When you need to prove that your divorce is final, a South Carolina divorce certificate provides the official documentation you'll need. Whether you're applying for a new marriage license, updating your name on legal documents, or handling financial accounts, understanding the difference between divorce certificates and divorce decrees, knowing where to obtain them, and following the proper request procedures can save you time and frustration.
What Is a South Carolina Divorce Certificate?
A South Carolina divorce certificate, also called a divorce report, is an official document that provides basic information confirming that a divorce occurred. This vital record contains essential details, including the full names of both parties, the date of the divorce, the county where the divorce was granted, and the date and location of the original marriage.
How Divorce Certificates Differ from Divorce Decrees
Many people confuse divorce certificates with divorce decrees, but these are distinctly different documents serving different purposes.
A divorce decree is the actual court order signed by the judge that legally grants the divorce and outlines all the specific terms both parties must follow. The decree includes detailed information about property division, alimony payments, child support amounts, custody arrangements, visitation schedules, and any other agreements or court decisions related to the divorce. You need the divorce decree when you're enforcing specific terms of your divorce or seeking to modify support or custody arrangements.
A divorce certificate contains only basic statistical information about the divorce. It doesn't include any details about property division, support obligations, or custody arrangements. You use a divorce certificate when you simply need to prove that a divorce occurred and is finalized, such as when applying for a marriage license, changing your name on identification documents, or updating account information.
When You Need a Certified Copy
A certified copy of a divorce certificate is an official copy issued by the custodian of vital records with a raised seal or stamp verifying its authenticity. Many institutions require certified copies rather than regular photocopies for legal purposes.
You'll typically need a certified copy of your South Carolina divorce certificate when applying for a new marriage license, changing your name on your driver's license or passport, updating Social Security records, modifying bank accounts or property titles, applying for certain government benefits, or providing proof of divorce for legal proceedings.
Who Can Obtain a South Carolina Divorce Certificate?
South Carolina restricts who can receive certified copies of divorce certificates to protect privacy. You're entitled to obtain a certified copy of a divorce certificate if you are one of the divorced parties (either the husband or wife), an adult child of the divorced parties, a present or former spouse of either divorced party, or a legal representative of any of the above parties.
If you don't fall into one of these categories, you may still be able to obtain a statement confirming that the divorce occurred, including the date and county where it took place, but you won't receive a full certified copy of the certificate.
Where to Get Your South Carolina Divorce Certificate
The agency you contact to obtain your divorce certificate depends on when your divorce was finalized. South Carolina has two primary sources for divorce certificates.
South Carolina Department of Health and Environmental Control
The Office of Vital Records within the South Carolina Department of Health and Environmental Control (DHEC) maintains divorce certificates for divorces that occurred between July 1962 and December 2016. If your divorce falls within this timeframe, you'll request your certificate from DHEC Vital Records.
The office is located at 2600 Bull Street, Columbia, SC 29201. You can request certificates by mail, in person, or through authorized third-party vendors like VitalChek.
County Clerk of Court
For divorces finalized after December 2016 or before July 1962, you must obtain your divorce certificate from the Clerk of Court's office in the county where your divorce was granted. Each of South Carolina's 46 counties has its own family court clerk who maintains these records.
You'll need to contact the specific county where your divorce took place. Most county clerk offices accept requests by mail, in person, or sometimes by phone. Check the specific county's website for their procedures and requirements.
Important Note About Divorce Decrees
Regardless of when your divorce occurred, if you need a copy of your actual divorce decree (the detailed court order), you must always obtain it from the Clerk of Court in the county where the divorce was filed. The Office of Vital Records does not maintain divorce decrees, only the basic statistical divorce certificates.
How to Request Your Divorce Certificate
The process for requesting a South Carolina divorce certificate varies slightly depending on which agency maintains your records, but generally follows similar steps.
Required Information for Your Request
Before submitting your request, gather the following information:
Full legal name of the husband at the time of divorce, full legal name of the wife at the time of divorce, the date of the divorce (as specific as possible), the county where the divorce hearing was held and the decree was granted, your relationship to the divorced parties, your current mailing address, and a daytime phone number where you can be reached.
Having complete and accurate information speeds up the search process and reduces the chance of delays or errors in locating the correct record.
Requesting from DHEC Vital Records
To request a divorce certificate from the South Carolina Department of Health and Environmental Control for divorces between July 1962 and December 2016, you can submit your request by mail, in person, or online through authorized vendors.
By Mail
Complete the appropriate request form available on the DHEC website. Include a photocopy of your valid photo identification (driver's license, passport, or state ID). Send a money order or cashier's check for $12 made payable to SCDHEC - Vital Records. This search fee is non-refundable and includes one certified copy if the record is located. Additional copies ordered at the same time cost $3 each.
Mail your request to: SCDHEC Vital Records, 2600 Bull Street, Columbia, SC 29201.
In Person
Visit the Vital Records office at the address above during business hours. Bring your valid photo identification and payment. In-person requests are typically processed faster than mail requests.
Online Through VitalChek
VitalChek is an authorized third-party vendor partnering with South Carolina to provide online ordering of vital records. Visit vitalchek.com and follow the prompts to order your divorce certificate. Note that VitalChek charges additional processing and shipping fees beyond the state's base fee, but this option offers convenience and typically faster delivery.
Requesting from the County Clerk of Court
For divorces finalized outside the 1962-2016 timeframe maintained by DHEC, contact the Clerk of Court in the county where the divorce was granted.
Each county has slightly different procedures, so check the specific county's website or call their office for detailed instructions. Generally, you'll need to provide the same information listed above, present valid photo identification, and pay the county's fee for certified copies.
Most counties charge approximately $10 to $15 for certified copies of divorce certificates. Payment methods vary by county, with some accepting credit cards while others require cash, money orders, or cashier's checks only.
Processing Times and Tracking Your Request
Processing times for divorce certificate requests vary depending on the method you choose and the agency handling your request.
Expected Timeframes
Mail requests typically take two to four weeks for processing and delivery. This includes time for the agency to receive your request, search for the record, process payment, and mail the certified copy to you.
In-person requests at either DHEC Vital Records or county clerk offices are usually processed while you wait or within a few business days, depending on the agency's current workload.
Online requests through VitalChek typically take one to two weeks, with expedited shipping options available for an additional fee. The actual processing time depends on how quickly the government agency processes the request once VitalChek forwards it.
Tracking Your Request
If you submit a request by mail and don't receive any response within 30 days, contact the appropriate agency for an update. When calling, provide the full names of both parties, the date of divorce, and the address where you requested the certificate be mailed. This information helps the agency locate your pending request.
Keep copies of everything you submit, including your completed application, proof of payment, and any tracking numbers if you use certified mail or shipping services. This documentation helps resolve any issues if your request gets delayed or lost.
Fees for South Carolina Divorce Certificates
The cost of obtaining a South Carolina divorce certificate is relatively modest, though fees vary slightly between agencies.
DHEC Vital Records Fees
The South Carolina Department of Health and Environmental Control charges a $12 search fee for divorce certificates. This non-refundable fee includes one certified copy if the record is located. Additional copies of the same record ordered at the same time cost $3 each.
Payment must be by money order or cashier's check made payable to SCDHEC - Vital Records. Personal checks are not accepted for mail or in-person requests.
County Clerk Fees
Individual county clerk offices set their own fees for certified copies of divorce certificates, typically ranging from $10 to $15 per certified copy. Contact the specific county where your divorce was finalized to verify current fees and accepted payment methods.
VitalChek Service Fees
If you order through VitalChek's online service, you'll pay the base state fee plus additional processing fees and shipping charges. While this option costs more, many people find the convenience and faster processing worth the extra expense. VitalChek's website shows the complete cost breakdown before you complete your order.
What to Do If Records Can't Be Found
Occasionally, a record search fails to locate a divorce certificate. This doesn't necessarily mean your divorce didn't occur, but it may require additional steps to obtain documentation.
Possible Reasons Records Aren't Found
Several factors can make locating records difficult. The information you provided might be inaccurate, particularly regarding dates or the spelling of names. The divorce may have occurred in a different county than you thought. For older divorces, records may have been lost, damaged, or not properly transferred to current record-keeping systems. Your divorce might have been finalized just outside the timeframe maintained by the agency you contacted.
Next Steps When Records Aren't Located
If DHEC cannot locate your divorce certificate, try contacting the Clerk of Court in the county where you believe the divorce was granted. County clerks maintain more comprehensive records than the state vital records office.
If you're unsure which county handled your divorce, contact clerk's offices in the counties where either spouse lived at the time of divorce. Many counties can search their systems quickly over the phone to confirm whether they have the record.
For very old divorces, consider hiring a professional record retrieval service that specializes in locating historical court records. These services have experience navigating old record systems and may succeed where individual requests fail.
Correcting Errors on Divorce Certificates
If you notice an error on your South Carolina divorce certificate, you cannot correct it through the Office of Vital Records. Instead, you must contact the Clerk of Court in the county where the divorce was granted.
The clerk's office can explain the process for correcting errors in divorce records, which typically requires filing a motion with the court and potentially appearing before a judge. The complexity of corrections depends on the type of error and whether it was a clerical mistake or a substantive issue.
Keep in mind that correcting errors on divorce certificates can take considerable time and may require legal assistance, particularly for significant corrections.
Topic | Key Information |
What It Is | Official vital record proving divorce occurred with basic information |
What It Includes | Names, dates, county of divorce, marriage information |
Difference from Decree | Certificate proves divorce; decree contains detailed terms |
Where to Get (1962-2016) | DHEC Vital Records, 2600 Bull Street, Columbia, SC 29201 |
Where to Get (Other Years) | County Clerk of Court where divorce was granted |
Who Can Request | Divorced parties, adult children, former spouses, legal representatives |
Cost from DHEC | $12 search fee (includes one copy); $3 for additional copies |
Required ID | Valid photo identification (driver's license, passport, state ID) |
Processing Time | 2-4 weeks by mail; faster in-person or through VitalChek |
Payment Methods | Money order or cashier's check (DHEC); varies by county |
Moving Forward with Your Request
Obtaining a South Carolina divorce certificate is a straightforward process when you know which agency to contact, have the required information ready, and follow proper procedures. Whether you need your certificate for remarriage, name changes, or other legal purposes, taking time to gather accurate information and submit a complete request ensures the fastest processing.
Remember that divorce certificates serve a different purpose than divorce decrees. Make sure you're requesting the right document for your specific needs. If you need detailed information about the terms of your divorce, you'll need the decree from the county clerk. If you simply need proof that your divorce is final, the certificate from either DHEC or the county clerk will suffice.
By following the guidance in this article, you'll be well-prepared to obtain your South Carolina divorce certificate efficiently and use it to move forward with the next chapter of your life.