What are South Carolina Divorce Records

South Carolina divorce records are documents, files, and any form of media that are recorded, gathered, or issued by public bodies concerning divorces that occur in the state. In South Carolina, there are 7.5 divorces per 1,000 women over 15 years of age. Two primary ways to end a marriage in South Carolina are annulment or divorce.

An annulment differs from a divorce because it nullifies a marriage and can only be granted under unique conditions like bigamy, duress, incest, underage marriage, and other grounds. On the other hand, a divorce terminates a marriage but still recognizes that it happened.

It should be noted that legal separation is not technically recognized in South Carolina. Still, an alternative to this is obtaining an Order of Separation and Maintenance or Marital Separation Agreement. Moreover, before a person can file for a divorce in South Carolina, one party must have resided in the state for at least one year, or both parties must have lived for at least three months.

According to the state code of laws, there are five grounds for obtaining a divorce in South Carolina, four of which are at-fault and one for obtaining a no-fault divorce:

• Adultery
• Desertion for at least one year
• Habitual drunkenness or substance abuse; and
• Physical cruelty
• No-fault with uninterrupted separation for at least one year

A divorce is finalized when the judge signs the Final Order of Divorce and the order is filed with the court clerk.

Note: A divorce can be “simple” when it is uncontested and takes a short time to finalize, while a complex or contested divorce generally takes longer and may even last over a year.

How are Divorce Records Generated in South Carolina?

Like vital or court records, divorce records are information and documents prepared, gathered, or retained by public institutions concerning divorces under their jurisdiction. The information in these records is generated throughout the divorce process, from when a complaint or petition was filed to when it was finalized.

In South Carolina, these are done by both the clerks of the probate and family court where the divorce took place and the Office of Vital Records, SC Department of Health and Environmental Control. Depending on the date of the divorce, the type of records, and whether the individuals meet the requirements, certified and uncertified copies of divorce records can be obtained from these custodians.

The information contained in a divorce record may include:

• Names of both parties (suffix, first, last, middle)
• Date of birth
• Place of birth
• Number of marriages
• Residence of both parties
• Place of marriage
• Date of marriage
• Type of decree (divorce or annulment)

Information like social security number, race, gender, and grounds of marriage may also be included. Still, it will be confidential and can only be accessed by the parties involved in the divorce and other eligible people.

Note: The Office of Vital Records only has records of divorces between July 1962 and December 2016. More recent documents can be obtained from the court clerks in the county where the divorce was finalized.

Are Divorce Records Public in South Carolina?

Yes, most parts of divorce records in South Carolina are open to the public, as prescribed in the state’s Freedom of Information Act. This includes most information gathered during the divorce process, except for details like social security number, declaration of assets, investigative records, medical certificates or records, and others.

However, certified copies of records, confidential sections, or sealed records can only be obtained by the parties mentioned in the record, close relations, and other authorized personnel.

What are the types of Divorce Records available in South Carolina?

Divorce records in South Carolina may come in three forms: Divorce reports, divorce decrees, and divorce case files. These records may be needed for different purposes, such as name change, challenging a court decision, changing account details, or for informational purposes. Each type of record varies based on the kind of details contained and the designated custodian. They are:

Divorce certificate: This is also known as a divorce report. It is a document that contains basic details surrounding a divorce, like the names and residence of the parties, the location of the marriage, the location of the divorce, the date of the marriage and divorce, and so on. A certified copy of this type of record can be used as proof of divorce and for other official purposes. Copies can be obtained from the county court where the divorce was processed and finalized or from the office of vital records for divorces between July 1962 and December 2016.

Divorce decree: Unlike certificates, copies of a divorce decree can only be obtained from the court clerk of the county court where the divorce happened. They contain the court order that grants a divorce as well as the rights and responsibilities of parties involved, such as alimony, child support, custody and visitation rights, division of property, and other settlements or agreements approved by the judge.

Divorce case records: Like other court records, divorce case records are open to the public. This includes the divorce petition, transcripts of proceedings (pleadings, evidence, and motions), final decree, and any other court action taken concerning a divorce. Like decrees, they can be obtained from the county court, but like court records, they can also be sealed under certain circumstances.

How Do I Get Divorce Records in South Carolina?

Obtaining a divorce record from records custodians and counties may involve different processes, but they usually involve the following steps:

Step 1: Determine the type of divorce record required

Before making requests, interested persons who wish to obtain divorce records in South Carolina need to determine the type of records they want to obtain, i.e., certificates, decrees, or case records. The most common type of divorce record is a divorce certificate, but it all depends on what the individuals want to use the record for and what information should be contained within.

Step 2: Determine the custodian of the divorce records

Only two major public bodies in South Carolina can issue a divorce record: the family court and the Office of Vital Records. Determining the custodian depends on the date of the divorce and the type of divorce record required. The Office of Vital Records only has divorce reports or certificates from July 1962 to December 2016. More recent reports, certificates, and other types of divorce records can be obtained from the court clerk in the family court where the divorce occurred.

If individuals are not sure of where records are kept, the following information might help them streamline the search:

• Names of the spouses (suffixes, first, middle, and last names)
• The date of the divorce (as narrow as possible)
• The location of the divorce (county, city, or residence)

With these details, individuals can conduct searches with custodians in the areas where the divorce was limited.

Step 3: Determine record accessibility and availability:

Determining if a record is accessible entails confirming if it is sealed or if some important parts of the record will be confidential or edited from the copy provided. Generally, sealed or confidential records that the public cannot view still exist and can still be accessed by the individuals who got divorced, direct descendants, close relatives, and legal representatives.

On the other hand, determining a record’s availability involves the available means of getting the records, such as online, in-person, through mail, or otherwise. The individual should also choose the means that provide the best benefits or quality experience.

Note: Court and law enforcement personnel can also obtain records, in due process of the law

Step 4: Contact the Custodian

Custodians can be contacted in person, online, via mail, or by phone. Research requests or requests to obtain copies of a divorce record may involve the following:

• Oral request
• Filing and submitting forms via mail or online
• Presenting an original or a photocopy of a valid identification
• Wait for the response
• Paying fees
• Obtain records

Note: Custodians can charge fees in advance

Who Can Obtain Divorce Records in South Carolina?

In agreement with South Carolina’s Freedom of Information Act, anyone can view, inspect, or obtain copies of a divorce record. However, sealed records, certified copies, and confidential information can only be viewed by the following people:

• The individuals mentioned in the records
• The direct descendants or close relatives of these individuals
• Legal representatives of eligible individuals
• Enforcement agencies
• Court personnel

Are South Carolina Divorce Records Available Online?

There is no central database for divorce records provided by public bodies in South Carolina. However, searches for divorce records can be done on court websites, and search requests can be made by the office of vital records for a fee. Lastly, searches can also be made by third-party websites.

Note: Information obtained through these channels may not be complete, and accuracy may not be guaranteed.

How Do I Seal My Divorce Records in South Carolina?

The process for sealing records in South Carolina may involve the following:

• Determine if the divorce is eligible for sealing or portions that need to be sealed
• Gather reasons why disclosure of the record will be harmful to the parties or in the best interest of the public
• File a motion for sealing at the family court where the divorce was heard
• Present the case in court
• Get the judge’s decision