Abbeville County Divorce Records

Abbeville County divorce records are filed and maintained by the Clerk of Court at the Abbeville County Courthouse. These records document the legal end of a marriage and include the final decree, any property settlement agreements, and related court filings. Whether you need a certified copy for legal purposes or want to confirm a case on record, the Abbeville County Family Court is the place to start. The South Carolina Department of Public Health also holds divorce reports dating back to 1962 for a separate type of certified record. This guide covers how to search, request, and obtain divorce records in Abbeville County.

Abbeville County Family Court

The Abbeville County Family Court sits within the 8th Judicial Circuit and has had exclusive authority over divorce cases in the county since the Family Court was established in 1976. Before that year, South Carolina courts did not have a separate Family Court division. The court handles all divorce filings, legal separations, child custody matters, support orders, and alimony awards. No other court in Abbeville County can grant a divorce.

The Clerk of Court keeps every case file, including the petition, any motions, financial disclosures, and the Final Order of Divorce. That final order uses form SCCA299 in South Carolina. The Clerk's office is open Monday through Friday and can assist with in-person record requests. Staff cannot give legal advice, but they can help you find and copy documents on file.

The official Abbeville County Clerk of Court page at abbevillecountysc.com lists current office hours, contact information, and fee schedules for copies. The county website at abbevillecountysc.com also lists other court-related departments.

The SC Courts Clerks of Court directory lists contact details for all 46 South Carolina counties.

How to Search Abbeville Divorce Records

The South Carolina Judicial Branch runs a free online Public Index at sccourts.org. You can search by party name, case number, or filing date. The index shows case information for Family Court matters in Abbeville County going back several years. Keep in mind the index shows case details but does not provide full document images. For copies of actual filings, you must contact the Clerk directly or visit in person.

When searching in person, bring the full legal names of both parties and an approximate filing year if you know it. Case numbers speed up the search significantly. The Clerk's staff can pull paper files or check the electronic system. Note: as of January 1, 2026, home addresses have been removed from the public index in South Carolina to protect privacy.

Common items to have ready when making a records request:

• Full legal name of one or both parties at the time of divorce
• Approximate year of the divorce
• Case number, if available
• A valid photo ID for certified copy requests
• Payment for copy fees

Divorce Filing Fees and Copy Costs

Filing for divorce in Abbeville County costs approximately $150. This base filing fee covers the initial petition and case opening. There may be additional fees for serving documents on the other party and for filing motions as the case moves forward. The Clerk of Court's office can give you the current fee schedule when you call or visit.

Certified copies of divorce decrees typically cost a per-page fee plus a certification charge. Standard copy fees in South Carolina Family Court run a few dollars per page. If you cannot afford the filing fees, you may ask the court to waive costs by filing an affidavit of indigency, sometimes called an in forma pauperis petition. The court reviews these requests on a case-by-case basis.

Note: Fee amounts can change by court order, so confirm current rates with the Clerk's office before you submit payment.

Filing for Divorce in Abbeville County

South Carolina law sets out both the grounds and the process for divorce. Under S.C. Code Ann. § 20-3-10, the recognized grounds are adultery, desertion for at least one year, physical cruelty, habitual drunkenness or drug use, and one year of continuous separation. The separation ground is the no-fault option and is the most common ground used in South Carolina.

Residency is a firm requirement. Under § 20-3-30, if only one spouse lives in South Carolina, that spouse must have resided here for at least one year before filing. If both spouses are South Carolina residents, the waiting period drops to three months. Abbeville County residents who meet this rule may file here.

Venue is also set by statute. Under § 20-3-60, a divorce case should be filed in the county where the defendant lives. If the defendant lives outside South Carolina, the plaintiff may file in the county where the plaintiff resides. South Carolina also requires a waiting period before a final decree can issue. No case can be referred before two months after filing, and the final decree cannot issue before three months have passed. The SC Courts forms page has the official forms needed to begin a case.

What Abbeville Divorce Records Contain

A divorce case file at the Abbeville County Clerk of Court can include a wide range of documents depending on how complex the case was. Simple no-fault divorces with no contested issues tend to have fewer documents. Contested divorces involving property, children, or support can run to dozens of pages or more.

Typical documents found in Abbeville County divorce records include:

• Summons and complaint for divorce
• Proof of service on the defendant
• Financial declarations from both parties
• Any temporary orders for support or custody
• Property settlement agreement, if one exists
• Final Order of Divorce (form SCCA299)
• Any post-divorce modification orders

Property division in South Carolina follows the equitable distribution rule under § 20-3-620. Equitable means fair, not necessarily equal. The settlement agreement or court order in the file will reflect how assets and debts were split.

Divorce Certificates from South Carolina DPH

The South Carolina Department of Public Health holds divorce reports from July 1962 through December 2023. These reports are different from the actual divorce decree held by the Clerk of Court. The DPH divorce report confirms that a divorce took place, who the parties were, and the date, but it does not contain the full terms of the settlement.

The DPH divorce reports page explains what is available and how to request a certified copy. The fee for a certified divorce report from DPH is $12. You can also order through VitalChek, which processes requests online for an additional service charge. For divorces granted before July 1962, only the Clerk of Court in the county where the divorce was filed will have records. For apostille certification of vital records, the SC Secretary of State handles requests.

Note: The DPH divorce report and the court's Final Order of Divorce serve different legal purposes, so confirm which document you need before ordering.

Getting Legal Help in Abbeville County

The SC Legal Services organization offers free or low-cost civil legal help to income-qualifying residents. If you are in Abbeville County and need help with a divorce case, contact them to see if you qualify for assistance. The SC Bar Lawyer Referral Service can be reached at (803) 799-6653 and connects callers with attorneys in the relevant practice area.

The SC Courts forms page also has self-help packet forms for uncontested divorces. These packets walk through each required form step by step and are useful for straightforward cases where both parties agree on all terms. If your case involves children, property, or disagreements about support, speaking with an attorney first is a good idea. The SC Legal Services site also has written guides on family law topics that may answer initial questions at no cost. Abbeville County also has a Probate Court that handles name changes after divorce, which is a separate step from the divorce itself.

Public Records Access for Abbeville Divorce Cases

South Carolina's Freedom of Information Act, found at S.C. Code Ann. § 30-4-10 and following sections, governs access to public records. Court records, including divorce case files, are generally public records. Anyone can request copies from the Clerk of Court. However, certain information may be sealed or redacted by court order, especially in cases involving minor children or sensitive financial data.

Home addresses have been removed from the public index since January 1, 2026. This change applies statewide and protects personal addresses from appearing in routine court record searches. The rest of the case record, including the names of the parties, the case number, filing dates, and the final order, remains accessible to the public.

Note: If a case file has been sealed by court order, even parties to the case may need to file a motion to access certain records.

Divorce History in South Carolina

South Carolina was the last state in the nation to legalize divorce. Divorce was illegal in South Carolina until April 1949, when the state finally passed a law permitting it. Before that date, residents who wanted to end their marriage had to seek relief in other states or through annulment. Because of this history, divorce records in South Carolina do not go back as far as in many other states.

The Family Court was formally established in 1976, giving South Carolina a dedicated court division for domestic matters including divorce. Before the Family Court existed, these cases moved through the Court of Common Pleas. Today, the SC Family Court has exclusive jurisdiction over all divorce matters statewide. Abbeville County's Family Court operates as part of the 8th Judicial Circuit and processes all divorce cases for county residents.

For genealogy and historical research, the Library of Congress South Carolina vital records guide is a helpful resource for locating older records.

Cities in Abbeville County

All divorce cases for residents of Abbeville County are filed at the Abbeville County Family Court in Abbeville.

Nearby Counties

Divorce records for residents of surrounding counties are held by their respective Family Court Clerk of Court offices.

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