Darlington County Divorce Court Records

Darlington County divorce records are maintained by the Clerk of Court at the Family Court in the city of Darlington. Located in the northeastern part of South Carolina, Darlington County is part of the 4th Judicial Circuit. All divorce filings, decrees, and domestic case files for county residents are stored at the courthouse. Anyone who needs to search or obtain Darlington County divorce records can do so by visiting the Clerk of Court in person or by using the online search tool provided by the South Carolina Judicial Branch. Staff can assist with both current and older case files.

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Darlington County Quick Facts

~68,000Population
~$150Filing Fee
Family CourtCourt Division
DarlingtonCounty Seat

Darlington County Family Court

The Darlington County Family Court sits at 1 Public Square in the city of Darlington. The Clerk of Court is the official keeper of all divorce case files for the county. This office manages filings, stores documents, and issues copies of decrees and other records to the public. The Family Court handles all domestic relations matters, including divorce, child custody, and support cases for Darlington County residents.

Darlington County is well known as home to NASCAR's Darlington Raceway, but the courthouse serves a broader community of residents across the county's cities and rural areas. The 4th Judicial Circuit covers Darlington County along with neighboring Chesterfield and Marlboro counties. South Carolina established its statewide Family Court system in 1976. Before that year, divorce matters were handled through the court of common pleas. All records from 1976 forward are held by the Darlington County Clerk of Court, and some older records from earlier proceedings may also be available.

The image below shows the Darlington County portal, which connects residents to the Clerk of Court and other county services.

Darlington County portal for accessing divorce records and court services

The county website at darcosc.com provides links to court offices and public records departments.

CourtDarlington County Family Court
1 Public Square
Darlington, SC 29540
Phone: (843) 398-4330
HoursMonday through Friday, 8:30 AM to 5:00 PM
Websitedarcosc.com

How to Search Darlington County Divorce Records

Searching for divorce records in Darlington County is straightforward. You can search online through the South Carolina Judicial Branch Public Index or visit the Clerk of Court in person at 1 Public Square in Darlington. Online searches are free for basic case details. An in-person visit is needed when you want to review a full case file or request certified copies of documents.

The Public Index at sccourts.org covers all South Carolina counties, including Darlington. You can search by the full name of either spouse or by case number. The system returns case status, filing dates, and party names. Actual documents are not always available online, so contact the Clerk of Court for copies of specific papers. Not all older records are in the digital system, so older cases may require an in-person search.

Before searching, have the following information ready:

  • Full legal name of one or both spouses as used at the time of divorce
  • Approximate year the divorce was filed or finalized
  • Case number, if you have it
  • Any name variations or maiden names that may apply

When visiting the Darlington County Courthouse in person, bring a valid photo ID. The Clerk of Court staff can search by name or case number. Copies of records can be made while you wait, subject to any applicable fees. If you are researching historical records for genealogy, the Library of Congress provides a South Carolina vital records guide at guides.loc.gov that includes helpful links to state and county sources.

Note: As of January 1, 2026, home address information has been removed from publicly accessible Darlington County court records.

Fees for Darlington County Divorce Records

The cost to file a new divorce complaint in Darlington County is approximately $150. This follows the South Carolina statewide fee schedule. Fees for obtaining copies of records are charged separately. Always confirm current rates with the Clerk of Court at (843) 398-4330 before filing or requesting documents, since fees are subject to change.

Certified copies of the divorce decree cost more than plain photocopies. The per-page rate varies by document type. Service fees are charged when you need to have the opposing spouse formally served with the complaint and summons. The Darlington County Sheriff can perform service for a fee, or you may use a licensed private process server or certified mail with return receipt. Each method has its own cost. For those who cannot afford court fees, South Carolina courts allow a fee waiver application through the Affidavit and Application to Proceed In Forma Pauperis. You file this form at the Darlington County Clerk of Court, and the judge decides whether to grant the waiver.

Filing for Divorce in Darlington County

To start a divorce case in Darlington County, one spouse files a complaint for divorce with the Clerk of Court. The complaint names both parties, states the grounds for divorce, and lists what relief the plaintiff wants. The filing fee of approximately $150 is paid at this time. The Clerk assigns a case number and stamps the complaint as filed. This first document becomes the start of the public record for the case.

Residency is required before you can file. Under S.C. Code Ann. § 20-3-30, the filing spouse must have lived in South Carolina for at least one year. If both spouses live in the state, only three months of residency is required. Under S.C. Code Ann. § 20-3-60, you file in the county where the defendant resides, which means Darlington County if your spouse lives here. If the defendant lives out of state, you can file in the county where you live.

South Carolina recognizes several grounds for divorce under S.C. Code Ann. § 20-3-10. These include one year of continuous separation, adultery, physical cruelty, habitual drunkenness or drug use, and one year of desertion. One-year separation is the no-fault ground used most often in Darlington County. Under S.C. Code Ann. § 20-3-80, there are mandatory waiting periods between filing and the final hearing. Property division follows the equitable distribution standard in S.C. Code Ann. § 20-3-620, and spousal support claims are governed by S.C. Code Ann. § 20-3-130. Both issues are handled within the same divorce case in Darlington County.

What Is in a Darlington County Divorce Record

A divorce case file in Darlington County holds all the documents produced during the proceedings. The complaint is the first item. The defendant's answer or response follows. If both sides reach an agreement, a marital settlement agreement is filed with the court. Financial affidavits, temporary order motions, and hearing notices may also be part of the file. The divorce decree is the final document. It legally ends the marriage and is signed by the Family Court judge.

Certified copies of the decree are often needed for practical purposes. You may need one to change your name with the Social Security Administration or DMV, update bank accounts, handle real estate, or get remarried. The Darlington County Clerk of Court issues certified copies for a fee. Plain photocopies are cheaper but may not be accepted in all situations.

Records you may find in a Darlington County divorce file include:

  • Complaint for divorce and summons
  • Answer or response from the defendant
  • Affidavit of service showing the defendant was notified
  • Temporary orders issued during the case
  • Property settlement or separation agreement
  • Final divorce decree signed by the judge

Note: Certain records in a Darlington County divorce file may be restricted if the judge enters a sealing order, especially for matters involving minor children.

Divorce Certificates from South Carolina DPH

The South Carolina Department of Public Health maintains statewide divorce certificates that are separate from the full case records at the Darlington County Courthouse. A certificate confirms that a divorce happened. It includes the names of both parties, the date, and the county. It does not include the terms of any settlement or custody order. Many people need a certificate to prove their marital status without going through the full court record.

DPH holds records for divorces granted in South Carolina from July 1962 through December 2023. Each certified copy costs $12. You can order online through VitalChek, by mail to the Division of Vital Records in Columbia, or at the DPH office in person. The image below shows the DPH divorce reports page.

South Carolina DPH divorce reports page for ordering certified certificates

Online orders through VitalChek are processed faster than mail requests. For the full decree, contact the Darlington County Clerk of Court directly.

Legal Help for Divorce in Darlington County

Darlington County residents who need help with a divorce case have several places to turn. Free legal aid is available for those who qualify based on income. Paid referral services can connect you with a local family law attorney. Getting guidance before you file helps avoid mistakes that can delay your case.

South Carolina Legal Services offers free legal assistance to income-eligible residents throughout the state, including Darlington County. They handle family law matters such as divorce, custody, and support. Visit sclegal.org to apply online or find the nearest office. For a referral to a private family law attorney in Darlington County, call the South Carolina Bar at (803) 799-6653. Their lawyer referral service can match you with someone who practices in the 4th Judicial Circuit area.

The South Carolina Judicial Branch posts court forms and filing guides at sccourts.org/court-forms. The SCCA299 packet contains the standard forms used in uncontested divorce cases. Instructions are included. The Darlington County Family Court staff can point you toward the right forms but cannot advise you on your legal options.

Public Records Access in Darlington County

Divorce records in Darlington County are public records under the South Carolina Freedom of Information Act. The relevant statute is S.C. Code Ann. § 30-4-10. Any person may request access to divorce case files. You do not need to be a party to the divorce to view the records. The Clerk of Court must respond to public records requests in a timely manner and provide access to non-restricted files.

The image below shows the SC Courts case search portal, which provides online access to Darlington County divorce case records.

SC Courts portal showing Darlington County case search for divorce records

The online case search at sccourts.org lets you look up basic case information for Darlington County without going to the courthouse.

Some records may be sealed or have portions redacted. A judge may restrict access to financial records or information about minor children. For a complete list of clerks of court in South Carolina, visit sccourts.org.

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Cities in Darlington County

All Darlington County divorce cases are filed at the Darlington County Family Court. There are no separate city-level family courts. Residents from Darlington, Hartsville, and all other communities in the county file and retrieve divorce records at the courthouse at 1 Public Square in Darlington.

Nearby Counties

Darlington County borders several other South Carolina counties. File your divorce in the county where the defendant lives. Check which county applies to your case before you visit the courthouse.

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