Cherokee County Divorce Records

Cherokee County divorce records are maintained by the Clerk of Court at the Cherokee County Family Court in Gaffney. These records include filed petitions, decrees, and related case documents. The Family Court, part of South Carolina's 7th Judicial Circuit, has handled all divorce and domestic matters in Cherokee County since the court was established in 1976. Residents and researchers can search Cherokee County divorce records online, by mail, or in person at the courthouse. This guide covers how to find records, what documents are available, and who to contact for help.

Cherokee County Family Court

The Cherokee County Family Court sits within the 7th Judicial Circuit and handles all divorce, custody, and domestic matters for county residents. Family Court was created by the South Carolina Legislature in 1976 as its own division separate from general sessions and common pleas. Before that, divorce cases were handled differently across the state. Today, all filings go through the Clerk of Court, who keeps the official case files and makes them available to the public under state law.

The courthouse is located in Gaffney, the county seat, which is known throughout the region for the famous Peachoid water tower along Interstate 85. The clerk's office maintains records for all cases filed in Cherokee County, including divorce decrees, settlement agreements, and support orders.

The Cherokee County Clerk of Court is the primary point of contact for divorce record requests. Staff can assist with in-person searches and provide certified copies of documents when needed.

The clerk's office processes record requests for cases filed in the Cherokee County Family Court going back many years.

How to Search Cherokee Divorce Records

The South Carolina Judicial Branch offers a free public case search tool at sccourts.org/case-records-search/. This portal lets you search by party name or case number for Family Court cases across all 46 counties, including Cherokee. Search results show case type, filing date, parties, and current status. The online tool is a good first step before contacting the courthouse directly.

The SC Courts system links to courthouse contact information and case search tools for each county.

For in-person searches, visit the clerk's office at 1100 Trinity Drive in Gaffney during regular business hours. Bring as much identifying information as possible to help staff locate the correct case. Staff can pull physical files and provide copies for a per-page fee.

When visiting in person, it helps to bring the following:

• Full legal names of both parties as listed on the case
• Approximate year the divorce was filed or finalized
• Case number if known
• A valid photo ID
• Payment for copy fees

Note: Addresses were removed from the public index effective January 1, 2026, so some older records may show address fields that are now redacted in newer filings.

Cherokee County Divorce Filing Fees

Filing a divorce in Cherokee County requires paying court fees at the time of filing. The base filing fee is approximately $150, though the exact amount can change and may vary based on the type of case or whether additional motions are filed. This fee covers the initial petition. Additional documents, motions, and hearings may each carry separate fees set by the court.

Certified copies of divorce decrees cost a small per-page fee, typically a few dollars per page plus a certification charge. Plain, uncertified copies cost less. Contact the clerk's office directly at (864) 487-2571 for the current copy fee schedule before your visit.

If you cannot afford the filing fee, South Carolina courts allow you to apply for a fee waiver. You must complete an affidavit showing your financial situation and submit it with your petition. The judge reviews the request and can waive all or part of the fees based on your income and circumstances.

Note: Fee waiver forms are available at the courthouse or through the SC Courts website at sccourts.org/court-forms/.

Cherokee County Divorce Filing Process

To file for divorce in Cherokee County, at least one spouse must meet the residency requirement set by South Carolina law. Under S.C. Code § 20-3-30, if only one spouse lives in South Carolina, that person must have been a resident for at least one year before filing. If both spouses live in South Carolina, the residency period drops to three months. The case is typically filed in the county where the defendant lives, as outlined in § 20-3-60.

South Carolina recognizes five grounds for divorce under § 20-3-10: adultery, physical cruelty, habitual drunkenness or drug use, desertion for at least one year, and living separate and apart for at least one year. The one-year separation ground is the most commonly used because it does not require proving fault. Once the petition is filed, there is a mandatory two-month waiting period before the case can go to a referee, and the final decree cannot be issued for at least three months after filing.

When the divorce involves property, the court divides marital assets under § 20-3-620, which calls for equitable distribution. This means fair, but not necessarily equal, division. The court looks at many factors, including the length of the marriage, each spouse's income, and contributions to marital property. If alimony is at issue, § 20-3-130 sets out six types the court may award.

Note: Cherokee County Family Court follows all statewide procedural rules, so timelines and requirements are the same across South Carolina.

What Cherokee Divorce Records Contain

A divorce case file in Cherokee County can hold many types of documents. The contents depend on how the case proceeded and whether it was contested. Simple, uncontested cases tend to have fewer documents than complex, litigated ones.

The Cherokee County website provides links to court offices and resources for residents seeking records.

Typical documents found in a divorce case file include:

• Summons and complaint for divorce
• Answer or default judgment
• Financial declarations and affidavits
• Property settlement agreement
• Temporary orders for support or custody
• Final decree of divorce

The final decree is the most requested document. It is the court's official order ending the marriage and resolves property, support, and custody issues. Courts seal certain documents, such as those involving minor children's private details, but most case records are open to the public.

Divorce Certificates from the State

South Carolina's Department of Public Health (DPH) keeps a separate set of divorce records that differ from courthouse case files. DPH has collected divorce report data since July 1962 and issued records through December 2023. These reports are not full case files. They are brief statistical records used for vital records purposes. A DPH divorce report typically shows the names of both parties, the county where the case was filed, and the date the decree was issued.

You can order a DPH divorce report through the DPH vital records page or through VitalChek at vitalchek.com. The fee is $12 per report. Use form SCCA299 when ordering. For events outside the July 1962 to December 2023 window, you will need to contact the Cherokee County clerk's office directly to obtain a copy of the actual court decree.

The DPH website explains the ordering process for divorce reports covering cases from 1962 through 2023.

If you need a certified copy for legal or genealogical use, an apostille or other authentication can be arranged through the Secretary of State's office.

Legal Help for Cherokee County Residents

Divorce law can be hard to navigate without guidance. Several resources exist for Cherokee County residents who need legal help but cannot afford a private attorney. South Carolina Legal Services at sclegal.org provides free civil legal aid to low-income individuals, including help with divorce and family law matters. Eligibility is based on income.

The South Carolina Bar's Lawyer Referral Service can connect you with a licensed attorney in the area. Call (803) 799-6653 to request a referral. The first consultation is often available at a reduced rate. For those handling their own case, the SC Courts website provides self-help forms and instructions at sccourts.org/court-forms/. These forms cover common filings, including uncontested divorce petitions.

The clerk's office staff can tell you what forms you need and how to file them, but they cannot give legal advice. For questions about your specific rights, talk to an attorney.

Note: SC Legal Services serves Cherokee County residents and can be reached through their main intake line listed at sclegal.org.

Public Records Access in Cherokee County

South Carolina's Freedom of Information Act, found at S.C. Code § 30-4-10, gives the public the right to inspect and copy most government records, including court records. Divorce case files held by the Cherokee County Clerk of Court are generally open to any member of the public. You do not need to be a party to the case to request a copy of a divorce decree or petition.

Some information within a file may be restricted. Records related to minor children, sealed financial exhibits, or documents protected by court order are not publicly available. The clerk's office follows SC rules on what can and cannot be released. As of January 1, 2026, home addresses are removed from the public case index, though they may still appear within the underlying case documents depending on the date of filing.

The SC Courts website lists contact information for all 46 county clerks of court across South Carolina.

Note: Requests for records from older cases may take longer to fulfill if the files are stored off-site or in archival storage.

Cities in Cherokee County

All Cherokee County divorce cases are filed at the Cherokee County Family Court in Gaffney. There are no separate city-level courts handling divorce matters in the county. Whether you live in Gaffney, Blacksburg, or another community in Cherokee County, your case will be filed and maintained at the same courthouse.

Nearby Counties

If you are researching divorce records in counties near Cherokee, the links below will take you to the relevant county pages. Each county maintains its own Family Court records through its local Clerk of Court.

View All 46 Counties