Aiken County Divorce Records
Aiken County divorce records are maintained by the Clerk of Court at the Aiken County Family Court in Aiken, South Carolina. These records include divorce decrees, petitions, and related case files from proceedings handled under SC Code Title 20. Anyone needing to locate or obtain Aiken County divorce records can search the state's public index online or visit the courthouse in person. The Family Court holds exclusive jurisdiction over all domestic matters in the county, including divorce, legal separation, custody, child support, alimony, and property division. This guide explains how to find, request, and use these records.
Aiken County Quick Facts
Aiken County Family Court
The Aiken County Family Court operates as part of South Carolina's 2nd Judicial Circuit. It holds exclusive jurisdiction over divorce, legal separation, custody, visitation, termination of parental rights, adoption, child support, alimony, property division, and name changes. All cases proceed under SC Code Title 20. The court was established as part of South Carolina's Family Court system in 1976, which gave Family Courts statewide authority over domestic relations matters.
The Clerk of Court is the official record keeper for all Family Court filings in Aiken County. The clerk's office accepts new filings, issues certified copies of decrees, and maintains the case index. Staff can help with procedural questions but cannot give legal advice.
| Court | Aiken County Family Court 109 Park Avenue SE, Aiken, SC 29801 Phone: (803) 642-1715 |
|---|---|
| Hours | Monday through Friday, 8:30 AM to 5:00 PM |
| Website | aikencountysc.gov |
The Aiken County portal provides information on court divisions and services. The screenshot below shows the county's online presence for local court resources.
This page is sourced from aikencountysc.gov and reflects current county court information.
How to Search Aiken Divorce Records
The South Carolina Judicial Branch provides a free online public index for case records. You can search Aiken County divorce records at sccourts.org. This index shows case numbers, party names, filing dates, and case status. It does not display the full contents of documents, but it confirms whether a case exists and provides details needed to order copies.
To search effectively, you will need at least one party's full name. A case number helps narrow results. The index covers cases going back several years. For older records not yet in the online system, you must visit or contact the Aiken County Clerk of Court directly at 109 Park Avenue SE.
When requesting records in person, bring a government-issued photo ID. Know the full names of both parties and an approximate filing year if possible. The clerk's staff can pull case files and provide certified or plain copies for a fee.
Note: Home addresses were removed from the public court index beginning January 1, 2026, to protect personal privacy in public filings.
Filing a Divorce in Aiken County
South Carolina recognizes both fault-based and no-fault grounds for divorce under SC Code § 20-3-10. The fault grounds are adultery, desertion for one year, physical cruelty, and habitual drunkenness or drug use. The no-fault ground is living separate and apart for one continuous year. Most Aiken County filings use the one-year separation ground.
Residency rules are set by § 20-3-30. If both spouses live in South Carolina, either may file after three months of state residency. If only one spouse is a South Carolina resident, that person must have lived in the state for at least one year before filing.
Under § 20-3-60, a divorce petition must be filed in the county where the defendant lives. If the defendant lives outside South Carolina, the plaintiff may file in their own county of residence. This means most Aiken County residents who are the responding party will have their case filed here.
Property division in South Carolina follows equitable distribution principles under § 20-3-620. The court divides marital property in a fair manner, which does not always mean an equal split. Factors include the length of the marriage, each spouse's economic circumstances, and contributions to the marital estate.
Note: SC law under § 20-3-80 requires that no case be referred to a judge before two months from filing, and no final decree may be issued before three months.
Divorce Record Documents in Aiken County
Aiken County Family Court files contain several types of documents depending on how a case proceeds. Records in a completed divorce case typically include the following types of materials.
Common documents found in an Aiken County divorce file include the summons and complaint, the defendant's answer or default notice, financial declarations, temporary order motions, and the final divorce decree. Cases involving children will also include parenting plans and custody orders. Property matters may add deeds or financial affidavits.
The final divorce decree is recorded on South Carolina court form SCCA299. This form is the official legal document that ends the marriage. Certified copies of the SCCA299 are available from the Clerk of Court and are often required for name changes, remarriage, and other legal purposes.
Note: Not every document in a case file is automatically public. Certain sealed records, including those involving minors, may require a court order to access.
Aiken County Divorce Certificates from DPH
South Carolina's Division of Public Health maintains a separate record from court decrees. The DPH holds statistical divorce reports for divorces that occurred between July 1962 and December 2023. These reports are not the same as a court-issued divorce decree. They serve as a summary record of the divorce event.
The South Carolina DPH divorce reports page explains what is available and how to order copies. The image below is from the DPH vital records portal.
A certified copy from DPH costs $12. Orders can also be placed through VitalChek. For divorces that occurred after December 2023, or when the actual court decree is needed, contact the Aiken County Clerk of Court.
For apostille certification of vital records, the SC Secretary of State's office handles requests. See sos.sc.gov for details on certifying records for use abroad.
Fees and Costs for Aiken County Records
Filing a divorce in Aiken County costs approximately $150. This covers the initial filing fee at the Clerk of Court. Additional fees may apply for motions, service of process, and other filings during the case. Fees are set by South Carolina court rules and are subject to change.
Copies of divorce documents cost a per-page fee. Certified copies carry an additional certification charge. The clerk's office can confirm current copy rates when you call or visit. Fee waivers are available for filers who qualify based on income. Ask the clerk's office for a fee waiver application or consult the SC court forms page at sccourts.org.
Public Records Access in Aiken County
South Carolina's Freedom of Information Act, found at SC Code § 30-4-10, gives the public the right to access government records, including court filings. Aiken County divorce records are generally public unless sealed by court order. Most final decrees, petitions, and orders are available to anyone who requests them.
Access to Aiken County court records is also available through the SC Judicial Branch. The image below is sourced from the SC Courts courthouse directory and shows how local courthouse information is presented online.
Researchers, attorneys, and members of the public can all request access. Requests made to the clerk's office are typically processed during regular business hours. Some older records may need to be retrieved from storage and could take additional time.
Legal Help for Aiken County Residents
Divorce law in South Carolina can be complex, especially when children or significant property are involved. The SC Family Court system provides general information online, but court staff cannot advise you on legal strategy or rights.
Free and low-cost legal help is available through SC Legal Services, which serves residents who qualify based on income. The South Carolina Bar's lawyer referral line can be reached at (803) 799-6653. For self-represented litigants, the SC Judicial Branch offers standard court forms at sccourts.org/court-forms, including divorce petitions, financial declarations, and custody worksheets.
The Library of Congress also maintains a guide for researching South Carolina vital records at guides.loc.gov, which is useful for genealogical research involving older Aiken County divorce records.
Note: Divorce was illegal in South Carolina until April 1949, so no divorce records exist in the state before that date.
Cities in Aiken County
Aiken County includes several municipalities where residents may have divorce cases on file at the county Family Court. All cases for the county are processed at the Aiken courthouse regardless of which city the parties live in.
Nearby Counties
If a divorce was filed in a neighboring county, records would be held by that county's Clerk of Court. The links below lead to divorce records pages for counties that border or lie near Aiken County.