Aiken Divorce Records
Aiken divorce records are filed at the Aiken County Family Court. Aiken is the county seat of Aiken County and the largest city in the CSRA region on the South Carolina side of the Savannah River, with a population of approximately 30,000 residents. All divorce cases for Aiken residents are handled at the Aiken County courthouse on Park Avenue SE. The Clerk of Court maintains all divorce filings and makes copies of judgments and decrees available to those who request them.
Aiken Quick Facts
Where to File for Divorce in Aiken
Aiken residents file for divorce at the Aiken County Family Court. The courthouse is located in downtown Aiken on Park Avenue SE and serves all residents of Aiken County. This is where new divorce cases are filed and where certified copies of divorce records can be obtained. The Clerk of Court handles all filings, records, and copy requests for Aiken County divorce cases.
| Court | Aiken County Family Court |
|---|---|
| Address | 109 Park Ave SE Aiken, SC 29801 |
| Phone | (803) 642-1575 |
| Hours | Monday through Friday, 8:30 AM to 5:00 PM |
| Website | aikencountysc.gov |
The Aiken County courthouse is in downtown Aiken, easily accessible to residents throughout the city. Parking is available in lots near the building. Security is in place at the courthouse entrance, so bring a valid photo ID when you visit to file paperwork or obtain divorce records in Aiken.
How to Search Aiken Divorce Records
Aiken divorce records can be searched online through the South Carolina Judicial Branch Public Index or in person at the Aiken County courthouse. Online searches provide free access to basic case details, including party names, filing dates, and current case status. For certified copies of documents from an Aiken divorce case, you must contact the Clerk of Court or visit the courthouse.
The SC Judicial Branch Public Index at sccourts.org includes all Aiken County Family Court cases. Search by party name or case number to find information on an Aiken divorce at no cost. For copies of court documents, contact the Clerk of Court at (803) 642-1575 or visit the courthouse on Park Avenue SE.
When searching for Aiken divorce records, have ready:
- The full name of at least one spouse
- The year the divorce was filed or finalized
- The case number if it is available
Clerk of Court staff in Aiken can search records by name or number and produce copies from the case file. Certified copies carry a higher fee than plain copies. Call (803) 642-1575 before visiting to confirm current fees and any identification requirements for accessing Aiken divorce records.
Divorce Filing Process in Aiken
Aiken residents follow South Carolina state law when filing for divorce. All filings are made at the Aiken County Family Court on Park Avenue SE. Every document filed with the court becomes part of the public case record, and copies are available through the Clerk of Court.
Before filing, at least one spouse must meet the residency requirement under S.C. Code Ann. § 20-3-30. One spouse must have been a South Carolina resident for at least one year prior to filing. If both spouses currently live in South Carolina, the required period drops to three months. Aiken residents who satisfy this requirement can file at the county courthouse.
You start your case by filing a complaint for divorce with the Aiken County Clerk of Court. The filing fee is approximately $150. Your spouse must then be served with the complaint. This can be done through the Aiken County Sheriff's Office, a licensed private process server, or another method allowed under South Carolina law. Proof of service is filed with the court and added to the Aiken divorce case record.
Under S.C. Code Ann. § 20-3-10, South Carolina's no-fault divorce ground is one continuous year of living separate and apart. Fault-based grounds include adultery, physical cruelty, habitual drunkenness or drug use, and one year of desertion. Aiken residents must establish at least one ground before the court will grant the divorce.
When both parties agree on all terms, they may submit a written settlement agreement for the judge to review and approve. Once the judge signs off, the divorce decree is entered and the marriage is dissolved. The decree is a public record under the SC Freedom of Information Act (S.C. Code Ann. § 30-4-10).
Note: South Carolina divides marital property through equitable distribution under S.C. Code Ann. § 20-3-620. Alimony, child custody, and child support are all addressed within the same Aiken County Family Court divorce proceeding.
Aiken Divorce Fees
Fees for divorce in Aiken follow the South Carolina statewide fee schedule and are collected at the Aiken County courthouse. Filing a new divorce complaint costs approximately $150. Call the Clerk of Court at (803) 642-1575 before filing to confirm the most current fee amounts for your Aiken divorce case.
Common fees for an Aiken divorce include:
- File a complaint for divorce: ~$150.00
- Response filing fee: varies
- Motion filing fee: varies
- Certified copy of decree: varies
Aiken residents who cannot afford the filing fees may apply for a fee waiver in forma pauperis at the Aiken County courthouse. You must file a petition and show documentation of financial hardship, such as receipt of public assistance or income below the court's threshold. The judge reviews your request and decides whether to waive the fees. Plain and certified copies of existing Aiken divorce records carry separate fees; certified copies cost more than plain ones. Ask the Clerk of Court for the current copy fees when you call.
Legal Help for Divorce in Aiken
Several organizations offer legal help to Aiken residents facing a divorce. Free assistance is available to those who qualify, and attorney referral services can connect you with family law representation in Aiken County.
South Carolina Legal Services offers free civil legal help to income-eligible residents throughout South Carolina, including those in Aiken County. Visit sclegal.org to apply for assistance or learn whether you qualify for help with your Aiken divorce case.
The South Carolina Bar's lawyer referral service is available by calling (803) 799-6653. The Aiken County Bar Association can also help Aiken residents locate qualified family law attorneys in the area. For self-help resources, the South Carolina Judicial Branch at sccourts.org provides court forms, filing instructions, and step-by-step guides for managing your own Aiken divorce case.
Aiken Community Resources
Aiken and Aiken County offer programs that can help residents manage the practical challenges that come with a divorce. These services address housing, child care, crisis support, and related needs. While they do not provide legal help, they fill important gaps for Aiken residents navigating the divorce process.
Community resources available to Aiken residents include:
- Child care assistance programs through Aiken County
- Child protective services through SC DSS
- Child support enforcement through SC Department of Social Services
- Domestic violence advocacy and emergency shelter
- Emergency and transitional housing programs
- Mental health counseling and crisis services
- Substance abuse treatment and recovery support
For domestic violence help, call the National Domestic Violence Hotline at 1-800-799-7233 at any time. Organizations in Aiken offer safety planning and legal advocacy for survivors of domestic violence. For child support questions, contact the SC Department of Social Services Child Support Division. The Aiken County Department of Social Services can also direct you to additional local programs available to Aiken residents.
Filing Without a Lawyer in Aiken
Aiken residents can file for divorce without hiring an attorney, a process known as filing pro se. This is most practical when both spouses agree on the divorce and there are no major disputes over property, debt, or children. The court does not offer legal advice, but resources are available to help Aiken residents handle their own divorce case in Aiken County.
The South Carolina Judicial Branch at sccourts.org provides all required court forms for filing a divorce in South Carolina at no cost. Complaint forms, financial affidavits, and other required documents are available for free download. Forms are organized by case type and clearly labeled.
The Aiken County Family Court Clerk's office on Park Avenue SE can walk you through the filing process and identify which forms apply to your case. If children are involved, additional forms such as parenting plans and child support worksheets are required. Call (803) 642-1575 before visiting to confirm what you need to bring to file your Aiken divorce case.
Divorce Certificates in Aiken
After an Aiken divorce is finalized, you may need either the divorce decree or a divorce certificate. A divorce certificate is a brief official document from the state confirming that the divorce occurred. A divorce decree is the full court order with all terms. Most legal and financial matters require the decree, but some only call for the certificate.
SC DHEC, Division of Vital Records issues divorce certificates for South Carolina divorces. To request one, mail a written request and a fee of $12 per certified copy to: Division of Vital Records, 2600 Bull Street, Columbia, SC 29201.
To get the full divorce decree for an Aiken case, contact the Clerk of Court at the Aiken County courthouse on Park Avenue SE. The decree includes all terms of the court's divorce order, including property division, any alimony award, and custody or support arrangements if applicable. The certificate provides only the names of the parties, the date, and the county. For most situations requiring proof of an Aiken divorce, the decree is the more complete and useful document.
Note: South Carolina divorce certificates are available from the Division of Vital Records for divorces that took place from 1962 to the present.
Aiken County Divorce Records
Aiken is the county seat of Aiken County, and all divorce filings go through the Aiken County Family Court. For more details on the county court system, full fee schedules, related records, and additional resources, visit the Aiken County divorce records page.
Nearby South Carolina Cities
Residents of nearby cities file for divorce at their own county courthouse. Pick a city below to learn about divorce records in that area.