Are Divorce Records Public in South Carolina?
South Carolina divorce records are generally considered public records. However, divorced parties can choose to seal all or portions of their records. To do this, they must petition the court with compelling reasons that outweigh the court’s duty to keep the records in the public domain. If the sitting judge finds the cited reasons satisfactory, they will issue a court order directing the clerk to seal the record in consideration. Before proceeding with this petition, requesters should talk with their lawyers to weigh their chances of success.
Sealed divorce records are typically available to divorcees and their legal representatives. During ongoing investigations, these records can also be accessed by members of law enforcement agencies. Also, persons with valid court orders may gain access to sealed divorce records.
South Carolina Divorce Records
A divorce record consists of all case files generated during a divorce trial. These files include the divorce decree as well as summons, motions, transcripts, affidavits, orders, notices, dissolution of marriage records, original divorce papers, divorce documents, and oral arguments. Divorce records are managed by the Office of South Carolina Clerks of Court in the judicial circuits where the cases were handled.
How to Obtain South Carolina Divorce Records
In South Carolina, divorce records are a compilation of divorce decrees and divorce case files. These documents are recorded and maintained by South Carolina Family Courts. The Clerks of Courts are in charge of releasing and disseminating these records to interested parties. Where applicable, appealed divorce case files can also be obtained from the Office of the Supreme Court Clerk.
Most South Carolina Family Courts accept in-person and mail-in requests for divorce court records. When visiting or sending a mail request to the office of interest, provide the information needed to locate and retrieve the required record. These include the names of the divorced parties, case file number, case type, and the approximate year the divorce was finalized. In South Carolina, no identification documents are required to obtain publicly available divorce records. On the other hand, requesters must provide their government-issued photo identifications if they request sealed or certified copies of divorce court records.
The fees for accessing and retrieving copies of divorce court records vary from one courthouse to another. Contact the clerk beforehand to enquire about the fee schedule and available payment methods. The various court clerks’ physical addresses, mailing addresses, faxes, email addresses, and phone numbers can be found on the Family Court Directory page on the South Carolina Judicial Branch's website.
In South Carolina, divorce records are considered court records. They may, therefore, be searched on third-party, public record websites. Divorce records can offer personal information on minors, finances, and sensitive criminal information like domestic abuse.
South Carolina Divorce Certificates vs Decrees
In South Carolina, divorce records serve different purposes and are available in three forms: divorce certificates, divorce decrees, and divorce case records. While divorce certificates are vital records, the others are court records. Understanding their differences is valuable when deciding where and how to obtain these records.
Understanding South Carolina Divorce Certificates
A divorce certificate is a vital record that signifies the end of a marriage after a divorce trial. This document is recognized as authentic proof of marriage dissolution. South Carolina divorce certificates contain details such as the names of the divorced persons, the divorce dates, the divorce agreement, the divorce paper, and the courts where the divorces were finalized. Divorced persons need these certificates when applying for post-marriage name changes and requesting new marriage licenses. Divorce certificates are the most frequently requested type of divorce record in South Carolina.
Understanding South Carolina Divorce Decrees
A divorce decree is a court record that contains the final judgment in a divorce case as well as the divorce petition, the divorce papers, and post-marriage arrangements between two divorced parties. It provides all the details about how marital assets will be divided, how debts will be paid, and how the parties will share time with their children.
South Carolina divorce decrees also describe what, if any, child supports are granted and how alimony terms will be met. These documents are signed and approved by the presiding Family Court judges. Those eligible to access and retrieve copies of divorce decrees include the divorced parties named on these records, their attorneys, and persons with relevant court orders. An individual can access a divorce decree online because it is a public record.
How to Find Public Divorce Records Online
Government public portals to search divorce records in South Carolina. Third-party public record websites may also provide court records search tools, which can help find divorce records, though record availability usually varies widely. Divorce records, in particular, may not be available through either source.
How to Obtain a South Carolina Divorce Certificate
In South Carolina, divorce certificates can be retrieved from two offices. The State Department of Health and Environmental Control keeps certified copies of divorce reports generated between July 1962 and December 2016. Records of divorces filed before and after these dates are available from the Office of the Clerk of Court where the cases were handled.
To obtain vital records from the State Vital Records office, submit a request in person or by mail.
When submitting a request in person, provide the following information and documents:
- Full names of the divorced parties
- Date of divorce
- County where the divorce case was heard
- Proof of identification (for certified copies only)
- Complete the Divorce/Annulment Section of the Vital Records Application Form.
Bring the completed form and documents to the office during business hours. Provide a government-issued or employer/school-issued photo identification card as proof of identity. The State Vital Records office charges a non-refundable $12 search fee, which includes one copy of the certificate if found. Each additional copy of the same divorce certificate costs $3. Pay for search/copy fees with cash, cashier check, or money order. Bring all documents and fees to the office located at:
DHEC State Vital Records Office
2600 Bull Street
Columbia, SC 29201
To request a South Carolina divorce report by mail, start by downloading and printing the Vital Records Application Form. Complete the divorce/annulment section of this form and send it along with applicable fees, documents, and a self-addressed return envelope to:
DHEC Vital Records
2600 Bull Street
Columbia, SC 29201
Enclose a cashier's check or money order covering copy fees with the request. Make it payable to “SC DHEC”. The applicable fees are the same for both in-person and mail-in request options.
It is also possible to request certified copies of South Carolina divorce certificates from the Family Courts where the cases were heard. Most Offices of Clerks of Court accept in-person and mail-in requests for these records. Visit or send a mail containing all the relevant details, documents, and appropriate payments to the court clerk of interest. Contact the clerk’s office to inquire about the fees and payment methods accepted by the court.
Does South Carolina Recognize Common-Law Marriage?
The state of South Carolina recognizes common-law marriages created before July 25, 2019. Couples who entered into a union before this date may have legal marital rights as long as they meet the other state requirements, which include:
- The couple can marry
- The couple must have cohabited for a long time
- The couple must have presented themselves to society as married
How to Find Out if Someone is Divorced in South Carolina
Publicly available divorce records are also managed and disseminated by some third-party aggregate sites. These sites are generally not limited by geographical record availability and may serve as a reliable jump-off point when researching specific or multiple records. However, third-party sites are not government-sponsored. As such, record availability may differ from official channels. The requesting party will be required to provide the following information to find a record using the search engines on third-party sites:
- The location of the record in question, including the city, county, or state where the case was filed.
- The name of someone involved, provided it is not a juvenile.
