a case number, and places it in the new case file.

After you file, you must serve the other spouse. South Carolina law allows service by the county sheriff, a private process server, or certified mail with return receipt. Proof of service must be filed with the Marlboro County Clerk. The other party then has time to respond.

Under S.C. Code Ann. § 20-3-10, South Carolina recognizes five grounds for dissolution of marriage. The most commonly used is one year of continuous separation with no cohabitation. This no-fault ground does not require either party to prove wrongdoing. The fault grounds are adultery, physical cruelty, habitual drunkenness or drug use, and desertion for one year. Cases in Marlboro County are resolved when the judge signs the final dissolution of marriage decree.

Residency rules under S.C. Code Ann. § 20-3-30 require that one spouse have lived in South Carolina for at least one year before filing. If both spouses are South Carolina residents, three months of residency is enough. These rules apply to all dissolution of marriage cases filed in Marlboro County.

What Marlboro County Dissolution Records Show

Dissolution of marriage records in Marlboro County include every document filed from the start of the case to the final decree. The complaint is the first document. It identifies both parties and explains the grounds for dissolution. Other key documents include the response filed by the other spouse, any motions, temporary orders, property agreements, and the final dissolution of marriage decree signed by the Family Court judge.

The final decree is the most important document for most people. It legally ends the marriage and spells out the terms for property, support, and children if applicable. Certified copies of the decree are available from the Marlboro County Clerk of Court for a fee. These copies are often needed for name changes, real estate transfers, and other legal purposes.

Dissolution of marriage records in Marlboro County are public records under the South Carolina Freedom of Information Act at S.C. Code Ann. § 30-4-30. You do not have to be a party to the case to request them. Some records about children in the case may be restricted.

State Dissolution Of Marriage Records

The South Carolina Department of Public Health keeps statewide dissolution of marriage records from July 1962 through December 2023. You can order a certified certificate for $12 per copy by mail or through VitalChek. The mailing address is Division of Vital Records, 2600 Bull Street, Columbia, SC 29201. Visit dph.sc.gov to see the full instructions and accepted forms of identification.

A state vital records certificate confirms that a dissolution took place and gives basic facts. It is not the same as the full court record in Marlboro County. For the decree and all case papers, go to the Clerk of Court in Bennettsville.

Legal Resources for Marlboro County Residents

Marlboro County residents can access several resources for help with dissolution of marriage cases. South Carolina Legal Services provides free help to those who meet income guidelines. They handle dissolution of marriage filings and related family law matters. You can apply online at sclegal.org or by calling their intake line.

The Women's Law website offers a helpful guide to South Carolina dissolution of marriage law at womenslaw.org. It covers the basics in plain language. The South Carolina Bar lawyer referral line can connect you with a family law attorney near Marlboro County. Call (803) 799-6653. For child support issues, contact the South Carolina Department of Social Services at 1-800-768-5858 or go to dss.sc.gov.

Self-represented litigants filing on their own in Marlboro County can use the simple divorce packets at sccourts.org. These packets include forms and step-by-step guidance for completing a dissolution of marriage without an attorney.

Note: Court forms are available at the Marlboro County Clerk of Court office in Bennettsville as well as through the state judicial website.

South Carolina Dissolution Laws That Apply in Marlboro County

Every dissolution of marriage filed in Marlboro County is governed by the same South Carolina statutes that apply across all 46 counties. Title 20 of the South Carolina Code of Laws sets out the rules for grounds, residency, property division, and support. Understanding these laws helps you know what to expect from the Marlboro County Family Court.

You can read the full text of the relevant statutes at scstatehouse.gov. The statute covers grounds, residency requirements, equitable distribution of property, and spousal support rules that apply to all Marlboro County dissolution of marriage cases.

Cities in Marlboro County

Marlboro County is served by the Family Court located in Bennettsville. All dissolution of marriage cases for residents of the county, regardless of which town they live in, are filed at the Marlboro County courthouse in Bennettsville, South Carolina.

Bennettsville is the county seat of Marlboro County and the location of the Family Court. All dissolution of marriage filings for Marlboro County are processed here.

Nearby Counties

Marlboro County sits in the northeastern corner of South Carolina. If you are unsure which county has jurisdiction over your dissolution of marriage case, confirm your current address. You must file in the county where you live for the court to have authority over your case.

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