Chesterfield County Divorce Records
Chesterfield County divorce records are held by the Clerk of Court at the Chesterfield County Family Court in the town of Chesterfield. As part of South Carolina's 4th Judicial Circuit, the Family Court handles all divorce, custody, and domestic matters for county residents. Case files include the original petition, final decree, and related documents. People searching Chesterfield County divorce records can use the state's online case portal, request records by mail, or visit the courthouse in person. This guide covers all the steps needed to find and obtain these records.
Chesterfield County Quick Facts
Chesterfield County Family Court
Chesterfield County is located in the northeastern corner of South Carolina. The county seat is the town of Chesterfield, where the courthouse and clerk's office are located. The Family Court here is part of the 4th Judicial Circuit and was created as a separate division when South Carolina reorganized its court system in 1976. Before then, domestic cases were handled in ways that varied by county. Today, all divorces in Chesterfield County go through this court, and the Clerk of Court keeps the official records.
The clerk's office at 200 West Main Street accepts new case filings and processes record requests from the public. Family Court records maintained here include every stage of a case from the initial summons through the final decree. Long-running or contested cases may have large files with many documents.
The Chesterfield County Clerk of Court handles all Family Court case filings and maintains the official divorce record files.
| Court | Chesterfield County Family Court 200 West Main Street, Chesterfield, SC 29709 Phone: (843) 623-2574 |
|---|---|
| Hours | Monday through Friday, 8:30 AM to 5:00 PM |
| Website | chesterfieldcountysc.com |
How to Search Chesterfield Divorce Records
The South Carolina Judicial Branch operates a free public case search portal at sccourts.org/case-records-search/. This statewide tool allows you to search by party name or case number across all South Carolina counties, including Chesterfield. The results show the case type, filing date, parties, and status. Running a search here first gives you the case number, which speeds up any follow-up request with the clerk's office.
The SC Courts courthouse search tool provides contact information for the Chesterfield County clerk and other court offices.
For in-person visits, go to 200 West Main Street in Chesterfield during regular business hours. Staff can look up cases and provide copies on request. Older cases may take longer if files are stored in a different location.
Helpful information to have ready when searching:
- Full names of both parties as they appear in court records
- Year the case was filed or the divorce was finalized
- Case number if already known
- Valid photo ID for in-person requests
- Payment for copy fees
Note: Home addresses were removed from the public case index on January 1, 2026, so the index no longer displays that information for new or updated filings.
Chesterfield Divorce Filing Requirements
South Carolina law sets the rules for who can file for divorce and where. Under S.C. Code § 20-3-30, a spouse who is the only South Carolina resident must have lived in the state for at least one year before filing. If both spouses are South Carolina residents, the required period is three months. Per § 20-3-60, the proper venue is usually the county where the defendant lives, so most Chesterfield County divorces are filed here.
The law at § 20-3-10 allows divorce on five grounds: adultery, physical cruelty, habitual drunkenness or drug abuse, one year of desertion, and one year of separation. The one-year separation ground is used most often because neither party has to prove fault. Once the petition is filed, § 20-3-80 requires a two-month wait before the case can go to a referee and a three-month wait before the final decree can issue.
When property is involved, § 20-3-620 calls for equitable distribution. This means a fair division based on factors like marriage length, each spouse's finances, and each person's contribution to marital assets. Six types of alimony are available under § 20-3-130, and the court decides which type, if any, applies based on the facts of the case.
Fees for Chesterfield Divorce Filings
Filing a divorce petition in Chesterfield County costs approximately $150 as the base filing fee. Additional fees apply for motions, hearings, and service of process. The total out-of-pocket cost depends on how complex the case is and how many filings it involves.
Copies of divorce records carry a per-page fee for plain copies, plus a higher charge for certified copies. Certification is required when the document will be used for legal purposes such as name changes, property transfers, or court proceedings in another state. Call the clerk's office at (843) 623-2574 to confirm current rates.
People who cannot afford the filing fee can request a waiver. The process involves filing a financial affidavit with the court. The judge reviews it and can waive all or part of the fee. Forms for this purpose are available at the courthouse and at sccourts.org/court-forms/.
The SC Courts forms page provides downloadable forms for divorce filings, fee waivers, and other Family Court matters.
What Chesterfield Divorce Records Include
A divorce case file at the Chesterfield County courthouse can hold many types of documents. The size of the file depends on whether the case was contested and how long it took to resolve. Most files contain at a minimum the summons, the complaint, and the final decree. Complex cases may also include discovery documents, financial exhibits, witness affidavits, and multiple orders issued along the way.
The final decree of divorce is the most commonly requested item. It ends the marriage and sets out the court's decisions on property division, support, and other issues. A certified copy of the decree is often needed to update official records such as a Social Security account, driver's license, or deed. Plain copies work for personal reference or genealogical research.
Some records in a case file may be restricted. Documents sealed by the court, items involving private information about minor children, and any records protected by statute are not available to the public. The clerk's office follows state law in deciding what to release for each request.
Divorce Certificates from SC Vital Records
The South Carolina Department of Public Health maintains divorce reports as part of its vital records collection. These reports are separate from the courthouse case files and cover divorces filed in South Carolina from July 1962 through December 2023. A DPH divorce report is a brief record, not a full case file. It shows the names of the parties, the county of filing, and the date the decree was issued.
Orders can be placed through the DPH vital records page or through VitalChek. The fee is $12 per report, and orders require form SCCA299. For divorces before July 1962 or after December 2023, contact the Chesterfield County Clerk of Court directly to obtain a copy of the original decree.
Note: If you need the document certified for use in another country, the Secretary of State's office can attach an apostille to authenticated copies.
Legal Help in Chesterfield County
Divorce cases can involve complicated legal issues, from property division to child custody. Residents of Chesterfield County who need legal help but cannot pay for a private attorney should contact South Carolina Legal Services. This nonprofit provides free civil legal aid to income-eligible individuals and covers family law matters. Their intake team can determine whether you qualify.
The South Carolina Bar Lawyer Referral Service at (803) 799-6653 connects callers with licensed attorneys for a reduced first consultation. Self-represented individuals can access court forms and instructions at sccourts.org/court-forms/. The Family Court section covers uncontested divorce, support, and custody forms. Clerk's staff can tell you which forms apply to your situation, but they cannot provide legal advice.
The Chesterfield County government website provides links to court offices, county services, and local resources for residents.
Chesterfield County Public Records Policy
The South Carolina Freedom of Information Act at S.C. Code § 30-4-10 gives any person the right to inspect and copy public records held by government agencies, including court clerks. Chesterfield County Family Court records are public records under this law. You do not need to be a party to the case or give a reason for your request. The clerk processes requests from the public for any case not sealed by the court.
Restrictions apply to sealed documents, records involving minors, and materials protected by specific statutes. The clerk reviews each request individually and releases what the law allows. Processing times depend on whether the file is in active storage or archived. Complex or high-volume requests may take additional time to complete.
Note: The state's genealogical resources, including guidance on searching vital and court records, are available through the Library of Congress South Carolina genealogy guide.
Cities in Chesterfield County
All Chesterfield County divorce cases are filed at the Chesterfield County Family Court. There are no separate city courts handling divorce in the county. Whether you live in the town of Chesterfield, Cheraw, or another community in the county, all case filings and records are maintained at the same courthouse on West Main Street.
Nearby Counties
Chesterfield County borders several other counties in northeastern South Carolina. Each neighboring county has its own Family Court and Clerk of Court who maintains local divorce records. Use the links below to find information for nearby counties.