Hampton County Divorce Record Search
Hampton County divorce records are held by the Clerk of Court at the Hampton County Courthouse on Jackson Avenue West. This rural Lowcountry county sits in the southwestern coastal portion of South Carolina and is part of the 14th Judicial Circuit. The Clerk's office is the official keeper of all Family Court case files, including the final divorce decree and any supporting documents from the case. All residents of Hampton County file their divorce cases here. The South Carolina Department of Public Health also holds statewide divorce reports from 1962 onward. This page covers how to search, access, and obtain divorce records in Hampton County.
Hampton County Quick Facts
Hampton County Family Court
Hampton County operates within the 14th Judicial Circuit of South Carolina. The Family Court has held exclusive authority over divorce and domestic relations matters in the county since the court division was established statewide in 1976. Before that year, these cases were handled by the Court of Common Pleas. Today, the Family Court processes all divorce filings, child custody matters, support orders, and alimony awards for Hampton County residents. No other court can grant a divorce in this county.
The Clerk of Court is responsible for keeping every case file from the initial petition through the Final Order of Divorce. South Carolina uses form SCCA299 as the official final divorce order. A typical case file includes the complaint, proof of service, financial declarations, any temporary orders, a property settlement agreement if one was reached, and any orders entered after the divorce was finalized. The Clerk's staff are available in person Monday through Friday and can help you locate and copy documents on file. They are not able to provide legal advice.
Visit the official Hampton County Clerk of Court page for current hours, fees, and contact details. The Hampton County website also lists other county offices and services available to residents.
| Court | Hampton County Family Court 201 Jackson Avenue West, Hampton, SC 29924 Phone: (803) 914-2210 |
|---|---|
| Hours | Monday through Friday, 8:30 AM to 5:00 PM |
| Website | hamptoncountysc.org |
The SC Courts Clerks of Court directory provides contact information for every county clerk in South Carolina.
The Hampton County government portal provides access to the Clerk of Court and county services for residents seeking divorce records or court information.
The county website confirms the current location, hours, and phone number for the Clerk of Court where all Hampton County divorce records are maintained.
How to Search Hampton Divorce Records
The South Carolina Judicial Branch offers a free online Public Index at sccourts.org. You can search Hampton County Family Court cases by party name, case number, or date range. The index shows case information and docket entries. It does not include images of the actual documents. For copies of any specific filing, contact the Clerk of Court at the Hampton County Courthouse or visit in person.
In-person searches go fastest when you know the full legal names of both parties as they appeared at the time the divorce was filed and an approximate year. A case number, if you have one, makes the search much quicker. The Clerk's staff can check both the electronic system and the paper archive for older files. As of January 1, 2026, home addresses have been removed from the public index statewide. Party names, case numbers, filing dates, and the substance of court orders remain accessible to the public.
Hampton County is a smaller, rural county. The courthouse staff are generally responsive and can often assist with record requests by phone for straightforward lookups before you make the drive to the county seat.
Filing Fees and Copy Costs in Hampton County
The base fee for filing a divorce petition in Hampton County is approximately $150. This covers opening the case and the initial summons. Additional fees apply for service of process, motions filed during the case, and certified copies of court orders. The Clerk's office can give you the current fee schedule by phone or at the counter. Always confirm the amount before submitting payment since fee schedules can be updated by court order.
Certified copies of the Final Order of Divorce carry a per-page copy fee plus a certification charge. Standard South Carolina Family Court copy rates run a few dollars per page. If you need several certified copies for property transfers, name changes, or legal proceedings in another state, ask the Clerk in advance how many you are likely to need so you can order them all at once. Parties who cannot pay the fees may ask the court for a fee waiver by filing an affidavit of indigency. The court reviews these requests individually and may waive some or all costs for those who qualify.
Filing for Divorce in Hampton County
South Carolina law establishes both the grounds for divorce and the residency requirements that must be met before filing. Under S.C. Code Ann. § 20-3-10, the recognized grounds are adultery, desertion for at least one year, physical cruelty, habitual drunkenness or drug use, and one year of continuous separation. The one-year separation is the no-fault ground and is the most common basis for divorce across the state, including Hampton County.
Residency requirements under § 20-3-30 must be satisfied before filing. If only one spouse lives in South Carolina, that person must have been a resident for at least one year. If both spouses are South Carolina residents when the petition is filed, the requirement drops to three months of residency. Hampton County residents who meet either of these conditions may file their case at the courthouse in Hampton.
Venue is set by § 20-3-60. Cases should be filed in the county where the defendant resides. If the defendant is not a South Carolina resident, the plaintiff may file in the county where they live. After filing, a minimum of two months must pass before the case can be referred to the judge, and the final decree cannot be entered until at least three months after the filing date. The SC Courts forms page provides self-help packet forms for uncontested divorce cases.
What Hampton County Divorce Documents Contain
The contents of a Hampton County divorce case file depend entirely on how the case proceeded. A simple uncontested no-fault divorce with no children and minimal property will produce a small set of documents. A contested case with property disputes, custody questions, or support disagreements will produce a much larger file.
A typical Hampton County divorce file includes the summons and complaint, proof of service, financial declarations from both parties, any temporary orders entered while the case was pending, a property settlement agreement if one was negotiated, the Final Order of Divorce on form SCCA299, and any modification orders entered after the divorce was final. Property division follows the equitable distribution standard at § 20-3-620, which calls for a fair split of marital assets and debts rather than a strict equal division. If alimony under § 20-3-130 was awarded, those terms will also appear in the record.
Sealed documents may exist in some files. If a judge entered a sealing order on certain materials, those portions are not available to the public. The Clerk's office can let you know if a file has sealed items before you make a trip to the courthouse.
Certified Divorce Reports from South Carolina DPH
The South Carolina Department of Public Health maintains statewide divorce reports for the period from July 1962 through December 2023. A DPH divorce report is not the same as the full court file. It is a certified summary document that confirms a divorce took place, identifies the parties, and shows the date. The settlement terms, property division, and custody arrangements are not included in a DPH report.
The DPH divorce reports page gives full instructions for submitting a records request. The fee for a certified DPH divorce report is $12. Requests can also be placed through VitalChek online for an added service charge. For Hampton County divorces before July 1962, the DPH system has no record. The only source for those is the Hampton County Clerk of Court. For apostille certification of a divorce record, the SC Secretary of State handles those requests.
The SC Courts courthouse search provides location and contact details for the Hampton County Family Court, useful when planning an in-person visit for document requests.
Confirm the courthouse address and available services on the SC Courts site before traveling to Hampton to request divorce records in person.
Getting Legal Help in Hampton County
Hampton County is a rural community, and local family law attorneys may be limited. Residents who need legal help with a divorce case have several options. The SC Legal Services organization provides free civil legal assistance to income-qualifying residents across South Carolina, including those in Hampton County. Their attorneys can help with divorce petitions, explain rights under state law, and assist with document preparation.
The SC Bar Lawyer Referral Service at (803) 799-6653 can connect you with a private family law attorney if you prefer to hire outside counsel. Some attorneys in the Beaufort and Colleton County area also serve Hampton County clients. The self-help packet forms at SC Courts are available for parties handling straightforward uncontested divorces without children or complex property. Cases that are disputed or involve children are generally better handled with legal representation.
Public Access to Hampton County Divorce Files
South Carolina's Freedom of Information Act at S.C. Code Ann. § 30-4-10 gives the public the right to access court records. Divorce case files in Hampton County are generally open public records. Any person may request copies from the Clerk without needing to state a reason. The Clerk is required to provide copies for the established fees. However, some documents within a file may be sealed by court order, which makes them unavailable to the public and sometimes to the parties themselves without a court order to unseal.
Home addresses were removed from the statewide public index as of January 1, 2026. This change protects residential address information from routine public searches while leaving names, case numbers, filing dates, and court orders intact. For older records from the 1940s and 1950s, keep in mind that divorce was not legal in South Carolina until April 1949. No Hampton County divorce records exist before that date. The Library of Congress South Carolina vital records guide is a useful reference for genealogical research involving older state records.
The SC DPH vital records portal offers an online path to certified Hampton County divorce reports for cases filed between July 1962 and December 2023.
A DPH certified report and the court's Final Order of Divorce serve different purposes. Know which document you need before placing a request.
Divorce History in South Carolina
South Carolina was the last state in the nation to allow divorce. The prohibition on divorce lasted until April 1949, when the state legislature finally passed a law permitting it. Before that date, residents could not obtain a legal divorce in South Carolina. Those who wanted to end a marriage had to travel to another state or seek an annulment. This makes South Carolina divorce records among the youngest in the country by state law.
The Family Court was established in 1976, replacing the Court of Common Pleas as the venue for domestic relations matters including divorce, custody, and support. The SC Family Court today has exclusive jurisdiction over all divorce cases statewide. Hampton County's Family Court is part of the 14th Judicial Circuit and processes all divorce filings for the county's approximately 20,000 residents from the courthouse in Hampton, the county seat.
Cities in Hampton County
All Hampton County divorce cases are filed at the Hampton County Family Court. There are no branch courthouses. All county residents use the courthouse at 201 Jackson Avenue West in the town of Hampton.
Nearby Counties
Divorce records for residents of counties neighboring Hampton are held by their respective Family Court Clerk of Court offices. Each county maintains its own separate case files.