South Carolina Divorce Records: Official Certificates, Decrees, and Search Options

Divorce records are official documents created during the termination of marriages, such as divorce certificates, decrees, and court documents. These records are issued and maintained by the Family Court and the Vital Records division of the South Carolina Department of Health and Environmental Control.

In South Carolina, divorce records are generally available to the public through the relevant agencies. This means that there are no restrictions on obtaining basic information about divorces in the state, and such information will be available on public search platforms. Such records are sometimes essential for historical or legal reference, as well as for administrative functions such as enforcing settlement claims and proving the end of a marriage for name changes or remarriage.

Divorce Rate in South Carolina: According to the Centers for Disease Control and Prevention statistics, the divorce rate in South Carolina in 2021 stood at 2.2 divorces per 1,000 individuals, which was lower than the national average of 2.5 divorces per individuals at the time. Access to divorce records varies depending on the jurisdiction and the policy in place.

Official Types of Divorce Documentation in South Carolina

South Carolina divorce documentation falls into three broad categories: Divorce Certificate, Divorce Decrees, and Divorce Case files.

The Divorce Certificate, also known as the Report of Divorce, is a document maintained and issued by the Vital Records Division of the South Carolina Department of Health and Environmental Control. This record serves as official proof of the end of the marriage, and it contains basic details about the case. The limited information found in the Report of Divorce includes the names of the parties, the county, and the date of the divorce. It may be used for legal and administrative purposes, such as remarriage, applying for benefits, or changing one's name. This agency maintains Reports of Divorce from July 1962 to date.

In comparison, divorce decrees are maintained by the Clerk of the Circuit Court where the divorce was granted. It is a formal order that marks the end of the marriage. In South Carolina, Divorce Decrees are officially called the Final Order of Divorce. This record also contains a pronouncement of the terms agreed to by the parties for matters relating to child custody, alimony, child support, and property division. It is a detailed document, which makes it accessible to specific individuals, such as the parties or their legal representatives, in most cases. Certified copies of divorce decrees in South Carolina may only be obtained from the Family Court.

Similarly, the divorce case files are issued and maintained by the court where the divorce was finalized. These documents contain all filings and court orders that initiated and facilitated the divorce. They are files like hearing transcripts, the divorce petition, evidence, financial affidavits, and the final ruling. It is a complete record of the case which may be used for enforcement actions, legal reference, or appeals. While court records are generally accessible, divorce case files may be subject to restrictions in cases where a minor's information or details of domestic violence will be exposed.

Document Type	Issued By	Purpose	Contains
Divorce Certificate or Report of Divorce	South Carolina Department of Health and Environmental Control, Vital Records Division	Official proof of divorce, used for updating IDs and insurance information, as well as for remarriage or name changes	Names of the parties, the date, and the county where the divorce was granted
Divorce Decree or Final Order of Divorce	Clerk of the Family Court	Contains the final judgment plus the terms of the divorce for the enforcement of agreements and obligations	Case number, signature of the judge, property division terms, final judgment, and child custody or support terms
Divorce Case Files	Clerk of the Family Court	Provides a complete record of the divorce case and court orders	Petitions, financial affidavits, evidence, motions, final decree, and trial transcripts

Public Access and Confidentiality of South Carolina Divorce Records

South Carolina divorce records are generally public documents as described by the South Carolina Freedom of Information Act. This means that the public may access details about divorce cases through public archives and public terminals, such as those available at courthouses. However, the type of information requested or contained in the record determines if it will be accessible to the public. This is because there are provisions for details that are sensitive or violate privacy rights, which must be restricted.

Basic divorce records, such as the names of the parties and the date of the divorce, are accessible to the public through the relevant agencies. Other publicly accessible divorce details include the county where the divorce was finalized, case number, court location, and basic docket entries showing judgment status and filings. There are provisions for restricted or sealed information due to privacy rights or the sensitivity of the records. These restricted divorce records include financial disclosures, child visitation or custody agreements, victim protection orders in cases of domestic violence, and information about minors. The public will also not have access to sensitive documents, such as mediation or psychological reports, as well as any document sealed by a court order. The public or qualified individuals may access these records through the county Family Court or the Vital Records Division located at:

South Carolina Department of Health and Environmental Control

What Information Do South Carolina Divorce Records Include?

South Carolina divorce records are publicly accessible through the relevant government agencies or third-party websites. Some of the information that may be generally accessible includes:

• Names of the spouses
• The place and date of the marriage
• The county where the case was filed and finalized
• The Family Court details
• The divorce date
• Case or docket number
• The presiding judge's signature and name
• The type of divorce
• The grounds for the divorce
• Whether mediation or reconciliation was attempted
• The legal status of the marriage before it was dissolved
• The date of the divorce decree
• Property and debt division agreement
• Financial disclosures, such as tax reports and assets
• Child support and visitation terms
• Spousal support terms

Procedures for Locating Divorce Records in South Carolina

The public may access and obtain South Carolina divorce records mainly through two agencies, the Family Court and the Department of Health and Environmental Control. The Department of Health has a Vital Records Division, which provides access to divorce records dating back to July 1962. These agencies accept records requests from the public through the mail and in person. They also maintain online platforms such as the court's Judicial Department Public Index and the Department of Health's Vital Records websites.

Record Source	Platform	Years Covered	Access Type	Fees
Vital Records Division	South Carolina Department of Health	July 1962 to date	Divorce Certificates or Report of Divorce	$12 plus $3 for each additional copy or $17 for expedited search
South Carolina Judiciary	South Carolina Court website or Family Court Clerk's Office	Varies based on the county	Divorce Decrees or Final Order of Divorce and Case Files	Varies by county
State Archives	South Carolina Department of Archives and History	Historical records	Public research access	Free or minimal administrative fee

How to Request Certified Copies of Divorce Records in South Carolina

Certified divorce records refer to official copies of court-issued divorce documents that carry a certification stamp or seal and signature. These copies are unique because, unlike informational copies, they may be used for official and administrative purposes such as enforcement of an order or obligation, name changes, and remarriage eligibility. Certified copies of divorce records in South Carolina may be obtained through the Family Court or Vital Records Division using these steps:

Step 1: Determine the divorce record you need

This will help determine where the record will be obtained from because they are not all maintained by a single agency. The Report of Divorce is maintained and issued by the Vital Records Division, while divorce court documents and the Final Order of Divorce are maintained and issued by the Circuit Court where it was finalized.

Step 2: Complete your records request

The record request must be completed in the agency's required format. The Court Forms website provides access to various forms that may be used to request court records in South Carolina. The Vital Records Division also provides a form for requesters to fill out. Ensure all relevant details are included in the records request, such as a valid ID to confirm if you may access the requested divorce document.

Step 3: Submit the request with the required fee

Requests may be submitted in person at the agency's location or sent via mail. Mail-in requests may be sent with the required copy fees and a self-addressed stamped envelope, which ensures the agency may reply with certified copies of the requested document. It may also include a copy of your ID for confirmation of authorized access. While the cost of court records varies by county, divorce certificates generally cost $12 or $17 for an expedited search.

Step 4: Wait for a response

Record requests submitted in person are usually processed and resolved the same day if they are simple requests. Complex requests may require up to five business days to be resolved. Mail-in requests generally take longer due to the time required for sending the request and receiving a response. Vital records requests in South Carolina may be resolved within 48 hours, while mail-in requests may take a few business days.

Copy Type	Where to Request	Who may Order	Legal Use
Certified Certificate	South Carolina Department of Health and Environmental Control, Vital Records Division	The parties to the divorce, their attorneys, or authorized persons	Proof of a dissolved marriage for official or administrative uses, such as name changes and remarriage
Certified Decree	Family Court Clerk's Office, where the case was finalized	The divorced parties, their legal representatives, and anyone with a court order	For the enforcement of post-divorce agreements and obligations such as property division, benefit claims, alimony, child support, or custody
Informational Copy	South Carolina State Archives or Vital Records	The general public	Valid only for personal and historical reference, not for official use

Why Search for Divorce Records in South Carolina?

South Carolina divorce records provide information about legally terminated marriages in the state. These records are maintained by the courts and the Department of Health and Environmental Control for historical and legal reference. The Vital Records Office maintains divorce records dating back to July 1962, which may be used for personal and administrative purposes such as:

• Proof of the end of the marital union
• For remarriage eligibility
• To confirm an individual's marital status or history
• For a change of name after the divorce
• To correct or update IDs or insurance information
• To enforce post-divorce agreements, such as alimony or property division
• To enforce obligations such as child support
• For legal reference in an appeal or a similar court case
• For tax adjustments
• For background checks in specific contexts
• To update the property deed or mortgage
• For family ancestry and history research
• For a health or life insurance policy update

How Long Are Divorce Records Kept in South Carolina?

South Carolina divorce records are permanent records because there is no policy proposing their destruction or removal. This means they will remain accessible irrespective of how long they have been in existence. The Vital Records Division maintains divorce certificates dating back to July 1962, which shows a commitment to storing these records perpetually. According to South Carolina's Records Management and Preservation Act, Code §30-1-10 et seq., no state agency or court may destroy divorce records without the Department of Archives and History authorizing it. Recent records will remain accessible through the relevant agencies, but as time passes, they will be transferred to the South Carolina Department of Archives and History for preservation. Divorce records in the court are typically transferred to the state archives when they become inactive or after a specified period, ranging from 25 to 50 years.