Cherokee County Divorce Decree Records
Cherokee County divorce decree records are held by the Clerk of Court at the Family Court in Gaffney, South Carolina. The Clerk maintains every case file from the initial complaint through the final signed order. Whether you need to confirm a case status, obtain a certified copy of a divorce decree, or review a prior court order, the Cherokee County Clerk of Court is the primary source for these records. Searches can begin online or in person at the Gaffney courthouse.
Cherokee County Quick Facts
Cherokee County Family Court
The Cherokee County Family Court in Gaffney handles all divorce proceedings for residents of the county. The Clerk of Court is the official custodian of every divorce case file. Staff can locate records by party name or case number and prepare certified copies upon request. The courthouse sits at 110 Railroad Avenue in downtown Gaffney, which is also the county seat of Cherokee County.
Family Court in Cherokee County has jurisdiction over divorce, legal separation, child custody, visitation, alimony, and division of marital assets. Under South Carolina law, divorce cases must be filed in the county where either spouse lives. Cherokee County residents file their cases here. The courthouse is open weekdays during standard business hours, and staff can guide you to the forms and procedures you need.
The statewide SC Family Court Case Management System gives you online access to basic Cherokee County divorce case information. You can search by party name, case number, or filing date. Results include the case type, filing date, and current status. This free tool does not show full document text. For full records, you must contact the Clerk of Court in Gaffney directly.
The image below links to the SC Family Court Case Management System, the online portal for searching Cherokee County divorce case records. Visit the portal to look up case numbers and confirm filing dates before contacting the Clerk.
After locating a case in the portal, contact the Cherokee County Clerk of Court at (864) 487-2570 to request copies of the actual divorce decree or other case documents. Have the case number ready to speed up the process.
| Court | Cherokee County Clerk of Court 110 Railroad Avenue Gaffney, SC 29340 |
|---|---|
| Phone | (864) 487-2570 |
| Hours | Monday through Friday, 8:30 AM to 5:00 PM |
How to Search Cherokee County Divorce Decrees
Searching for a divorce decree in Cherokee County starts with the SC Family Court Case Management System. This free state portal lets you search by party name or case number. You can see the case type, filing date, and current status for Cherokee County divorce cases. The search takes only a few minutes and does not require an account.
If you need the actual divorce decree or other documents from the case file, you must contact the Cherokee County Clerk of Court. Visit in person at 110 Railroad Avenue in Gaffney, or call (864) 487-2570 to ask about mail-in requests. Bring valid photo identification when visiting. Include both spouses' full names and the approximate year of the divorce when requesting records by mail. A case number, if known, will speed the search considerably.
The SC Judicial Branch website at sccourts.org also has court resource links and a case finder tool. If you are unsure which county handled a particular divorce, this is a useful backup. For older records, the SC Department of Archives and History notes that divorce records are kept permanently, so even older Cherokee County cases should be retrievable.
Note: Including the approximate year of the divorce along with both party names helps staff locate Cherokee County divorce records faster during busy periods.
Cherokee County Divorce Decree Documents
A Cherokee County divorce case file contains multiple documents created from the time of filing through the final order. The complaint for divorce is the first document and explains the grounds and the relief requested. The respondent's answer comes next. If both parties reach an agreement, a settlement agreement or consent order is included. All of these are part of the public case file at the Cherokee County Clerk of Court.
The final divorce decree is the most commonly requested document in Cherokee County. It is the judge's signed order that officially ends the marriage. This document names both parties, states the date of the final order, and addresses any rulings on property, alimony, and children. Courts, banks, and government agencies often require a certified copy for name changes, property transfers, or benefit claims. The Clerk of Court provides both plain and certified copies at the prevailing fee schedule.
Other documents in a Cherokee County divorce file may include financial declarations, affidavits of separation, motions for temporary support or custody orders, parenting plans, proof of service documents, and hearing transcripts if transcription was requested. Divorce records in Cherokee County are generally public under S.C. Code Ann. § 30-4-10. Some portions containing sensitive personal information may be redacted before release.
Cherokee County Divorce Decree Fees
Filing a divorce complaint in Cherokee County costs approximately $150. This statewide fee is paid to the Clerk of Court at the time of filing. Call (864) 487-2570 before filing to confirm the current amount, since fees can change.
Certified copies of a divorce decree cost more than plain photocopies. The total fee depends on the number of pages in the document. Service of process fees apply when serving the other spouse with divorce papers. If you use the Cherokee County Sheriff's office for service, a separate fee is charged at the time of service. Ask the Clerk about the current copy and service fees when you visit or call.
If you cannot afford the filing fee, you may apply for a fee waiver by submitting an Affidavit and Application to Proceed In Forma Pauperis with the Cherokee County Family Court. A judge reviews the application and decides whether to waive the fee based on your income and expenses. This process is meant to ensure that financial hardship does not block access to Cherokee County Family Court.
Filing for Divorce in Cherokee County
Divorce filings in Cherokee County begin at the Clerk of Court office at 110 Railroad Avenue in Gaffney. You submit a complaint for divorce that states the grounds for the action and the relief you are asking the court to grant. The roughly $150 filing fee is paid at the time of submission. The Clerk assigns a case number that will identify your Cherokee County divorce decree record throughout the process.
South Carolina sets residency rules under S.C. Code Ann. § 20-3-30. If only one spouse lives in South Carolina, that spouse must have been a resident for at least one year before filing. If both spouses live in South Carolina, three months of residency is enough. Either spouse's residence in Cherokee County qualifies this as the correct court for your case.
Under S.C. Code Ann. § 20-3-10, South Carolina recognizes five grounds for divorce: adultery, desertion for one year, physical cruelty, habitual drunkenness or narcotics use, and one year of continuous separation. The last ground is no-fault and is the most common basis for Cherokee County divorce filings. After filing, the other spouse must be served. A proof of service document is then filed with the Cherokee County Clerk of Court. Under S.C. Code Ann. § 20-3-80, the court cannot hold a final hearing sooner than two months after filing, and no final decree can be entered before three months.
Property division follows equitable distribution rules under S.C. Code Ann. § 20-3-620. The court divides marital property based on a set of statutory factors, aiming for a fair result rather than an automatic equal split.
Divorce Decree vs. Certificate in Cherokee County
Two different documents confirm a divorce in South Carolina. The divorce decree is the court order issued by the Cherokee County Family Court judge. It contains the full terms of the divorce, including property division, alimony, and any child-related orders. The Clerk of Court in Gaffney is the source for a certified copy of the decree.
The divorce certificate is a separate, shorter document issued by the South Carolina Department of Public Health. It confirms that a divorce occurred and includes basic facts like party names, the date, and the county. SC DPH issues certificates for divorces that took place between July 1962 and December 2023. The certificate does not include the terms of the settlement. Many people in Cherokee County request the certificate for straightforward purposes like remarriage, while the full decree is needed when property or support terms must be verified.
To order a divorce certificate from SC DPH, contact Vital Records at 2600 Bull Street, Columbia, SC 29201, call (803) 898-3630, or use VitalChek at 1-877-284-1008. The fee is $12 per copy. More information is at dph.sc.gov/public/vital-records/divorce-reports. For divorces outside that date range or when you need the actual Cherokee County court order, contact the Clerk of Court in Gaffney. The SC Secretary of State can also issue an apostille for certified copies needed abroad; see sos.sc.gov for that process.
Legal Help for Divorce in Cherokee County
Cherokee County residents who need help with divorce have several options. SC Legal Services offers free legal help to those who qualify based on income. Call 1-888-346-5592 or visit their website to check eligibility. They assist clients in Cherokee County with family law matters including divorce, custody, and support issues.
The South Carolina Bar Lawyer Referral Service connects you with a licensed attorney. Call (803) 799-6653 to reach the referral line. Many Cherokee County family law attorneys offer a low-cost first meeting, which helps you understand your rights and options before you commit to representation. Resources at WomensLaw.org also explain South Carolina divorce law in plain language and can help you prepare for a consultation.
If you plan to represent yourself in Cherokee County Family Court, the SC Judicial Branch posts self-represented divorce packets at sccourts.org. These packets include the forms needed for a simple, uncontested divorce. Review them before visiting the courthouse. Court staff cannot give legal advice, but they can confirm you have the right forms for your Cherokee County divorce filing.
Nearby Counties
Divorce cases must be filed in the county where either spouse resides. If you live outside Cherokee County, check the links below to find the correct court for your case.