Find Divorce Records in Aiken County
Aiken County divorce records are official legal documents maintained by the Clerk of Court at the Aiken County Family Court. Aiken County sits along the western edge of South Carolina near the Georgia border and is home to more than 170,000 residents. The Family Court handles all divorce proceedings for county residents. The county seat is the city of Aiken. A divorce decree from Aiken County serves as the definitive legal proof of a dissolved marriage and is required for many post-divorce legal and administrative matters.
Aiken County Quick Facts
Aiken County Family Court
The Aiken County Clerk of Court serves as the official custodian of all divorce records filed in the county. The office processes new filings, maintains the case archive, and issues copies upon request. Divorce records in Aiken County are maintained pursuant to S.C. Code Ann. § 20-3-10 and are kept permanently per South Carolina records retention schedules. The courthouse is located in downtown Aiken at 109 Park Avenue SE.
The Aiken County Family Court has jurisdiction over all divorce and family law matters for residents of the county. This includes dissolutions of marriage, legal separation, child custody, visitation schedules, alimony, and division of marital property. When both parties agree on all terms, the case moves faster. Contested divorces require more court appearances and generate larger case files. Either way, all documents become part of the official Aiken County divorce record.
The image below shows the Aiken County divorce records resource page, a useful starting point for understanding what documents are available and how to request them.
Review the Aiken County divorce records page at aikenrecords.us/divorce-records for additional guidance on requesting documents from the Clerk of Court.
| Court | Aiken County Clerk of Court 109 Park Avenue SE Aiken, SC 29801 Phone: (803) 642-1715 |
|---|---|
| Hours | Monday through Friday, 8:30 AM to 5:00 PM |
How to Search Aiken County Divorce Records
Online access to Aiken County divorce records is available through the SC Judicial Department Public Index. Go to sccourts.org, select Aiken County, and search by party name, case number, or filing date. The system returns basic case details at no charge. You can confirm whether a divorce was filed, view the case number, and see the current status without visiting the courthouse.
For full document access, contact the Aiken County Clerk of Court. You will need to provide the full names of both parties as they appear on the decree, the approximate divorce date, and the case number if known. A valid government-issued photo ID is required. You may visit in person at 109 Park Avenue SE in Aiken, or send a written request by mail. Include payment for the applicable fees when submitting a mail request. A complete records request form is available at the clerk's office.
The SC Family Court Case Management System is another online resource for checking basic Aiken County divorce case information. It provides case numbers, party names, filing dates, case types, and current status. Full documents are not available through this portal. Contact the Aiken County Clerk of Court directly for certified copies or full file access.
Note: Records scheduled for review in Aiken County are evaluated by the clerk and county attorney before any action is taken. Records with historical significance may be transferred to the SC Department of Archives and History rather than destroyed.
Aiken County Divorce Fees
Filing a complaint for divorce in Aiken County costs approximately $150. This fee is paid to the Clerk of Court at the time of filing. South Carolina sets the statewide filing fee schedule, and Aiken County follows those rates. Call (803) 642-1715 before filing to confirm the current fee amount.
Certified copies of divorce decrees cost $5.00 per document plus $1.00 per page in Aiken County. Plain, uncertified copies cost less. The total depends on the number of pages in the document. Mail requests may require an additional fee for postage. Service of process fees apply when serving the opposing party. Using the Aiken County Sheriff for service adds a separate charge to the total cost of your case.
Fee waivers are available for qualifying individuals. File an Affidavit and Application to Proceed In Forma Pauperis with the Aiken County Family Court to request a waiver. The court reviews your financial circumstances and issues a ruling. If granted, filing fees and some court costs are waived for your Aiken County divorce case.
Divorce Filing Process in Aiken County
Divorce proceedings in Aiken County begin at the Clerk of Court. The filing party submits a complaint for divorce that sets out the grounds and relief requested. The approximately $150 fee is paid at that time. The clerk assigns a case number, and the case formally begins. All subsequent filings in the Aiken County divorce case carry that case number and are stored in the same file.
Under S.C. Code Ann. § 20-3-30, one spouse must be a South Carolina resident for at least one year before filing. If both spouses reside in South Carolina, three months of residency satisfies the requirement. Residency in Aiken County establishes jurisdiction here. After filing, the opposing spouse must be formally served. Service can be accomplished through the Aiken County Sheriff, a licensed private process server, or certified mail with return receipt. Proof of service is filed with the court.
South Carolina recognizes five grounds for divorce under S.C. Code Ann. § 20-3-10. These are adultery, desertion lasting one year, physical cruelty, habitual drunkenness or narcotics dependency, and one year of continuous separation. The separation ground is no-fault and is used in the majority of Aiken County divorce cases. After the required periods are met and all issues are resolved, the judge holds a final hearing and signs the divorce decree. That decree becomes a permanent public record filed with the Aiken County Clerk of Court.
Under S.C. Code Ann. § 20-3-620, marital property is divided by equitable distribution. The court divides assets and debts fairly based on each spouse's circumstances, though equal division is not guaranteed.
What Aiken County Divorce Records Contain
A complete Aiken County divorce case file includes all documents submitted from the initial complaint through the final decree. The complaint for divorce is the opening document. It states the grounds for divorce under SC law and outlines what the filing party is requesting. The answer responds to those claims. Financial declarations from both parties detail income, assets, and debts. These documents form the core of the Aiken County divorce record.
Property settlement agreements and parenting plans are included when parties reach agreement out of court. These contracts become enforceable court orders once the judge signs them. They outline how real estate, bank accounts, retirement funds, and personal property are divided. Custody schedules, visitation arrangements, and child support calculations are also documented in the Aiken County case file when children are involved.
The final divorce decree is the primary document most people request. It states that the marriage is legally dissolved and may include rulings on property, alimony, name restoration, and children. Certified copies are frequently needed for name changes, property transfers, and international legal purposes. For documents requiring official authentication outside the US, an apostille may be obtained from the SC Secretary of State pursuant to applicable state law.
Aiken County divorce records are public documents under S.C. Code Ann. § 30-4-10. Access is open to any member of the public. Documents containing Social Security numbers, minor children's identifying details, or financial account information may be partially redacted. Limited access applies to financial declarations, records involving minor children, and sealed orders.
Divorce Certificates in Aiken County
A divorce certificate from the SC Department of Public Health is a summary document confirming that a divorce occurred. It is different from the full divorce decree issued by the Aiken County Family Court. The certificate includes the names of both parties, the date of the divorce, and the county where it was filed. It does not contain the terms of any settlement or custody arrangement.
SC DPH Vital Records maintains divorce certificates for divorces granted in South Carolina between July 1962 and December 2023. To order one, contact the office at 2600 Bull Street, Columbia, SC 29201, or call (803) 898-3630. Orders can also be placed through VitalChek at 1-877-284-1008. The cost is $12 per certified copy. You must provide a copy of a valid government-issued photo ID with your request. Learn more at dph.sc.gov/public/vital-records/divorce-reports.
For divorces outside the DPH date range, or when you need the complete court order, contact the Aiken County Clerk of Court at (803) 642-1715. The full decree is required for most legal purposes, including property transactions and some government filings.
Legal Help for Divorce in Aiken County
People who need help with a divorce case in Aiken County have several options. South Carolina Legal Services provides free civil legal assistance to low-income residents. Call 1-888-346-5592 to check eligibility and request help. They can assist with forms, explain your rights, and in some cases provide full representation for your Aiken County divorce.
The South Carolina Bar Lawyer Referral Service connects callers with licensed family law attorneys. Call 1-800-868-2284. Many attorneys in the Aiken area offer a reduced-fee first consultation. This meeting can help you assess your situation and decide whether to retain an attorney or proceed on your own.
Self-represented litigants can find forms and procedural instructions at sccourts.org. The SC Judicial Branch publishes guidance specifically for people filing without an attorney. Review all applicable forms before visiting the Aiken County Family Court. Court staff cannot provide legal advice but can direct you to the correct forms for your filing.
Related Records in Aiken County
The Aiken County Register of Deeds maintains property records that often change as a result of divorce settlements. When a court orders the transfer of real estate, the new deed is recorded with this office. The Probate Court holds marriage licenses, which may be needed as supporting documents during the divorce process. Both offices are located in the Aiken County governmental complex.
The SC Department of Social Services Child Support Services Division handles ongoing child support enforcement for Aiken County residents after a divorce. Modifications to child support or custody orders are filed with the Aiken County Family Court. Protection from abuse orders connected to divorce proceedings are also handled through the same court. These related records round out the picture of a family's legal history in Aiken County.
Cities in Aiken County
Aiken County includes several incorporated cities and towns. All divorce cases for residents throughout Aiken County are filed at the Aiken County Family Court in the city of Aiken.
Nearby Counties
Divorce cases in South Carolina must be filed in the county where either spouse resides. If you do not live in Aiken County, check the surrounding counties below to locate the right court for your case.