Charleston Divorce Records
Charleston divorce records are filed at the Charleston County Family Court. Charleston is the largest city in Charleston County and one of the largest cities in South Carolina with about 150,000 residents. All divorce cases for Charleston go through the Charleston County Family Court. The Clerk of Court keeps all divorce files and provides copies of judgments.
Charleston Quick Facts
Where to File for Divorce in Charleston
Charleston residents file for divorce at the Charleston County Family Court. The courthouse is located in downtown Charleston. This is where you file new cases and obtain copies of divorce records in Charleston. The court serves all residents within Charleston County.
| Court | Charleston County Family Court |
|---|---|
| Address | 100 Broad Street Charleston, SC 29401 |
| Phone | (843) 958-5000 |
| Hours | Monday through Friday, 8:30 AM to 5:00 PM |
| Website | charlestoncounty.org |
The courthouse is in downtown Charleston near the historic district. Paid parking is available at nearby garages and meters. Security screens all visitors at the entrance, so bring a valid photo ID and avoid large bags when going to get divorce records in Charleston.
How to Search Charleston Divorce Records
You can search for divorce records in Charleston online or in person at the courthouse. Online searches work well when you only need basic case information like dates and party names. In-person visits let you review the full case file and get certified copies the same day. Both methods give you access to divorce records going back many years in Charleston.
The South Carolina Judicial Branch Public Index covers all of Charleston County. You can search by party name or case number. The system provides access to party names, filing dates, and case status at no charge. For copies of actual documents, you need to contact the Clerk of Court or visit the courthouse. Go to sccourts.org to begin your search for Charleston divorce records.
To search divorce records in Charleston, you need:
- Full name of at least one spouse
- Year the divorce was filed
- Case number if you know it
You can also visit the Clerk of Court office in person to search divorce records in Charleston. Staff can look up cases by name or case number and make copies from the file. Certified copies cost more than plain ones. Call ahead at (843) 958-5000 to ask what you need to bring. Charleston residents can also use the SC Judicial Branch Public Index at sccourts.org to look up case information online.
Divorce Filing Process in Charleston
Charleston residents follow South Carolina state law when filing for divorce. The process is the same statewide, but you must file at the correct court. Charleston residents file at the Charleston County Family Court. Each step creates records that become part of your case file, and you can get copies of any document once it is filed in Charleston.
First, you must meet the residency requirement under S.C. Code Ann. § 20-3-30. At least one spouse must have been a South Carolina resident for at least one year before filing. If both spouses are South Carolina residents, only three months of residency is required. If you live in Charleston now, you can file here.
You file the complaint for divorce at the Clerk of Court in Charleston. The filing fee is approximately $150 for a standard divorce case. Next, you must serve your spouse with the papers. You can use the Charleston County Sheriff, a private process server, or other methods allowed by South Carolina law. Proof of service goes in the court file in Charleston.
South Carolina offers one no-fault ground for divorce. Under S.C. Code Ann. § 20-3-10, you can file based on living separate and apart for one continuous year. Fault grounds include adultery, physical cruelty, habitual drunkenness or narcotics use, and desertion for one year. Charleston residents must meet one of these grounds before the court can finalize the divorce.
Once the applicable grounds are met, the case can proceed in Charleston. If both parties agree on all terms, you can submit a settlement agreement for the judge to approve. The divorce decree dissolves the marriage and becomes a public record under the SC Freedom of Information Act (S.C. Code Ann. § 30-4-10).
Note: Property is divided through equitable distribution under S.C. Code Ann. § 20-3-620. Spousal support, alimony, and custody arrangements are all addressed within the same divorce case in Charleston. South Carolina courts handle these issues together rather than as separate claims.
Charleston Divorce Fees
Fees for divorce in Charleston follow the standard South Carolina fee schedule and apply at the Charleston County courthouse. The cost to start a new divorce case is approximately $150. Fees can change, so call the Clerk of Court at (843) 958-5000 to confirm current rates before you file in Charleston.
The main fees for divorce in Charleston are:
- File a complaint for divorce: ~$150.00
- Response filing fee: varies
- Motion filing fee: varies
- Certified copy of decree: varies
If you have low income, you may apply for a fee waiver (in forma pauperis) in Charleston. You complete the appropriate petition form with the court. You must show proof that you cannot afford the fees, such as receiving public assistance or having income below the threshold set by the court. The court reviews your petition and decides if you qualify. Getting copies of existing divorce records in Charleston has its own fees. Plain copies cost less than certified ones. Call the Clerk of Court to ask about current copy costs for divorce records in Charleston.
Legal Help for Divorce in Charleston
Several organizations offer help with divorce cases in Charleston. Some provide free legal representation to people with low income. Others offer initial consultations at a reduced rate. These resources can help you understand the law, complete court forms, or find a family law attorney in Charleston.
South Carolina Legal Services has offices serving Charleston and all of Charleston County. They provide free legal help to people who qualify based on income. Visit their website at sclegal.org for more information on services available in Charleston.
The South Carolina Bar runs a lawyer referral service at (803) 799-6653. The Charleston County Bar Association also offers resources for residents who need a family law attorney in Charleston. The South Carolina Judicial Branch at sccourts.org has step-by-step guides, court forms, and instructions for people handling their own divorce cases in Charleston.
Charleston Community Resources
The City of Charleston and Charleston County offer resources that may help during a divorce. These are not legal services, but they can assist with related needs like child care, housing, and crisis support. Many people going through a divorce in Charleston face challenges beyond the court case itself. These city and county programs can help fill some of those gaps.
Charleston community resources include:
- Child care assistance programs
- Child protective services through SC DSS
- Child support enforcement through SC Department of Social Services
- Domestic violence legal advocacy
- Emergency shelters and transitional housing
- Crisis hotlines and counseling services
- Mental health and substance abuse services
Find more through the Charleston County Department of Social Services. For domestic violence help, contact the National Domestic Violence Hotline at 1-800-799-7233 any time of day or night. Charleston offers legal advocacy and safety planning services for domestic violence survivors. For child support questions, contact the SC Department of Social Services Child Support Division for assistance.
Filing Without a Lawyer in Charleston
Some Charleston residents file for divorce on their own without an attorney. This is called filing pro se. It works best when both spouses agree on the divorce and there are no complicated issues with property or children. The court does not provide legal advice, but several resources can help you handle your own divorce case in Charleston.
The South Carolina Judicial Branch at sccourts.org has all the court forms you need to file for divorce in Charleston. The site has complaint forms, response forms, and all other required papers. Forms specific to family matters are grouped together for easy access. All forms are free to download and print.
The Charleston County Family Court can assist with form selection and filing procedures. If children are part of your case, you may need additional forms including custody agreements and child support worksheets. The Clerk of Court can tell you exactly what forms you need to file for divorce in Charleston.
Divorce Certificates in Charleston
After a divorce is final in Charleston, you may need a divorce certificate. This is not the same as the divorce decree. A certificate is a shorter document from the state health authority that confirms the divorce happened. A decree is the full court order. Most legal matters need the decree, but some only need a certificate.
SC DHEC, Division of Vital Records issues divorce certificates. You can order one by mailing a request to the Division of Vital Records, 2600 Bull Street, Columbia, SC 29201. The fee is $12 per certified copy.
For the full divorce decree, you get that from the Clerk of Court in Charleston. The decree shows the court order dissolving the marriage and all other terms. The certificate only shows basic facts: names, date, and county. Most people who need to prove their divorce in Charleston will want the decree since it contains more detail than a certificate.
Note: Divorce certificates from the Division of Vital Records are available for divorces from 1962 to the present day in South Carolina.
Charleston County Divorce Records
Charleston is located in Charleston County, and all divorce filings go through the Charleston County Family Court. The county court handles all cases within the county. For more on the county court system, full fee lists, related records, and other resources, visit the Charleston 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.