Fairfield County Divorce Records
Fairfield County divorce records are kept by the Clerk of Court at the Fairfield County Family Court in Winnsboro, South Carolina. These records include divorce decrees, petitions, and all related case filings handled under SC Code Title 20. Anyone who needs to find or request Fairfield County divorce records can search the SC Judicial Branch public index online or visit the courthouse in Winnsboro in person. The Family Court holds exclusive jurisdiction over all domestic relations matters for Fairfield County residents, including divorce, custody, support, and property division.
Fairfield County Quick Facts
Fairfield County Family Court
The Fairfield County Family Court operates within South Carolina's 6th Judicial Circuit. The court holds exclusive jurisdiction over divorce, legal separation, custody, visitation, adoption, child support, alimony, equitable distribution, and name changes. All cases proceed under SC Code Title 20. South Carolina established its Family Court system in 1976, giving these courts statewide authority over domestic matters.
Fairfield County is situated in the north-central part of South Carolina, roughly midway between Columbia and Charlotte. It is a rural county with a modest population. The county seat is Winnsboro, where both the courthouse and the Clerk of Court office are located. All divorce filings for county residents are processed there.
| Court | Fairfield County Family Court 101 South Congress Street, Winnsboro, SC 29180 Phone: (803) 712-6520 |
|---|---|
| Hours | Monday through Friday, 8:30 AM to 5:00 PM |
| Website | fairfieldsc.com |
The image below is from the Fairfield County official website, which provides information on county government services including the Clerk of Court.
This screenshot reflects the county's public-facing web presence for court and records services.
The SC Courts courthouse directory also includes an entry for Fairfield County. The image below is from sccourts.org.
This listing provides official contact and location details for the Fairfield County courthouse as maintained by the SC Judicial Branch.
How to Search Fairfield Divorce Records
The SC Judicial Branch provides a free online case records index at sccourts.org. You can use this tool to search Fairfield County divorce records by party name or case number. The index shows case status, filing dates, and the names of both parties. It does not show the full content of documents, but it tells you whether a case exists and gives you the case number needed to order copies.
A full name for at least one party is the minimum needed for a search. If you have a case number, results are more precise. The online system covers many years of filings, though the oldest records may not be digitized. For those cases, contact the Fairfield County Clerk of Court directly at 101 South Congress Street in Winnsboro.
Visiting in person requires a valid photo ID. Knowing the approximate filing year speeds up the search. The clerk's staff can pull case files and provide copies for a fee. Requests can also be made by mail, though in-person requests are usually faster.
Note: Home addresses were removed from the public court index on January 1, 2026, under updated SC privacy rules for court records.
Filing a Divorce in Fairfield County
South Carolina recognizes both fault and no-fault grounds for divorce under SC Code § 20-3-10. The fault grounds are adultery, one year of desertion, physical cruelty, and habitual drunkenness or drug use. The no-fault ground is one year of continuous separation. Most cases filed in Fairfield County rely on the separation ground.
Residency requirements under § 20-3-30 allow either spouse to file after three months in South Carolina, so long as both live in the state. If only one spouse is a South Carolina resident, that person must have lived here for at least one full year. Fairfield County residents who meet this standard may file at the courthouse in Winnsboro.
Under § 20-3-60, a divorce petition is filed in the county where the defendant lives. If the defendant is not a South Carolina resident, the plaintiff may file in their own county. This means Fairfield County residents who are named as defendants will typically have cases filed here. Venue rules help ensure the case is heard in the most convenient and appropriate location.
Equitable distribution of marital property is governed by § 20-3-620. The court divides assets in a fair way, not necessarily an equal one. The judge weighs factors such as the length of the marriage, each party's financial resources, and how property was acquired. Alimony is addressed under § 20-3-130 and is based on need, the ability to pay, and several other statutory factors.
Note: Under § 20-3-80, no Fairfield County case may be referred to a judge before two months from filing, and no final decree may be issued before three months.
What Fairfield Divorce Records Contain
A Fairfield County divorce case file holds different documents depending on how the case played out. Simple uncontested cases have fewer documents. Disputed cases involving property or custody include more filings and hearings.
Most files include the summons, the complaint for divorce, and the final decree. Cases with children will also include parenting plans, custody worksheets, and child support orders. Cases involving property will have financial declarations and possibly a property settlement agreement or equitable distribution order. Alimony disputes add additional motions and affidavits.
- Summons and complaint for divorce
- Defendant's answer or notice of default
- Financial declarations
- Parenting plans and custody worksheets
- Child support orders
- Property settlement agreement or distribution order
- Final divorce decree on form SCCA299
The SCCA299 form is the official South Carolina divorce decree. Certified copies are issued by the Clerk of Court and are commonly needed for name changes, remarriage, and property transactions. Plain copies are also available at a lower cost.
Note: Records involving minors and any files sealed by a court order are not open to the public without a separate court-authorized order.
Divorce Certificates from South Carolina DPH
South Carolina's Division of Public Health maintains a set of divorce reports that are separate from the court records. These DPH records cover divorces that occurred between July 1962 and December 2023. A DPH report is not the same as the court-issued decree. It is a summary vital record created for statistical and identification purposes.
Certified DPH reports cost $12 per copy. You can order directly through the DPH vital records portal or place an order through VitalChek. For divorces after December 2023, or when the actual court decree is needed, contact the Fairfield County Clerk of Court in Winnsboro.
For apostille certification of vital records needed for use abroad, the SC Secretary of State's office handles those requests at sos.sc.gov.
Fees for Fairfield County Divorce Records
Opening a divorce case in Fairfield County costs approximately $150 in filing fees paid to the Clerk of Court. This covers the initial case filing. Additional fees apply for specific filings made during the case, including service of process and motions. All fees are set by South Carolina court rules and are subject to change.
Copies of divorce documents are charged per page. Certified copies carry a higher rate than plain copies. The clerk's office can tell you current rates by phone or in person during business hours. If you cannot afford filing fees, you may apply for a fee waiver. Forms for the waiver are available from the clerk's office or at sccourts.org/court-forms.
The SC Judicial Branch also lists the clerks of court for every county at sccourts.org, which is helpful when verifying contact details for Fairfield County.
Public Records Access in Fairfield County
South Carolina's Freedom of Information Act at SC Code § 30-4-10 establishes the public's right to inspect and copy government records. Fairfield County divorce records are public unless they have been sealed by a judge. Most petitions, orders, and final decrees can be requested by any member of the public. No reason needs to be given when requesting public records, but the request must identify the document with enough detail for the clerk's office to locate it.
Requests to the Fairfield County Clerk of Court are processed during regular business hours at 101 South Congress Street in Winnsboro. Older case files may be stored off-site and could take extra time to pull. Researchers looking at historical records should plan for possible retrieval delays and may want to call ahead.
Divorce was not legal in South Carolina until April 1949. No divorce records from Fairfield County or any other county in the state exist before that date.
Legal Help for Fairfield County Residents
Divorce can be complex, especially when property, debt, or children are involved. The SC Family Court website provides general information on how Family Courts operate, but court staff cannot advise you on legal rights or strategy. If you need legal guidance, outside resources are available.
Free and low-cost help is available through SC Legal Services for residents who meet income eligibility requirements. The South Carolina Bar's lawyer referral service can be reached at (803) 799-6653. Self-represented parties can find standard court forms, including divorce petitions and financial declaration worksheets, at sccourts.org/court-forms.
For genealogy researchers, the Library of Congress maintains a guide on South Carolina vital records research at guides.loc.gov, which covers historical sources and strategies for locating older records.
Cities in Fairfield County
All Fairfield County divorce cases are filed at the Fairfield County Family Court in Winnsboro. There are no separate municipal divorce courts in the county. Whether a resident lives in Winnsboro or in any other part of Fairfield County, their case will be on file at the courthouse on South Congress Street.
Nearby Counties
If a divorce was filed in a neighboring county, those records are held by that county's Clerk of Court. The links below lead to divorce records pages for counties that border or are near Fairfield County.