Berkeley County Divorce Records
Berkeley County divorce records are filed with and maintained by the Berkeley County Family Court, part of South Carolina's 9th Judicial Circuit. Located near Charleston, Berkeley County is one of the fastest-growing counties in the state, which means a high volume of Family Court activity each year. Those searching for Berkeley County divorce records can access case index information online through the state judicial portal or request documents in person at the courthouse in Moncks Corner. This page explains the search process, what records contain, applicable fees, and the legal framework that governs divorce in the county.
Berkeley County Quick Facts
Berkeley County Family Court
The Berkeley County Family Court holds exclusive jurisdiction over divorce, custody, child support, and alimony matters for all Berkeley County residents. It is part of the 9th Judicial Circuit, which also includes Charleston County. South Carolina created its statewide Family Court system in 1976. Before that year, domestic relations cases were heard by other trial court divisions. The Berkeley court now handles a substantial docket given the county's rapid population growth over recent decades.
The Berkeley County Clerk of Court maintains all Family Court records. The courthouse is at 300-B California Avenue in Moncks Corner. Staff can assist with records requests, certified copies, and case lookups. Calling ahead is advisable for older or archived records since retrieval may take additional time.
The image below shows the Berkeley County Clerk of Court page, where you can find hours, contact details, and instructions for requesting court records.
The clerk's office is the official custodian of all Family Court records, including divorce decrees and related filings.
| Court | Berkeley County Family Court 300-B California Avenue, Moncks Corner, SC 29461 Phone: (843) 719-4400 |
|---|---|
| Hours | Monday through Friday, 8:30 AM to 5:00 PM |
| Website | berkeleycountysc.gov |
Accessing and Searching Berkeley Court Records
The SC Judicial Branch provides a statewide case search tool at sccourts.org. This free portal allows searches by party name, case number, and date range. Berkeley County cases are included in the system. Search results display basic case data — filing date, case type, and scheduled hearings. Full document images may not be available online and often require an in-person visit to the clerk's office in Moncks Corner.
For in-person access, bring specific identifying information before visiting. The more you know, the faster staff can locate the record. Useful details include the full names of both parties, the approximate year of filing or final decree, and the case number if available. Staff will retrieve the file from the records room or archives.
Since January 1, 2026, addresses have been removed from the public online index for all family court cases. Address information remains in the physical case file but will not appear in index search results. Note: Berkeley County's rapid population growth means a large records volume, and staff may need extra time for older archived cases.
The image below shows the SC Courts courthouse search page, which lists court locations and contact details for Berkeley County.
Use the courthouse search to confirm current hours and the correct mailing address before submitting a mail-in records request.
Divorce Filing Process and SC Law
South Carolina divorce law is contained in Title 20, Chapter 3 of the state code. Under § 20-3-10, recognized grounds for divorce are adultery, physical cruelty, habitual drunkenness or drug use, desertion for at least one year, and living separate and apart for one continuous year. The one-year separation ground requires no showing of fault and is the most frequently used basis for divorce in Berkeley County and throughout the state.
Residency requirements are set by § 20-3-30. When one spouse is the sole South Carolina resident, that person must have lived here for at least one year before filing. If both spouses are state residents, three months of residency is enough. Venue under § 20-3-60 is generally proper in the defendant's county of residence. A Berkeley County resident who is the defendant would normally have the case heard in Berkeley County Family Court.
The court applies mandatory waiting periods under § 20-3-80. A reference hearing cannot occur until at least two months after filing, and the final decree cannot be entered until at least three months have passed from the date of the complaint. Marital property is divided under equitable distribution rules in § 20-3-620. Alimony may be awarded in one of six forms recognized under § 20-3-130, including periodic, lump sum, rehabilitative, and reimbursement alimony.
The image below is from the SC Family Court information page, which explains court structure, jurisdiction, and how hearings work.
Reviewing the Family Court overview before your first filing or court visit helps you understand what to expect at each stage of the case.
What Berkeley Divorce Files Contain
Berkeley County divorce case files vary in size depending on complexity. A simple uncontested divorce may include only a few documents. A contested case with property disputes, custody issues, and support disagreements can produce a thick file with many filings. Documents commonly found in Berkeley County divorce files include:
- Complaint for divorce and civil summons
- Proof of service or waiver of service
- Answer or notice of default
- Financial declarations from both parties
- Temporary custody, support, and property orders
- Final Order of Divorce (form SCCA299)
- Separation and property settlement agreements
The SCCA299 is the standard final divorce order form used across all 46 South Carolina counties. It contains the court's findings and the full terms of the divorce. Since January 2026, addresses are excluded from the public index but remain in the file itself. Certified copies of the final decree are the most frequently requested documents, often needed for remarriage, legal proceedings, or name changes.
Fees for Filing and Obtaining Records
The base filing fee for a divorce in Berkeley County is approximately $150. This covers the initial complaint. Fees for additional filings — motions, counterclaims, and other documents — are charged separately. Service of process fees also apply when a process server or sheriff must deliver court papers.
Copy fees for court records are charged per page. Certified copies cost more than plain copies and are required for most official purposes. The clerk's office can confirm current rates by phone at (843) 719-4400. Payments are typically accepted in cash, check, or money order. Fee waivers are available for those who qualify under the court's indigency standards. The waiver application is filed with the complaint, and the judge determines eligibility.
Note: Fee amounts are generally set by the South Carolina Supreme Court, but some local administrative charges may vary slightly between counties.
State Divorce Reports and Vital Records
South Carolina's Department of Public Health maintains state-level divorce reports covering the period from July 1962 through December 2023. These can be ordered through the SC DPH vital records page or through VitalChek for $12 per copy. These reports are statistical records that confirm a divorce occurred. They include basic identifying information but not the full terms of the court order.
If you need the complete divorce decree with all case details — property division terms, custody arrangements, support amounts — you must request it from the Berkeley County clerk's office. The DPH report is useful for administrative purposes but does not substitute for the court decree in legal proceedings. Certified copies of the decree may be apostilled for international use through the Secretary of State's office.
Legal Help for Berkeley County Residents
Self-represented parties in Berkeley County can use free forms from the SC Courts forms page. The Final Order of Divorce uses form SCCA299, and other forms cover financial declarations, temporary orders, and service documents. Using correct forms helps avoid delays in processing.
The SC Bar Lawyer Referral Service at (803) 799-6653 connects callers with licensed family law attorneys who serve Berkeley County. Initial consultations are often available at a modest fee. For low-income residents, South Carolina Legal Services provides free civil legal help in family law matters. Their intake process determines eligibility based on income guidelines.
The SC clerks of court directory lists direct contact information for every county in the state, including the Berkeley County Clerk of Court office in Moncks Corner.
Public Records Law and Access Rights
Berkeley County Family Court records are public records subject to South Carolina's Freedom of Information Act at § 30-4-10. Any member of the public may inspect the case index and request copies of divorce filings. Exceptions apply to sealed records, cases involving minor children's private information, and records restricted by court order. Either party may petition the court to seal specific filings, and the judge rules based on the circumstances and applicable law.
The public index — accessible through the SC Courts portal — shows case parties, case numbers, filing dates, and hearing information. Physical files at the clerk's office contain the full record. To review a file, visit the courthouse in person during business hours. Copies of specific pages can be requested on-site. For remote access, contact the clerk's office to ask about mail-in request procedures, which may vary by record age and staff capacity.
Cities in Berkeley County
Berkeley County includes several growing communities near the Charleston metro area. All divorce cases for Berkeley County residents are filed at the Family Court in Moncks Corner, regardless of city of residence.
Nearby Counties
Berkeley County borders several other South Carolina counties in the Lowcountry and Pee Dee regions. Use the links below if you need divorce records from a neighboring county.