South Carolina Divorce Records

Divorce rates in South Carolina have shown some fluctuations over the years, but generally remain around the national average. Recent data suggests a divorce rate of approximately 2.2 divorces per 1,000 South Carolinians, slightly below the national average of 2.4 divorces per 1,000 population.

South Carolina recognizes both fault-based and no-fault grounds for divorce. In fault-based divorces, one spouse must provide evidence that the other is responsible for the marriage's failure, while no-fault divorces do not require either party to prove misconduct. As such, fault-based divorces are often more complex and contentious compared to no-fault divorces. This, in turn, can influence the overall cost of the divorce proceeding. Other factors that influence divorce costs in South Carolina include attorney fees, court filing fees, and mediation expenses. On average, you can expect to spend about $10,150 for a divorce in The Palmetto State, higher than the national average of $9,969 (per person).

Are Divorce Records Public in South Carolina?

Divorce records in South Carolina are generally considered public records and may be inspected and copied by any interested party, in line with the state's Freedom of Information Act (FOIA). However, it is important to note that, per this law, certain types of divorce records (or information contained within the record) may be exempt from public disclosure. These include, but are not limited to, social security numbers, financial account numbers, medical records, certain information involving minor children, and records sealed by court order.

What Is Included in South Carolina Divorce Records?

In South Carolina, the term "divorce records" generally refers to any official document generated about a divorce case. The primary types of divorce records obtainable in the state are:

• Divorce Decrees: These are court-issued documents that represent the final judgment of the divorce. They typically contain detailed information about the divorce, including property division, child custody arrangements, alimony (spousal support), and other court-ordered provisions. These records are maintained by the Clerk of Court in the county where the divorce was finalized.
• Divorce Reports: These contain summarized information about the divorce, such as the names of the involved parties, the date of the divorce, and the county where the divorce was finalized. Divorce reports are maintained at the state level by the South Carolina Department of Health, and they typically serve as official proof of the divorce. These documents are sometimes referred to as "divorce certificates".
• Divorce Case Files: A divorce case file is a collection of all documents filed with or generated by the court during particular divorce proceedings (including the divorce decree). These records are also maintained locally by the Clerk's offices.

How Do I Find South Carolina Divorce Records?

South Carolina divorce records are available locally at the Clerk of Court's office in the county where the divorce was finalized, but may also be accessed at the state level through the Department of Health. Certified copies of these records are often required for various legal purposes, such as:

• Processing a name change
• Providing official proof of divorce status for remarriage
• Updating personal information with the government and financial institutions
• Revising wills, trusts, and other estate planning documents
• Enforcing or modifying court orders related to child custody, support, and/or visitation

Look Up South Carolina Divorce Certificate

The South Carolina Department of Public Health (DPH) provides access to certified copies of divorce reports for divorces that were finalized between July 1962 and December 2023. You may obtain copies of these records by contacting the department in person at:

You will need to submit a completed Vital Records Marriage/Divorce Application Form, provide a valid government, school, or employer-issued photo ID, and pay a non-refundable fee of $17. Be aware that you will be charged an additional $3 fee per extra copy (of the same record) requested.

Requests may also be submitted by mailing the completed form, a copy of a valid ID, and the applicable fees, to the department at:

It is important to note that the DPH only issues certified copies of divorce reports to the divorced parties, their adult children, present or former spouses, and legal representatives. Nonetheless, requesters who do not belong to any of these categories may be issued a statement confirming the divorce, including its date and location.

In-person requests are typically processed on the same day, while mail-in requests may take up to four weeks. You may contact the DPH at (803) 898-3630 or via email for an update if you have yet to receive a response to your request after 30 days.

Look Up South Carolina Divorce Decree

South Carolina divorce decrees may be accessed locally through the Clerk of Court in the county where the divorce was finalized. You will typically need to take the following steps to obtain copies of these records:

• Determine the county where the divorce was granted.
• Contact the county's Clerk of Court's office.
• Submit a request for the record. You will usually be required to provide key details like the names of both parties, the case number (if available), and the date of the divorce. Some counties provide official request forms as well as online portals for submitting record requests.
• Pay any required fees. Costs vary by county, but typically range from $1 - $10 per copy.

Look Up South Carolina Divorce Court Records

You may view and obtain copies of South Carolina divorce court records (documents contained within a case file) by submitting a records request to the Clerk of Court in the county where the divorce proceedings were held and paying the stipulated fees. Note that while these records are generally accessible to the public, certain documents may be restricted from public disclosure.

The South Carolina Judicial Branch also provides a Case Records Search platform that may be used to access public divorce court records online. However, record availability may vary by county.

Can You Seal Divorce Records in South Carolina?

While South Carolina divorce records are generally public, access to certain sensitive information within these records may be restricted by court order (at the request of one of the parties involved in the case) for privacy reasons. This process is known as "record sealing".

To seal part or all of your divorce record, you must file a motion with the Family Court that handled the case. This motion should clearly state the specific information you wish to seal and provide a compelling reason demonstrating that your privacy interests outweigh the public's right to access that information. Common reasons for sealing portions of divorce records include protecting victims of domestic violence, safeguarding confidential financial information, and preventing the disclosure of proprietary business details.

The court will review your motion (and may hold a hearing) before making its decision. It is important to note that the decision to seal a divorce record is at the court's discretion, and often, only the sensitive portions of the record will be sealed, allowing public access to the remaining information.

How Long Does a Divorce Take in South Carolina?

Per Section 20-3-80 of the South Carolina Code of Laws, at least two months must pass after a divorce complaint is filed before any legal reviews or hearings regarding the case can take place. Additionally, a final divorce decree cannot be issued until at least three months after the complaint was filed. This mandatory waiting period is implemented to ensure that both parties have time to prepare for the legal proceedings and that any potential reconciliation or other matters are considered before the divorce is finalized.

Does South Carolina Require Separation Before Divorce?

South Carolina does not typically require a mandatory separation period before filing for divorce, except when the no-fault ground of "living separate and apart without cohabitation for one year" is used. In these cases, the couple must have been separated for at least one year.

How Are Assets Split in a South Carolina Divorce?

South Carolina follows the principle of equitable distribution when it comes to splitting assets between divorcing couples. Per state law, marital property shall be "equitably apportioned" between spouses during a divorce - this basically means that the property will be split fairly, but not necessarily equally. Marital property refers to all assets - both real estate and personal belongings - acquired by spouses during their marriage and still owned at the time of divorce proceedings, regardless of whose name is on the title. Note that certain types of property (classified as non-marital property) are excluded from division. These include property owned before the marriage, inherited or gifted property (during the marriage), and property explicitly excluded from division by written agreements (such as a prenuptial agreement).

Family Courts typically consider various factors when determining an equitable apportionment of marital property, including:

• The duration of the marriage, together with each spouse's age at the time of marriage and divorce.
• Marital misconduct on the part of either spouse.
• The value of the property and each spouse's contributions towards acquiring, preserving, depreciating, or appreciating this value.
• Each spouse's non-marital property.
• Child custody arrangements and obligations at the time of the property division.
• Each spouse's physical and emotional health.

Who Gets Custody of a Child in Divorce in South Carolina?

Historically, South Carolina Family Courts, like many others, often favored mothers in child custody decisions following a divorce. However, the state has since abolished the Tender Years Doctrine; per South Carolina's current child custody laws, custody determinations are now based on the best interests of the child (rather than gender preference). Nevertheless, recent studies show that after divorce, fathers in South Carolina typically receive around 27.8% of parenting time, which is below the national average of 35%.

South Carolina recognizes two primary types of custody:

• Legal Custody: This determines which parent has the authority to make major decisions about the child's upbringing, including education, healthcare, and religious matters. This custody may be joint, meaning both parents share equal responsibility for making major decisions about their child's life, or sole, where one party has full authority over major decisions regarding the child. Note that, in cases where joint custody is awarded, the court may give one parent sole authority over specific decisions while both parents still share rights in other areas.
• Physical Custody: This refers to where the child primarily resides and which parent is responsible for daily care. This custody may also be shared between both parents, or granted to one party (the primary/custodial parent), while the other is given visitation rights.