Aiken County Divorce Records and Filings
Divorce records for Aiken residents are filed and maintained at Aiken County Family Court in Aiken, South Carolina. Aiken is the county seat of Aiken County, located in the western part of the state near the Georgia border. If you need to search for an Aiken divorce case, request a certified copy of a final decree, or understand how court records are organized in this county, this page covers the key sources and steps.
Aiken Quick Facts
Where Aiken Divorce Cases Are Filed
All divorce filings for Aiken residents go through Aiken County Family Court, located at 109 Park Avenue SE, Aiken, SC 29801. The court phone number is (803) 642-1715. Aiken County is in South Carolina's 2nd Judicial Circuit. Because Aiken is the county seat, residents do not need to travel to another city to file. The family court is located directly in town.
South Carolina Family Court has held exclusive divorce jurisdiction since it was established in 1976. No magistrate court, probate court, or city court can handle divorce filings. The Aiken County Family Court is the only venue for divorce proceedings involving Aiken residents, barring a specific venue exception under state law.
The Aiken County Clerk of Court maintains the official record system for all family court cases. You can find clerk information at aikencountysc.gov/clerk-of-court. The clerk's office is where you file new cases, request certified copies, and access the public record archive for Aiken divorce cases.
Aiken County Family Court Resources
Aiken County provides dedicated family court information on its website. The family court page covers hearing schedules, filing instructions, and contact information for the bench and staff. It is a useful starting point for anyone who needs to file a divorce in Aiken County or check on an existing case.
You can access family court information directly at aikencountysc.gov/family-court. This page includes guidance for self-represented litigants, which is relevant for residents handling an uncontested divorce without an attorney.
The Aiken County government website at aikencountysc.gov also provides access to the clerk of court, magistrate court, and other county services. All of these operate independently from the family court, which handles divorce exclusively.
Note: The family court and clerk of court offices are separate. The clerk maintains the case records, while the court handles hearings and issues orders.
City of Aiken Official Website
The City of Aiken manages local government services for city residents, including utilities, public safety, and planning. Its website does not contain divorce records or family court case files, but it can help verify current residency, which may be needed as part of a divorce filing.
The City of Aiken provides municipal resources and government information for Aiken residents.
The city's website is useful for confirming your current Aiken address and accessing local services while navigating a divorce proceeding at Aiken County Family Court.
Searching the Public Index for Aiken Divorce Records
South Carolina maintains a free statewide public index for all court filings, including divorce cases. The index is accessible at sccourts.org. From the public index, select Aiken County and search by party name or case number. You can see case status, filings, and scheduled hearings for cases that are part of the public record.
As of January 1, 2026, home addresses are no longer shown in the public index. This change applies statewide and affects how records appear in search results. Case numbers, names, filing dates, and dispositions remain visible. The index itself remains free and does not require a login.
The index does not include full document text. To obtain complete case documents, you must request them from the Aiken County Clerk of Court. The index is a reference tool for identifying cases and confirming basic filing information.
South Carolina Clerks of Court Directory
South Carolina maintains a directory of clerks of court for every county. This directory is available at sccourts.org/courts/court-officials/clerks-of-court. It includes contact information, mailing addresses, and office hours for each county, including Aiken County.
The Aiken County clerk's office is the official record-keeper for all divorce cases filed in the 2nd Judicial Circuit. Whether you need to confirm an address, request a document, or ask about a specific case, the clerk's office is the correct point of contact.
The directory is useful for residents who have recently moved and need to determine which county clerk has the records from a past divorce. If a prior divorce was filed in a different county, the clerk in that county holds the records, not Aiken.
The South Carolina courts clerks directory also links to the SC Courts website for information on the statewide public index.
Using the statewide clerks directory helps Aiken residents confirm which office holds the records they need, whether locally or from a prior county.
Residency and Venue Rules for Aiken Residents
Filing for divorce in South Carolina requires meeting residency requirements first. Under S.C. Code Ann. § 20-3-30, both spouses living in South Carolina means either may file after three months of state residency. If only one spouse lives in South Carolina, that spouse must have been a resident for at least one year before filing.
Venue is governed by S.C. Code Ann. § 20-3-60. The case must be filed in the county where the defendant lives. If the defendant is outside South Carolina, the filing goes to the plaintiff's county. For most Aiken residents, this means Aiken County Family Court is the correct venue. However, if a spouse has moved to another county within South Carolina, the case may need to go there instead.
South Carolina requires a two-month waiting period before a case can be referred, and a final decree cannot be issued until three months after the original filing date. These waiting periods apply regardless of whether the divorce is contested or uncontested.
Grounds for Divorce and Property Division in Aiken Cases
South Carolina recognizes five grounds for divorce under S.C. Code Ann. § 20-3-10. One year of continuous separation is the no-fault ground and is the most commonly used. The spouses must have lived apart for at least twelve months. This does not require a legal separation order. The separation simply must be continuous and genuine.
The fault grounds are adultery, physical cruelty, habitual drunkenness or drug use, and desertion for at least one year. Proving a fault ground requires evidence, and contested fault grounds can make a divorce proceeding significantly longer and more expensive. Fault can sometimes affect how the court handles financial matters.
Property division in South Carolina follows equitable distribution under S.C. Code Ann. § 20-3-620. The court divides marital property in a way it considers fair, taking into account the length of the marriage, each spouse's financial contributions, non-marital property, and other relevant factors. Fair does not mean equal, and the outcome depends on the specific facts of each case.
Certified Copies and DPH Divorce Reports for Aiken Records
Two separate agencies issue official Aiken divorce records. The Aiken County Clerk of Court issues certified copies of actual court documents, including the final divorce decree bearing the court seal. These are the legally recognized records of the divorce and are needed for name change requests, insurance updates, and similar purposes.
The South Carolina Department of Public Health holds divorce reports covering July 1962 through December 2023. A DPH report confirms a divorce occurred but is not a copy of the court file. Reports cost $12 and can be ordered at dph.sc.gov/public/vital-records/divorce-reports. Orders can also be placed through VitalChek.
For Aiken divorces outside the DPH date range, the clerk's office is the only place to obtain official documentation. Divorce was not legal in South Carolina until April 1949, so no records exist from before that date.
Note: DPH divorce reports and certified court decrees are different documents. Use the clerk for legal proceedings and DPH for vital record confirmation.
Accessing Aiken Divorce Records Under FOIA
Most Aiken divorce records are public records subject to the South Carolina Freedom of Information Act under S.C. Code Ann. § 30-4-10. This law gives the public the right to request and review court documents, including divorce petitions, orders, and final decrees. Requests are submitted in writing to the Aiken County Clerk of Court.
To make a FOIA request, identify the case as specifically as possible using party names and approximate filing dates. The clerk's office will confirm what is available and note any fees for copying or certification. Processing times vary depending on volume.
Some materials within a divorce file may not be accessible. Sealed financial records, records involving minor children, and cases with active protective orders may be partially or fully restricted. The clerk can explain what restrictions apply to any given file.
Legal Help and Court Forms for Aiken Residents
Aiken residents who need legal help with a divorce but cannot afford private counsel may qualify for services through SC Legal Services, which provides free civil legal assistance to qualifying South Carolina residents. For referrals to private family law attorneys in the Aiken area, the South Carolina Bar's referral line is (803) 799-6653.
Official court forms, including the final order form SCCA299 and divorce petition packets, are available free through sccourts.org/court-forms. Self-represented litigants handling an uncontested divorce often use these forms as the foundation for their filing.
Aiken County Divorce Records
Aiken is the county seat of Aiken County, and all Aiken divorce records are maintained within the Aiken County court system. The Aiken County Family Court at 109 Park Avenue SE handles every divorce filed by Aiken residents. The county clerk's office maintains the full case archive for the 2nd Judicial Circuit, covering all of Aiken County.
For certified copies, case searches, and complete record access for Aiken divorce cases, the county-level resources are the right starting point.
Nearby South Carolina Cities
Divorce records in South Carolina are organized by county. If you are searching for records from a nearby city, the links below point to the relevant resources for those communities.