South Carolina Divorce Records

A South Carolina divorce record is an official document confirming a marriage's legal dissolution, including details of the divorce proceedings and the court's final judgment. These records are essential for various purposes, such as personal documentation, insurance claims, and legal matters like name changes or proving marital status.

In South Carolina, divorce records are publicly accessible, with most parts available to the general public under the state's Freedom of Information Act. However, certain sensitive information may be sealed by the court, especially in cases involving proprietary business details or allegations of child abuse.

To file for divorce in South Carolina, you must meet the state’s residency requirements and have valid grounds for the divorce, such as adultery, habitual drunkenness, physical cruelty, or abandonment. The state also allows no-fault divorces, where no wrongdoing needs to be proven, provided the couple has been separated for at least one year.

South Carolina divorce decrees are obtainable from the Family Court where the divorce was filed, while divorce reports can be accessed through the South Carolina Department of Health and Environmental Control (DHEC) via in-person, mail, or online requests.

What are Divorce Records?

A South Carolina divorce record is an official document certifying a marriage's termination. It contains essential details about the divorce process and the final judgment issued by the court. Divorce records in the state include divorce case records generated and maintained in the Family Courts, divorce certificates issued by the Department of Health and Environmental Control (DHEC), and a divorce decree issued by the court as the final judgment. Divorce case records are available to the public, while divorce decrees are typically available to the parties and their attorneys.

South Carolina's divorce records are maintained by the state for record-keeping purposes, and statistical data contributes to demographic information. Individuals may request divorce records for personal records, to claim insurance benefits, for immigration purposes, for name change, or as proof of marital status.

Are Divorce Records Public in South Carolina?

Most portions of South Carolina divorce records are public. These portions include court filings, pleadings, motions, court orders, judgments, and settlement agreements. South Carolina makes divorce records public in line with court records being public under the state's Freedom of Information Act.

However, under specific circumstances, divorce cases may be sealed. Although divorce cases will not be sealed by South Carolina courts just because a party in the divorce wants it to be sealed, there are certain situations where sealing a complete or partial divorce record is appropriate. Some of these circumstances include cases involving highly sensitive information such as proprietary business information or allegations relating to sexual abuse towards children. Also, if the exposure of a divorce record may lead to false allegations, which could result in libel, the record may be sealed.

Divorce Stats and Rates in South Carolina

As of 2021, South Carolina reported a divorce rate of 2.4 per 1,000 residents, reflecting a 45% decline since 1990. The 2021 Census Bureau data also indicated that 10.5% of the state’s population aged 15 and older were divorced. Men over 45 were particularly prone to divorce, with those aged 55–64 showing the highest rate at 16.9%.

Similarly, women over 45 were more likely to experience divorce, with the rate peaking at 19.3% for those aged 55–64. Racial and ethnic demographics reveal that American Indians and Native Alaskans had the highest divorce rate in South Carolina at 11.7%, while Asians were the least likely to divorce. The cities with the highest rates of divorce in the state are Cheraw, Union, Seneca, Georgetown, and Darlington.

Grounds for Divorce in South Carolina

South Carolina judges do not automatically grant divorces. Anyone filing for a divorce must have a justifiable reason for the court to grant the request. According to Section 20-3-10 of the South Carolina Code of Laws, the following are the premises on which courts in the state may grant a divorce:

Adultery: In order to use adultery as a ground for divorce in South Carolina, you must demonstrate that your spouse had both the opportunity and intent to engage in an affair. Although direct evidence of sexual intercourse is not mandatory, showing a romantic relationship or intention will be necessary.
Habitual drunkenness: Habitual drunkenness refers to a spouse's chronic abuse of substances like alcohol or narcotics, causing problems in the marriage.
Physical cruelty: Physical cruelty, also known as domestic abuse, involves physical harm by one partner to the other.
Abandonment: Abandonment occurs when a spouse leaves their family with no intention of returning or continuing support. In South Carolina, this becomes grounds for divorce after a year of separation.
No-fault ground: Unlike other grounds for divorce in the state, a no-fault premise does not require any proof of wrongdoing. It typically occurs when both partners agree to end the marriage as a result of irreconcilable differences or simply falling out of love. For a no-fault divorce in South Carolina, the couple must be separated for at least one year before filing for divorce.

How to File for Divorce in South Carolina

Besides having legal grounds for divorce, you must also meet the state's residency requirement before you may file for divorce in the state. South Carolina's residency requirement mandates that if you and your spouse are residents of the state when the divorce case is initiated, you must have both lived in the state for a minimum of three months immediately preceding the filing date. However, per state law, if you or your spouse are not a South Carolina resident, the other spouse is required to have lived in the state for at least one year prior to filing.

If you meet South Carolina's residency requirement, you can proceed with the following steps to file for a divorce:

Prepare the divorce forms: The South Carolina Judicial Branch provides access to the required forms for divorce in varying circumstances and instructions on completing the forms on its website. The website offers separate forms for the filing spouse and the responding spouse. If you are the filing spouse, the following forms are typically required:
- The complaint for divorce
- A summons for divorce
- A final declaration (to be signed in front of a notary)
- The family court cover sheet
- A certificate of exemption

Make three copies of these forms: one for yourself, one for the court, and one for your spouse.
File the completed forms: File the completed forms with the Clerk of the Family Court Division in the county where you live if your spouse resides out of state. If you do not reside in South Carolina but intend to file for divorce, you must file the divorce papers in the county in which your spouse lives. If you and your spouse reside in South Carolina, you may file the divorce papers in the county where your spouse resides or where you last lived together as a couple. Note that you will pay a $150 filing fee. If you cannot afford the fee, you may file a Motion and Affidavit to Proceed in Forma Pauperis.
Serve the divorce papers on your spouse: After filing the paperwork with the Clerk of the Family Court, you must serve your spouse with a copy of the forms. You may use a process server, a sheriff's deputy, or an individual over 18 who is not connected with the case to deliver the papers to your spouse. If you cannot find or serve your spouse, you may publish a notice of divorce in a local paper and mail the document to your spouse's last known address.
Wait for a response: The next step in the process depends on whether your spouse files an answer to the divorce complaint. South Carolina law requires that the defendant responds with an answer within 30 days of being served with the divorce papers. If your spouse files an answer and agrees with everything in the complaint, you may complete a Request for Hearing and file it with the Court Clerk. If no answer is received within 30 days, you may file a Request for Hearing and a completed Affidavit of Default for Divorce, along with evidence that your spouse was properly served with the divorce paperwork. After obtaining a notice of the hearing date, you are required to mail a copy to your spouse by certified mail, and a return receipt is requested.
Finalizing the divorce: In an uncontested divorce, your spouse may choose not to attend the divorce hearing. However, you must be present at the hearing. Prior to the hearing, you must complete a Final Order of Divorce and a Report of Divorce or Annulment. At the hearing, the judge will review your paperwork, hear testimony from witnesses, and ask you some questions. Afterward, you may be required to complete the Judgment in a Family Court Case form. Finally, the judge will sign the form and the Final Order of Decree. Ensure that both forms are filed with the Clerk and get a certified copy of each form. The Clerk of Court will provide your spouse or your spouse's attorney with a copy of the Final Order of Divorce. You are officially divorced when you get a clocked copy of the Final Order of Divorce from the Clerk of the Family Court.

If your spouse files an answer indicating disagreement with your divorce complaint, the case becomes a contested divorce. Consequently, you will undergo discovery, which refers to exchanging and gathering evidence in preparation for settlement negotiations or trial, and various court hearings. If you and your spouse cannot reach a complete settlement at a point in the process, the case will proceed to trial, and a judge will ultimately decide on all unresolved issues. Once the judge makes a decision on all outstanding matters, a final decree will be issued which must be filed with the Court Clerk.

South Carolina Divorce Decree

A divorce decree in South Carolina is a legal document issued by the Family Court that finalizes the dissolution of a marriage. This decree provides critical information on the marriage and specific instructions and orders that must be adhered to by the divorced parties. The information in a South Carolina divorce decree includes the names of the parties involved, the date of the divorce, and the terms agreed upon or ordered by the court. These terms can cover various issues, including the division of debts and marital property, child custody and visitation rights, child support, and alimony.

How to Find and Access South Carolina Divorce Records

South Carolina allows requesters to obtain divorce decrees and divorce records. Actual copies of divorce decrees are available at the Family Courts where the divorces were filed. The South Carolina Department of Health and Environmental Control (DHEC), which maintains divorce records, does not have divorce decrees. The DHEC provides access to certified copies of divorce reports for divorces decreed in the state between July 1962 and December 2023.

If you plan to obtain a certified copy of a divorce report in the state, you must be the divorced spouse, an adult child of the divorced parties, and a present or former spouse of either divorced party or their legal representatives. If you do not fall into any of the categories above, you may only receive an information copy, stating that the divorce occurred, including the county and date of divorce.

To apply for a certified copy of a divorce report, you need to provide the following:

Full name of both divorcing parties
County where the divorce hearing held
Date of the divorce
Signature of the individual requesting the divorce record and their current mailing address
Full name and mailing address where the certified copies are to be mailed
The relationship between the divorced parties and the individual requesting the certified copy
The area code and daytime telephone number of the individual requesting the record

For specific steps in obtaining a divorce record in the state, select any of the options stated below:

Offline Access

You can obtain a copy of your South Carolina divorce decree from the Clerk of the Court's Office in the county in which the divorce was filed.

To obtain a divorce record in person, you may use the same-day service offered by the Vital Records office of the state Department of Health and Environmental Control (DHEC). The DHEC office is located at 2600 Bull Street, Columbia, and is open between 8:30 a.m. and 5:00 p.m. To use this option, you will need a completed application form, a $17 expedited searching fee, a $3 for each additional copy, and a valid government, school, or employer-issued photo identification. In-person requests are typically completed in 30-45 minutes.

A mail request option exists for a person who prefers the choice. To request a divorce record by mail, send a completed application form, a $12 searching fee, a $3 fee for each additional copy, and a photocopy of a valid government, school, or employer-issued photo ID to:

Vital Records Section

P.O. Box 2046

West Columbia, SC 29171

The average processing time for mail requests is four weeks.

Drop-off requests are also accepted at the South Carolina DHEC office in Richland County. If you seek a divorce record from the county, you may use the drop-off service available at the DHEC office (2600 Bull Street, Columbia) by submitting a completed application form, valid ID, and appropriate fee. The applicable fee may be paid with exact cash, money order, or cashier's check made out to S.C. DHEC. You will be issued a receipt when you drop off your request. When your request is available, you may pick it up at the Columbia State Office, or the office can mail the divorce report to your address.

If you have not obtained a response to your divorce order request within 30 days of submission, call the South Carolina DHEC at (803) 898-3630 or e-mail the vital records office at vrrequeststatus@dph.gov for an update.

Online Access

To obtain a divorce report online, visit the website of the state's approved vendor - VitalChek. South Carolina only allows persons named on the divorce reports, their adult children, or former and present spouses to order divorce records via VitalChek. To obtain this report, you must provide a $17 non-refundable expedited searching fee, a $3 fee for each additional copy, a $12.85 additional fee for the services offered by VitalChek, and shipping fees if you opt to receive the records by UPS instead of regular U.S. mail.

South Carolina also provides access to divorce case information from its courts via the case search feature of the South Carolina judicial branch website. You can obtain case information for divorce cases in the state by selecting the county resource on the judicial branch website and providing search data, such as the name of a divorcing party and the case number.

References

Counties in South Carolina

List of Content

What are Divorce Records?
Are Divorce Records Public in South Carolina?
Divorce Stats and Rates in South Carolina
Grounds for Divorce in South Carolina
How to File for Divorce in South Carolina
1. South Carolina Divorce Decree
How to Find and Access South Carolina Divorce Records
1. Offline Access
2. Online Access