How to Get South Carolina Divorce Records

If you need a copy of a divorce record in South Carolina, you're probably wondering where to start. Maybe you need proof of divorce for a new marriage license, to update your name on legal documents, or to handle financial matters. Whatever your reason, getting South Carolina divorce records doesn't have to be complicated once you understand the process.

Different Types of Divorce Records

Before you start your search, it helps to know that South Carolina has three main types of divorce documents, and each serves a different purpose.

Divorce Reports (Certificates)

A divorce report, sometimes called a divorce certificate, is the most straightforward document. It shows basic information like the names of both people who divorced, when and where they got married, and when and where the divorce was finalized. Think of it as the official verification that a divorce happened.

This is typically what you need when you're asked for "proof of divorce." It's useful for things like applying for a marriage license, changing your name on your driver's license, or updating Social Security records. You can get a certified copy that carries legal weight for official purposes.

Divorce Decrees

A divorce decree is much more detailed than a certificate. This is the actual court order that ended the marriage. It includes everything the judge decided about your divorce: who gets what property, whether anyone pays alimony, child custody arrangements, child support amounts, and all other terms of your separation.

You'll need your divorce decree when you're dealing with matters that require knowing the specific terms of your divorce. For example, if you're enforcing child support payments, dividing retirement accounts, or showing custody arrangements to a school, you'll want the full decree rather than just a certificate.

Divorce Case Files

The complete case file contains everything from your divorce proceedings. This includes the original petition that started the divorce, all the paperwork filed during the case, transcripts of hearings if they exist, evidence presented, and the final decree. These files are public records in South Carolina, which means anyone can typically access them unless a judge sealed specific parts for privacy reasons.

Most people don't need the entire case file unless they're appealing a decision, researching legal precedent, or need detailed documentation for specific legal matters.

Where to Get Your Divorce Records

Finding your South Carolina divorce records depends on when your divorce happened and what type of record you need.

South Carolina Vital Records Office

The Office of Vital Records at the South Carolina Department of Health and Environmental Control keeps divorce reports for divorces that occurred between July 1962 and December 2016. If your divorce falls within this timeframe and you just need a basic certificate, this is a good option.

However, there's an important limitation: Vital Records only has certificates, not full decrees or case files. If you need the detailed terms of your divorce or court documents, you'll need to contact the family court instead.

County Family Court Clerk

For divorces that happened after December 2016, or if you need a divorce decree or case file from any time period, you'll go through the family court clerk in the county where the divorce was finalized. This is typically where you'll find the most complete records.

Each of South Carolina's 46 counties has its own family court clerk's office. The clerk maintains all the official records for divorces processed in that county. Some counties offer online record searches, while others require you to visit in person or submit a written request.

Who Can Get South Carolina Divorce Records

South Carolina limits who can obtain certain types of divorce records, particularly certified copies that can be used for legal purposes.

You can get a certified copy of a divorce report if you're one of the people who got divorced, an adult child of the divorced couple, or a current or former spouse of either person who divorced. Legal representatives for any of these people can also request records.

If you don't fall into one of these categories, you can still get a statement verifying that a divorce occurred, including the date and county. You just won't receive a certified copy with all the details.

For divorce decrees and case files, the rules are somewhat different. Since these are generally public records, anyone can typically access them. However, some information may be redacted to protect privacy, particularly details about finances, social security numbers, or sensitive matters involving children.

Courts can seal divorce records in certain situations, such as cases involving abuse, high-profile individuals, or other circumstances where public access might cause harm. If records are sealed, only the parties involved and their legal representatives can access them.

How to Request Divorce Records from Vital Records

If your divorce occurred between July 1962 and December 2016, and you need a certificate rather than a decree, here's how to get it from South Carolina Vital Records.

Information You'll Need

Before you start your request, gather the following information. The more details you provide, the faster they can locate your record:

Full name of the husband at the time of divorce, including any suffixes or middle names. Full name of the wife at the time of divorce. The date the divorce was finalized, or at least the approximate year if you're not certain of the exact date. The county where the divorce hearing took place.

You'll also need to explain your relationship to the divorced parties and provide your current contact information, including a phone number where they can reach you if there are questions.

Making Your Request

You can request divorce records from Vital Records by mail or in person. Some people find it easier to use third-party services like VitalChek, which partners with South Carolina to process requests online for a fee.

When you submit your request, you'll need to provide identification proving who you are and demonstrating your eligibility to receive the record. A driver's license or state ID usually works. You'll also need to pay the required fee, which varies depending on how many copies you need and how quickly you want them.

If you haven't heard back within 30 days of submitting your request, you can contact Vital Records to check on the status. Have the names, date of divorce, and your mailing address ready when you call.

Getting Records from the Family Court

For more recent divorces or when you need a decree or case file, you'll contact the family court clerk in the county where the divorce was granted.

Finding the Right County

If you're not sure which county handled the divorce, think about where you or your former spouse lived when the divorce was filed. South Carolina requires divorces to be filed in the county where the defendant lived, where the plaintiff lived if the defendant was out of state, or where the couple last lived together.

Once you identify the county, you can look up contact information for the family court clerk's office. Many counties now have websites with information about requesting records and some even offer online searches.

Making Your Request

Each county has its own procedures, but most require you to submit a written request either in person or by mail. You cannot typically request divorce records by phone for security reasons.

Your request should include the full names of both parties, the approximate date of the divorce, and the case number if you have it. You'll need to show identification and explain why you need the record, particularly if you're requesting a certified copy.

There's usually a fee for copies of divorce decrees and other court documents. In many counties, the fee is around $10 for a certified copy. If you need multiple pages or additional certified copies, the cost increases accordingly. Payment methods vary by county, with some accepting credit cards while others require money orders or cashier's checks.

Online Records Searches

Some South Carolina counties offer online case record searches through their websites or through the statewide court system portal. These searches let you find basic case information and sometimes view documents electronically.

However, online systems typically don't let you get certified copies directly. You'll still need to contact the clerk's office and pay the appropriate fees for official documents you can use for legal purposes.

Special Situations and Considerations

When You Need to Change Information

If you discover an error on your divorce record, you can't fix it through Vital Records. You'll need to contact the family court clerk in the county where the divorce was granted to request an amendment to the record.

Changing information on a divorce record usually requires filing a motion with the court and potentially having a hearing before a judge. This process is more involved than simply requesting a corrected copy, so you may want to consult with an attorney.

If You Can't Find the Records

Sometimes people have trouble locating divorce records, especially for older divorces or when they're not sure which county handled the case. If you've tried Vital Records and several county clerks without success, consider these steps:

Check with the county where either spouse lived at the time. Even if you think you remember where the divorce happened, you might be mistaken. Try checking neighboring counties or the county where you got married, as divorces sometimes happen in the same location.

Hire a professional record search service. Several companies specialize in locating vital records and court documents. While they charge fees for their services, they often have access to databases and resources that make searches faster.

Consult with an attorney who handles family law matters. They often have experience tracking down divorce records and may have access to legal databases that can help locate your case.

Privacy Concerns

While most divorce records are public in South Carolina, you might have concerns about your information being easily accessible. If your divorce involved sensitive issues like domestic violence, you can ask the court to seal certain records or redact specific information.

Keep in mind that sealing records requires a court order and typically happens during the divorce process or shortly after. If you didn't seal records at the time, you can file a motion later, but you'll need to show good cause for why the records should be sealed now.

Common Situations and Which Records You Need

Using Your Divorce Records

Once you receive your South Carolina divorce records, make sure to keep them in a safe place. Many people need these documents multiple times over the years for various purposes.

A certified copy carries an official seal and signature from the issuing agency, which makes it valid for legal transactions. Photocopies of certified copies usually aren't acceptable for official purposes, so order multiple certified copies if you think you'll need them for different agencies or institutions.

Common uses for divorce records include remarrying, changing your name on official documents, updating beneficiary information on insurance policies or retirement accounts, proving eligibility for certain benefits, and handling matters related to child support or custody.

Getting Help

If you're having trouble navigating the process of obtaining South Carolina divorce records, you're not alone. Many people find the system confusing, especially when dealing with older records or complex situations.

County family court clerks can answer basic questions about their procedures and fees, though they can't provide legal advice. If you need help understanding what type of record you need or how to use it, consider consulting with a family law attorney. Many lawyers offer brief consultations where they can point you in the right direction.

For those who qualify based on income, South Carolina Legal Services provides free legal assistance. You can reach them through their telephone intake service to see if you're eligible for help with divorce-related matters.

What to Do If You Can't Find the Records

Sometimes, locating divorce records becomes challenging, especially for older divorces or cases where you're unsure of the exact county. Here are some strategies:

Contact Multiple Counties

If you're not certain which county handled the divorce, contact the clerks in the counties where either spouse lived. They can often search their systems quickly to confirm whether they have the case.

Try the State Court System

The South Carolina Judicial Department maintains an online case search tool that covers many counties. While you can't order records directly through this system, it can help you identify which county has your case.

Hire a Record Retrieval Service

Professional services specialize in locating and obtaining court records. They charge fees for their services, but can save you considerable time and frustration, especially for complex searches.

Consult an Attorney

If you're having trouble locating records for legal purposes, an attorney licensed in South Carolina can often access court systems and databases not available to the public.

Moving Forward

Getting your South Carolina divorce records is usually straightforward once you know where to look and what information to provide. Whether you need a simple certificate from Vital Records or a detailed decree from family court, understanding the process helps you get the documents you need efficiently.

Remember to keep your divorce records somewhere safe once you receive them. These documents often become important years after your divorce for reasons you might not anticipate today. Having certified copies readily available saves time and hassle when you need them.