Berkeley County Divorce Court Records
Berkeley County court records encompass all official documentation from legal proceedings in the county, including divorce cases handled by the Family Court. Berkeley County is one of the fastest-growing counties in South Carolina and is located just north of Charleston. The county seat is Moncks Corner. Court records in Berkeley County are distinct from other public records such as property deeds, vital records, and tax records. The Clerk of Court at 300-B University Drive in Moncks Corner is the official custodian of all divorce decree records in the county.
Berkeley County Quick Facts
Berkeley County Family Court
The SC Judicial Department defines court records as "all documents, information, data, or other items collected, received, or maintained by a court or clerk of court in connection with a judicial proceeding" per SC Code § 14-1-200. Berkeley County court records span a wide range: civil litigation, criminal proceedings, family law matters including divorce, probate cases, traffic violations, and small claims. Family law matters including divorce are maintained specifically by the Berkeley County Family Court division.
The Berkeley County Clerk of Court at 300-B University Drive in Moncks Corner maintains all divorce decree records for the county. This office processes filings, stores the permanent case archive, and issues copies of documents. Staff can search by party name or case number to locate Berkeley County divorce records. Certified and plain copies are available upon request. The office is open during standard business hours and can also accept written mail requests.
The image below shows the Berkeley County court records resource page, a helpful reference for locating divorce and other Family Court filings in the county.
Review the Berkeley County court records page at berkeleyrecords.us/court-records for additional guidance on locating and requesting records from the Clerk of Court.
The official Berkeley County government website also provides direct access to Clerk of Court information and services.
Visit the Berkeley County Clerk of Court at berkeleycountysc.gov/clerk-of-court/ for current hours, contact information, and filing procedures.
| Court | Berkeley County Clerk of Court 300-B University Drive Moncks Corner, SC 29461 Phone: (843) 719-4400 |
|---|---|
| Hours | Monday through Friday, 8:30 AM to 5:00 PM |
| Website | berkeleycountysc.gov/clerk-of-court/ |
How to Search Berkeley County Divorce Records
Searching Berkeley County divorce records starts online or in person. The SC Judicial Branch at sccourts.org provides a statewide case search tool. Select Berkeley County and search by party name, case number, or filing date. Results include case types, filing dates, and current status at no charge. The SC Family Court Case Management System offers a similar search specifically for Family Court cases, including divorce decrees filed in Berkeley County.
Access to Berkeley County court records is governed by the South Carolina Freedom of Information Act under S.C. Code Ann. § 30-4-10. Most divorce case records are public, but exemptions exist for sensitive information. Records containing personal identifiers such as Social Security numbers or financial account information may be redacted before release. Records involving minor children may be subject to additional restrictions.
For certified copies or full document access, visit the Berkeley County Clerk of Court at 300-B University Drive in Moncks Corner or call (843) 719-4400. Bring a valid government-issued photo ID. Provide the full names of both parties, the approximate divorce date, and the case number if known. Mail requests are accepted with payment enclosed. Include a self-addressed stamped envelope when requesting documents by mail from the Berkeley County Clerk of Court.
Note: Berkeley County is among the fastest-growing counties in South Carolina, so processing times for records requests may vary. Call ahead to confirm availability and turnaround times.
Berkeley County Divorce Decree Fees
Filing a new complaint for divorce in Berkeley County costs approximately $150, consistent with the South Carolina statewide fee schedule. This fee is paid to the Clerk of Court at the time of filing. Call (843) 719-4400 before visiting to confirm the current rate.
Certified copies of divorce decrees are charged per document and per page. Plain copies are less expensive. Service of process fees apply when serving the other party. Using the Berkeley County Sheriff for service carries a set fee. Private process servers are available as an alternative. The total cost of obtaining Berkeley County divorce records depends on the length of the document and the number of copies needed.
Fee waivers are available for those who qualify. Submit an Affidavit and Application to Proceed In Forma Pauperis with the Berkeley County Family Court. The judge reviews your financial information and decides whether to grant the waiver. Approval reduces or eliminates the standard filing fees for your Berkeley County divorce case.
Divorce Filing Process in Berkeley County
Filing for divorce in Berkeley County begins with submitting a complaint for divorce to the Clerk of Court at 300-B University Drive in Moncks Corner. The complaint states the legal grounds for the divorce and what relief is being requested. Pay the approximately $150 filing fee at this time. The Clerk of Court assigns a case number. That number identifies all documents in the Berkeley County divorce record going forward.
Under S.C. Code Ann. § 20-3-30, at least one spouse must be a South Carolina resident for one year if the other spouse lives outside the state. If both spouses are South Carolina residents, three months of residency is sufficient. Berkeley County is the correct venue when either spouse resides there. After filing, the other party must be served with the summons and complaint through the Berkeley County Sheriff, a private process server, or certified mail with return receipt. Proof of service is filed with the court and becomes part of the permanent Berkeley County record.
South Carolina allows divorce on five grounds under S.C. Code Ann. § 20-3-10: adultery, desertion for one year, physical cruelty, habitual drunkenness or narcotics use, and one year of continuous separation. The no-fault separation ground is the most widely used in Berkeley County. Once all requirements are met and outstanding issues resolved, the judge conducts a final hearing and signs the divorce decree. The decree is filed with the Berkeley County Clerk of Court and kept as a permanent public record.
Marital property is divided under S.C. Code Ann. § 20-3-620 using equitable distribution. Berkeley County courts divide assets and debts fairly, weighing each spouse's circumstances, rather than splitting everything equally.
What Berkeley County Divorce Records Contain
Berkeley County court records document civil litigation, criminal proceedings, family law, probate cases, traffic violations, and small claims. Within the family law category, divorce records include all documents filed from the initial complaint through the final order. The complaint for divorce opens the case. Financial declarations from both parties document income, assets, and debts. Motions for temporary custody, support, or restraining orders may appear when filed during the proceedings.
The final divorce decree is the document most commonly requested from the Berkeley County Clerk of Court. It legally ends the marriage and reflects all decisions on property, alimony, children, and name restoration. When the parties agreed in advance, the settlement agreement is incorporated into the decree. When the judge resolved disputed issues at trial, those rulings appear in the decree. Certified copies of the Berkeley County divorce decree are required for name changes, property transfers, and remarriage applications.
Access is governed by the South Carolina Freedom of Information Act, S.C. Code Ann. § 30-4-10, with exemptions for sensitive information. Records containing personal identifiers such as Social Security numbers or financial account information may be redacted. Records involving minor children or sealed by the court have restricted access.
Divorce Certificates in Berkeley County
SC DPH Vital Records issues certified divorce certificates for divorces granted in South Carolina between July 1962 and December 2023. A certificate is a shorter document than the full court decree. It confirms the divorce occurred and shows the names of the parties, the date, and the county. It does not contain property settlement terms or custody details. Berkeley County residents often request certificates for name changes, remarriage, and international legal purposes.
Contact SC DPH Vital Records at 2600 Bull Street, Columbia, SC 29201, by phone at (803) 898-3630, or through VitalChek at 1-877-284-1008 to order a certified divorce certificate. The fee is $12 per certified copy. A copy of valid government-issued photo ID must accompany the request. Visit dph.sc.gov/public/vital-records/divorce-reports for full details.
For divorces outside the DPH coverage period, or when the complete court order is required, contact the Berkeley County Clerk of Court at (843) 719-4400. The full divorce decree from the Berkeley County Family Court provides all terms and legal rulings from the case.
Legal Help for Divorce in Berkeley County
Berkeley County residents who need legal help with a divorce can contact South Carolina Legal Services at 1-888-346-5592. This organization provides free legal assistance to qualifying individuals based on income. They handle divorce and other family law matters for clients throughout South Carolina, including Berkeley County.
The South Carolina Bar Lawyer Referral Service at 1-800-868-2284 connects callers with licensed family law attorneys practicing in and around Berkeley County. Many offer a reduced-fee initial consultation. Speaking with an attorney early in your case helps you understand your options and make informed decisions about your Berkeley County divorce.
Self-represented litigants can find court forms and procedural guidance at sccourts.org. Review the relevant forms before visiting the Berkeley County Family Court in Moncks Corner. Staff can answer procedural questions but cannot give legal advice or assist with completing forms.
Related Records in Berkeley County
The Berkeley County Register of Deeds handles real estate records that often reflect changes following a divorce. When a court orders a property transfer as part of a divorce settlement, the new deed is recorded here. The Probate Court maintains marriage licenses and estate records that may be relevant during Berkeley County divorce proceedings.
Child support enforcement in Berkeley County is managed through the SC Department of Social Services. Post-divorce modifications to support or custody orders are filed with the Berkeley County Family Court. Protection from abuse petitions related to prior divorce cases are also handled there. Checking these related records provides a fuller picture of family legal matters in Berkeley County.
Cities in Berkeley County
Berkeley County includes several communities. All divorce cases for Berkeley County residents are filed at the Clerk of Court in Moncks Corner, the county seat.
Nearby Counties
Divorce cases in South Carolina must be filed in the county where either spouse resides. If you do not live in Berkeley County, check the surrounding counties to identify the correct court for your case.