Yes, divorce records are public in South Carolina. Under S.C. Code § 30-4-20 and Article I, Section 9 of the state constitution, Family Court case records — filings, motions, orders, and settlement agreements — are open to any member of the public. Divorce decrees and certified reports, however, are restricted to named parties, spouses, adult children, and legal representatives.
Key Facts: South Carolina Divorce at a Glance
| Fact | South Carolina Detail |
|---|---|
| Filing Fee | $150 (some counties up to $300) — S.C. Code § 8-21-310 |
| Waiting Period | 90-day mandatory period before final hearing — S.C. Code § 20-3-80 |
| Residency Requirement | 3 months (both spouses in SC) or 1 year (one spouse) — S.C. Code § 20-3-30 |
| Grounds | 4 fault + 1 no-fault (1-year separation) — S.C. Code § 20-3-10 |
| Property Division Type | Equitable distribution — S.C. Code § 20-3-620 |
| Certified Record Fee | $12 standard / $17 expedited (DPH Vital Records) |
| Public Records Statute | S.C. Freedom of Information Act — S.C. Code § 30-4-30 |
Are Divorce Records Public in South Carolina?
Yes, divorce records are public in South Carolina. Under S.C. Code § 30-4-20, the state's Freedom of Information Act defines public records as all documentary materials retained by a public body. Family Court divorce case files qualify, meaning any member of the public may inspect court filings, motions, pleadings, and final orders during standard business hours or through official online portals.
The question "are divorce records public South Carolina" turns on the constitutional requirement that all courts operate openly. Article I, Section 9 of the South Carolina Constitution mandates that every court in the state be public. The uniform statewide Family Court system, established by statute in 1976, holds exclusive jurisdiction over divorce, alimony, custody, and marital property division. Because these proceedings occur in a public forum, the resulting case documents default to public status. South Carolina maintains no central statewide divorce database, so a public divorce filings search generally requires querying the specific county Clerk of Court where the case originated or using the statewide Case Records Search system.
A critical distinction governs access. Divorce case records — the docket, pleadings, and orders — are broadly public. Divorce decrees and certified divorce reports carry tighter restrictions and are issued only to named parties, present or former spouses, adult children of the parties, and legal representatives. This two-tier structure shapes every divorce records search in the state.
What Divorce Information Is Available to the Public?
The public portions of a South Carolina divorce file include the docket, the Summons and Complaint for Divorce, responsive pleadings, motions, hearing dates, court orders, the final divorce decree entry, and any recorded settlement agreement. Under S.C. Code § 30-4-30, these documents are inspectable and copyable by any interested party unless a specific exemption or sealing order applies.
A member of the public conducting a divorce records search can typically confirm that a divorce occurred, identify the filing county, learn the case number, review the grounds alleged, and see procedural milestones such as hearing dates and the date the decree was entered. Settlement agreements and property division orders — governed by S.C. Code § 20-3-620 — frequently appear in the public file, which is why public divorce filings often reveal significant financial detail. To identify a record, custodians generally require the party's full name, the case type, and, where possible, the case number. Records involving children are the primary exception; custody orders, evaluations, and parenting agreements are confidential and restricted to the parents and their legal representatives. Courts routinely redact or seal child-related material to protect minors' privacy, so a public searcher will see the divorce exists but not the custody specifics.
How to Search South Carolina Divorce Records Online
South Carolina offers two primary online tools for a divorce records search: the Family Court Public Portal (FCCMS) and the South Carolina Judicial Branch Case Records Search at sccourts.org. Both are free to search, require a JavaScript-enabled browser, and return case-level data — parties, filings, and hearing times — for non-confidential cases across the state's 46 counties.
The Family Court Case Management System (FCCMS) Public Portal lets you view case information for any non-confidential family court matter filed in South Carolina, along with public family court dockets organized by county. Confidential cases — including those sealed by court order or involving protected child matters — do not appear in portal results, preserving the confidentiality mandated for those files. For a broader public divorce filings search, the Judicial Branch Case Records Search system indexes cases statewide; some browsers require enabling a pop-up exception to view full case detail. Neither online tool typically provides the full text of the decree or sensitive attachments; they function as an index confirming a case's existence and status. To obtain actual copies of documents, a searcher must contact the county Clerk of Court where the case was filed, since the clerk is the official record custodian. Third-party divorce records search websites also aggregate publicly available data, but because they are not government-operated, availability and accuracy vary, and they should be treated as a starting point rather than an authoritative source.
How to Get a Certified Copy of a Divorce Record
Certified divorce records in South Carolina come from two sources depending on the divorce date. The South Carolina Department of Public Health (DPH) issues certified Reports of Divorce for divorces decreed between July 1962 and December 2023, charging a $12 standard fee (4-week turnaround) or a $17 expedited fee (5 business days or less). Divorces finalized after December 2023 must be obtained from the county Family Court Clerk.
DPH Vital Records restricts certified copies to a defined group: a party named on the record, a present or former spouse of either named party, an adult child of the named parties, or a legal representative of either party. Requestors outside these categories may receive only a statement confirming the divorce rather than a certified copy. Payment at DPH must be exact cash, money order, or cashier's check payable to S.C. DPH, and the requestor must present a valid government, school, or employer-issued photo ID. The search fee is non-refundable even if no record is located, and it includes one certified copy of the divorce report. Importantly, DPH does not hold the divorce decree itself — the decree is the court's final judgment and is filed only with the Clerk of Court in the county where the divorce occurred. Anyone needing a certified copy of the actual decree, rather than the vital-records report, must therefore contact that county clerk directly. As of January 2026, these fees apply; verify current amounts with your local clerk or DPH before submitting a request.
Can You Seal or Keep Divorce Records Private in South Carolina?
Yes, you can request to seal divorce records in South Carolina, but sealing is discretionary and rare. Under South Carolina Rule of Civil Procedure 41-1 — not the Title 20 grounds statutes — a party must file a formal Motion to Seal with the Family Court that handled the case, stating specifically which portions to seal and why less drastic alternatives will not protect the private interest at stake.
Rule 41-1 places the burden squarely on the moving party to satisfy the court that the balance of public and private interests favors sealing. The motion must explain why alternatives to sealing are unavailable and why the public interest, including public health and safety, is best served by restricting access. In family court matters, the judge applies additional considerations: whether the documents expose private financial matters that could adversely affect the parties, and whether they relate to sensitive custody issues requiring the court to balance the special interests of any children involved. Courts commonly grant sealing to protect domestic violence victims, safeguard confidential financial or proprietary business information, shield minors named in abuse or neglect allegations, or restrict highly inflammatory accusations. Sealing may be partial — often only the sensitive portions are sealed while the remainder stays public. A key limitation on divorce records privacy: sealing does not retroactively recover copies already distributed. It only prevents future public inspection through the clerk. This is why record sealing works best when pursued before or during litigation rather than years afterward.
Grounds and Process That Shape the Public Record
The grounds you choose directly affect what appears in your public divorce filings. South Carolina recognizes one no-fault ground and four fault grounds under S.C. Code § 20-3-10: the no-fault ground of one year's continuous separation, plus adultery, physical cruelty, habitual drunkenness (including narcotics), and desertion for one year. Fault-based filings expose more sensitive allegations in the public record than no-fault filings.
Because fault grounds require the filing spouse to plead and prove specific misconduct — adultery, cruelty, drunkenness, or desertion — those allegations enter the public court file and become part of a searchable divorce record. No-fault divorces based on one year of separation typically generate a leaner, less sensitive public record. The South Carolina Supreme Court has held that separate bedrooms within the same home do not satisfy the separation requirement; the spouses must maintain completely separate residences for the full continuous year, and any reconciliation resets the clock. The mandatory 90-day waiting period under S.C. Code § 20-3-80 applies before a final hearing and cannot be waived, meaning the public record reflects a case that remains open for at least three months. Property division under S.C. Code § 20-3-620 follows equitable distribution principles, and the resulting order — often detailing assets, debts, and support — becomes part of the public file unless sealed.
Filing Costs and Fee Waivers
The standard filing fee for a divorce in South Carolina is $150, paid to the Clerk of Court when submitting the Summons and Complaint under S.C. Code § 8-21-310. Some counties set schedules ranging up to $300, so the exact amount varies by county. Residents below 125% of the federal poverty guideline may file Form SCCA/400 to proceed without paying.
The $150 base filing fee covers the initiation of the divorce action across most of South Carolina's 46 counties, though individual counties may impose additional local charges. As of January 2026, verify the precise figure with your local clerk, because counties adjust schedules independently. For residents who cannot afford the fee, Form SCCA/400 — the Motion and Affidavit to Proceed In Forma Pauperis — allows a court to waive costs when household income falls below 125% of federal poverty guidelines, which in 2026 is roughly $19,500 for an individual or $40,000 for a family of four. Beyond the filing fee, certified copy costs at DPH run $12 standard or $17 expedited. The complete public record of a divorce — including the fee paid and any waiver granted — is part of the accessible case file. As of January 2026, these amounts apply; verify with your local clerk before filing.