Chester County Divorce Records Search
Chester County divorce records are kept by the Clerk of Court at the Chester County Family Court in the city of Chester. The Family Court, part of South Carolina's 6th Judicial Circuit, oversees all divorce and domestic cases for county residents. Case files include filed petitions, final decrees, and supporting documents. Researchers and residents alike can access Chester County divorce records in person, by mail, or through the state's online case search portal. This page explains where to search, what records include, and how to get copies of documents you need.
Chester County Quick Facts
Chester County Family Court Overview
Chester County sits in the northern portion of South Carolina and is served by the 6th Judicial Circuit Family Court. The Family Court division was established statewide in 1976, giving domestic matters their own dedicated court. All divorce, child custody, and domestic support cases filed in Chester County go through this court. The Clerk of Court manages the case files and makes them available to the public.
The clerk's office is located at 140 Main Street in Chester, the county seat. Staff accept new filings, process copy requests, and maintain the docket for all active and closed Family Court cases. Divorce records maintained here include the complete case history from first filing through final decree.
The Chester County Clerk of Court maintains all Family Court case files, including divorce decrees and petitions.
| Court | Chester County Family Court 140 Main Street, Chester, SC 29706 Phone: (803) 385-2601 |
|---|---|
| Hours | Monday through Friday, 8:30 AM to 5:00 PM |
| Website | chestercounty.org |
Chester County Divorce Filing Process
Filing for divorce in Chester County starts with meeting the state residency requirement. Under S.C. Code § 20-3-30, a spouse who lives alone in South Carolina must have been a resident for at least one year before filing. When both spouses live in the state, the required period drops to three months. Under § 20-3-60, the case is generally filed in the county where the defendant resides, which for most Chester County divorces means filing here in Chester.
South Carolina law under § 20-3-10 recognizes five grounds for divorce: adultery, physical cruelty, habitual drunkenness or drug use, desertion for one year, and separation for one year. Most couples use the one-year separation ground because it is no-fault. After the petition is filed, a mandatory two-month wait applies before the case can go before a referee, and the court cannot issue the final decree until at least three months after filing under § 20-3-80.
Property is divided under § 20-3-620 using equitable distribution. The court considers contributions, length of marriage, and other factors to reach a fair division. If alimony is requested, § 20-3-130 lists six types the court may award. Chester County Family Court follows all statewide procedural rules, so the process here mirrors what you would find in any other South Carolina county.
The SC Courts website provides detailed information about the Family Court system and its role in divorce proceedings statewide.
Note: Divorce was illegal in South Carolina until April 1949, so no divorce records exist in any county before that date.
How to Search Chester Divorce Records
The South Carolina Judicial Branch provides a free public case search portal at sccourts.org/case-records-search/. You can search Chester County Family Court cases by party name or case number. Results show the case type, parties involved, filing date, and current status. This is the fastest way to confirm whether a case exists and to get a case number before contacting the courthouse.
For in-person lookups, visit the clerk's office at 140 Main Street during business hours. Staff can pull physical files and make copies while you wait, depending on workload. Bring identifying information to help narrow the search, especially if the surname is common.
Useful information to bring for an in-person search:
- Full legal names of both parties
- Approximate year the case was filed
- Case number if available
- Valid photo identification
- Payment for copy fees
Note: As of January 1, 2026, addresses no longer appear in the public case index, though they may still be visible within the underlying documents depending on when the case was filed.
Chester County Divorce Record Fees
The base filing fee for a divorce action in Chester County is approximately $150 at the time of filing. This covers the initial petition only. If additional motions or hearings are required, each may carry its own fee. The total cost varies based on case complexity and how the case proceeds.
Certified copies of divorce decrees or other case documents carry a per-page copy fee plus a certification charge. Plain copies cost less. Contact the Chester County Clerk of Court at (803) 385-2601 for the current schedule before visiting. Fees are set by state statute and can change from year to year.
Low-income filers may qualify for a fee waiver. The waiver requires a financial affidavit showing inability to pay. The judge reviews it and can grant full or partial relief from filing fees. Waiver forms are available at the courthouse and on the SC Courts website.
What Is in a Chester Divorce Case File
Chester County divorce case files can contain a wide range of documents depending on whether the case was contested. Simple, agreed divorces usually hold fewer items. Contested cases may include many motions, orders, and exhibits built up over months or years of litigation.
Common documents in a divorce case file include the summons, the complaint, any answer filed by the other party, financial declarations, temporary orders, property settlement agreements, and the final decree. The final decree is the official court order that ends the marriage. It states how property was divided and resolves any related custody or support matters.
Some documents within a file are sealed by the court, particularly those involving private details about minor children. Most other case documents are open to the public under state law. The Chester County public records page outlines the county's policies for accessing government documents.
Chester County's public records portal outlines access policies and resources for requesting county documents.
Divorce Certificates and Vital Records
South Carolina's Department of Public Health keeps divorce report records separate from the courthouse case files. DPH divorce reports cover events from July 1962 through December 2023. These are short administrative records, not full case files. A typical DPH report includes the names of both parties, the county of filing, and the date the decree was entered.
You can order a DPH divorce report online through the DPH vital records page or through VitalChek. The fee is $12 per report. Use form SCCA299 when ordering. For divorces outside the 1962 to 2023 range, contact the Chester County clerk's office to request a copy of the actual decree.
Certified copies of divorce decrees needed for official purposes, such as changing a name on a passport or proving marital status, can also be obtained from the clerk. If you need the document authenticated for use abroad, the Secretary of State's office handles apostille certification.
Public Records Law in Chester County
South Carolina's Freedom of Information Act at S.C. Code § 30-4-10 establishes the public's right to access government records, including court filings. Chester County Family Court records are generally open to any person who requests them. You do not need to be a party to the case to view or copy a divorce decree or petition. The FOIA applies to all state and county agencies, including the clerk's office.
Certain documents within a case file may be withheld. Items sealed by court order, records involving minor children's private information, and exhibits restricted under other statutes are not publicly available. The clerk's office reviews each request and releases only what state law permits.
The Chester County government website connects residents to court offices, public records, and county services.
Note: Requests involving older or archived records may require additional processing time, as some files may be stored off-site.
Legal Help for Chester County Residents
Residents who need help with a divorce case but cannot afford a private attorney have several options. South Carolina Legal Services provides free civil legal aid to income-eligible residents and handles family law matters including divorce. Their intake process determines whether you qualify based on income and household size.
The South Carolina Bar Lawyer Referral Service can be reached at (803) 799-6653. A referral connects you with a licensed attorney for a reduced-cost initial consultation. Self-represented litigants can find court forms and filing instructions at sccourts.org/court-forms/. These include forms for uncontested divorce and related filings. Clerk's office staff can guide you on which forms to use, but they cannot offer legal advice on your case.
Cities in Chester County
All Chester County divorce cases are filed at the Chester County Family Court. There are no separate city-level courts for divorce in the county. Residents from any community in Chester County, including the city of Chester, Great Falls, or Richburg, file and retrieve records at the same courthouse.
Nearby Counties
The counties bordering Chester County each maintain their own Family Court records. Use the links below to find divorce record information for neighboring counties in the 6th Judicial Circuit region and beyond.