Berkeley County Divorce Records
What Are Berkeley County Divorce Records?
Berkeley County divorce records are official legal documents maintained by the South Carolina court system that document the dissolution of marriages within the county's jurisdiction. These records are created and maintained pursuant to South Carolina Code § 20-3-10, which governs divorce proceedings in the state. Divorce records serve as the authoritative documentation of a marriage's legal termination and typically include court filings, judgments, and decrees.
The Family Court of Berkeley County, operating within South Carolina's Ninth Judicial Circuit, processes and maintains these records as part of its official duties. Divorce records in Berkeley County generally consist of:
- Petitions for divorce filed by one or both parties
- Summons and responses from the respondent
- Financial declarations from both parties
- Child custody and support arrangements (when applicable)
- Property division agreements
- Final divorce decree or judgment
These records serve multiple important purposes, including:
- Providing legal proof of marital status change
- Enabling individuals to legally remarry
- Supporting name change processes
- Documenting eligibility for Social Security benefits
- Verifying status for loan applications
- Establishing marital status for immigration matters
- Facilitating estate planning and inheritance matters
The South Carolina Judicial Branch maintains oversight of divorce proceedings and records throughout the state, including those in Berkeley County.
Are Berkeley County Divorce Records Public?
Berkeley County divorce records have a dual status regarding public accessibility. Court divorce case files are generally considered public records under the South Carolina Freedom of Information Act § 30-4-10, but with significant exceptions and limitations. Certified divorce certificates have more restricted access.
Court divorce case files in Berkeley County are typically accessible to the public with these important considerations:
- Basic case information (parties' names, case numbers, filing dates) is generally public
- Financial information, Social Security numbers, and other sensitive personal identifiers are often redacted
- Records containing information about minor children may have restricted access
- Cases sealed by judicial order are not publicly accessible
- Documents filed under protective orders remain confidential
Certified divorce certificates, which provide official verification of a divorce, have more limited accessibility. According to South Carolina Code § 44-63-140, these certificates are available only to:
- The individuals named in the divorce record
- Their immediate family members
- Their legal representatives
- Parties with a direct and tangible interest in the record
The South Carolina Department of Health and Environmental Control (DHEC) Vital Records office maintains certified divorce records and enforces these access restrictions to protect privacy while balancing the public's right to information.
Berkeley County Family Court
300 California Avenue
Moncks Corner, SC 29461
843-719-4400
Berkeley County Family Court
How To Find a Divorce Record In Berkeley County in 2026
Members of the public seeking divorce records in Berkeley County may utilize several methods to locate these documents. The appropriate approach depends on the type of record needed and the requester's relationship to the case.
For court divorce case files:
- Visit the Berkeley County Family Court Clerk's office in person during regular business hours (Monday-Friday, 8:30 AM - 5:00 PM)
- Provide the clerk with relevant case information, including:
- Names of both parties in the divorce
- Approximate date of divorce filing or finalization
- Case number (if known)
- Complete any required request forms and pay applicable search and copy fees
- Present valid photo identification
For certified divorce certificates:
- Submit a request to the South Carolina Department of Health and Environmental Control (DHEC) Vital Records office
- Complete the official vital records application form
- Provide proof of identity and documentation establishing eligibility to receive the record
- Submit the required fee ($12 for the first copy, $3 for each additional copy)
- Allow 2-4 weeks for processing if requesting by mail
Requests may be submitted to DHEC Vital Records by:
- Mail (include application, identification, and payment)
- In-person at the DHEC Vital Records office
- Through VitalChek, an authorized third-party service (additional fees apply)
South Carolina DHEC Vital Records
2600 Bull Street
Columbia, SC 29201
803-898-3630
SC DHEC Vital Records
How To Look Up Divorce Records in Berkeley County Online?
Berkeley County residents and other authorized individuals may access certain divorce record information through online platforms, though complete records typically require in-person requests. The following online resources are currently available:
The South Carolina Judicial Department Public Index provides limited case information for divorces filed in Berkeley County:
- Navigate to the South Carolina Judicial Department Public Index
- Select "Berkeley" from the county dropdown menu
- Choose "Family Court" as the court type
- Enter search criteria (name, case number, or filing date range)
- Review the basic case information displayed (parties' names, case type, filing date, case status)
Important limitations of the online index include:
- Only basic case information is displayed
- Actual court documents are not available for download
- Cases filed before the system's implementation may not appear
- Sealed or confidential cases are excluded from public view
For certified divorce certificates, the South Carolina Department of Health and Environmental Control (DHEC) offers an online ordering system:
- Visit the DHEC Vital Records ordering page
- Select "Divorce Certificate" as the record type
- Complete the required information and eligibility verification
- Pay the required fees ($12 for first copy, $3 for each additional copy)
- Submit proof of identity as required
Third-party services like VitalChek also facilitate online ordering of certified divorce certificates, though additional convenience fees apply.
How To Find Divorce Records for Free In Berkeley County?
Berkeley County residents seeking divorce records without incurring fees have limited but viable options. While most official copies involve statutory fees, the following methods may provide basic information at no cost:
The South Carolina Judicial Department Public Index offers free online access to basic divorce case information:
- Visit the South Carolina Judicial Department Public Index
- Select "Berkeley County" and "Family Court"
- Enter the parties' names or case number
- View basic case information including filing date, case type, and status
This resource provides:
- Confirmation that a divorce case exists
- Names of parties involved
- Case number for reference in further inquiries
- Current status of the case
- Names of attorneys representing the parties
In-person inspection of non-confidential divorce case files is available at no charge at the Berkeley County Family Court Clerk's office:
- Visit during regular business hours (Monday-Friday, 8:30 AM - 5:00 PM)
- Complete a records request form
- Present valid identification
- Review available records on-site
While inspection is free, copying fees apply if printed documents are needed ($0.25 per page for standard copies).
Berkeley County Family Court
300 California Avenue
Moncks Corner, SC 29461
843-719-4400
Berkeley County Family Court
Public law libraries, including the Charleston County Law Library, may provide access to divorce records for research purposes at no cost, though these facilities typically do not provide certified copies.
What's Included in a Divorce Records In Berkeley County
Berkeley County divorce records comprise comprehensive documentation of the entire divorce proceeding. These records contain multiple document types that collectively detail the dissolution of marriage from initiation through final judgment.
Court divorce case files typically include:
- Summons and Petition for Divorce - The initial filing that states grounds for divorce and requested relief
- Financial Declarations - Sworn statements detailing each party's assets, debts, income, and expenses
- Property Settlement Agreements - Documents outlining the division of marital property and debts
- Child Custody and Support Orders - Determinations regarding parental responsibilities and financial support
- Temporary Orders - Court directives governing conduct and arrangements during the pendency of the case
- Affidavits and Witness Statements - Sworn testimony supporting claims made by either party
- Court Transcripts - Official records of hearings and trial proceedings
- Final Decree of Divorce - The judge's final order terminating the marriage and resolving all issues
Certified divorce certificates, issued by the South Carolina Department of Health and Environmental Control, contain more limited information:
- Full names of both parties
- Date and location of divorce finalization
- Case number assigned by the court
- County where the divorce was granted
- Official state certification
Pursuant to South Carolina Code § 20-3-235, certain sensitive information may be redacted from publicly accessible divorce records, including:
- Social Security numbers
- Financial account numbers
- Names and identifying information of minor children
- Certain medical and health information
- Victims' information in cases involving domestic violence
How To Get Proof of Divorce In Berkeley County?
Individuals requiring official proof of divorce in Berkeley County have several options for obtaining this documentation. The appropriate method depends on the level of verification needed and the intended use of the proof.
For certified divorce certificates (most commonly accepted proof):
- Submit a request to the South Carolina Department of Health and Environmental Control (DHEC) Vital Records office
- Complete the official vital records application
- Provide required identification and documentation of eligibility
- Include payment of $12 for the first copy and $3 for each additional copy
- Submit by mail, in person, or through VitalChek (additional fees apply)
For certified copies of divorce decrees:
- Visit or contact the Berkeley County Family Court Clerk's office
- Provide the case number, names of parties, and approximate date of divorce
- Complete the records request form
- Pay the required certification fee ($5 per document plus copying fees)
- Present valid identification
For apostille certification (for international use):
- First obtain a certified copy of the divorce decree from Berkeley County Family Court
- Submit the certified copy to the South Carolina Secretary of State's office
- Complete the apostille request form
- Pay the required fee ($10 per document)
- Allow processing time as specified by the Secretary of State
South Carolina Secretary of State
1205 Pendleton Street, Suite 525
Columbia, SC 29201
803-734-2170
SC Secretary of State
Standard processing times for certified divorce certificates through DHEC are typically 2-4 weeks for mail requests. Expedited service is available through VitalChek for an additional fee.
Can a Divorce Be Confidential In Berkeley County?
Divorce proceedings in Berkeley County may be subject to confidentiality measures under specific circumstances, though complete confidentiality is rare. South Carolina law provides several mechanisms for protecting sensitive information while maintaining the generally public nature of court proceedings.
Pursuant to South Carolina Rules of Family Court 41.2, the following confidentiality protections may apply:
- Sealing of Records - A judge may order entire case files sealed upon showing of good cause
- Redaction of Sensitive Information - Personal identifiers and financial information are routinely redacted
- In Camera Proceedings - Certain hearings may be conducted privately in the judge's chambers
- Use of Pseudonyms - In exceptional cases, parties may be permitted to use initials or pseudonyms
- Protective Orders - Specific documents may be filed under seal pursuant to court order
Circumstances that may warrant confidentiality include:
- Cases involving domestic violence or abuse
- Matters affecting the welfare of minor children
- Situations involving sensitive medical or mental health information
- Cases where public disclosure would create risk of harm
- Proceedings containing trade secrets or confidential business information
To request confidentiality measures:
- File a motion with the Berkeley County Family Court
- Clearly state the specific information to be protected and legal basis
- Demonstrate compelling reasons that outweigh the public interest in access
- Obtain a court order specifying the scope of confidentiality
Even when confidentiality measures are granted, basic case information (parties' names, case numbers, general case type) typically remains publicly accessible through the court index unless specifically ordered otherwise by the presiding judge.
How Long Does a Divorce Take In Berkeley County?
The duration of divorce proceedings in Berkeley County varies significantly based on multiple factors, including case complexity, level of agreement between parties, and court caseload. South Carolina law establishes certain minimum timeframes, but the actual process often extends beyond these statutory minimums.
For uncontested divorces (where parties agree on all issues):
- Minimum waiting period: 90 days from filing to finalization
- Typical timeframe: 3-6 months
- Required separation period: 1 year for no-fault divorces based on separation
For contested divorces (where parties disagree on one or more issues):
- Typical timeframe: 8-18 months
- Complex cases involving significant assets or custody disputes: 1-2+ years
- Cases requiring trial: Additional 3-6 months for scheduling and preparation
Factors that influence divorce timeline in Berkeley County:
- Grounds for divorce (fault vs. no-fault)
- Complexity of asset division
- Presence of minor children and custody arrangements
- Court congestion and scheduling availability
- Attorney availability and preparation time
- Discovery process duration
- Settlement negotiations
- Mediation or alternative dispute resolution participation
According to the South Carolina Judicial Department's Statistical Summary, the average time from filing to disposition for family court cases in the Ninth Judicial Circuit (which includes Berkeley County) is approximately 271 days, though individual case timelines vary substantially.
Expedited procedures may be available for:
- Cases involving domestic violence
- Matters with time-sensitive military deployments
- Situations with emergency child welfare concerns
How Long Does Berkeley County Keep Divorce Records?
Berkeley County maintains divorce records according to South Carolina's records retention schedules, which establish different preservation periods based on record type and historical significance. These retention policies ensure appropriate access while managing storage resources.
Court divorce case files in Berkeley County are subject to the following retention periods:
- Complete case files: Permanent retention for all divorce cases filed after 1950
- Case indices and dockets: Permanent retention
- Exhibits and evidence: Returned to parties or destroyed after appeal period expires
- Audio/video recordings of proceedings: 10 years from case disposition
Certified divorce certificates maintained by the South Carolina Department of Health and Environmental Control are permanently retained pursuant to South Carolina Code § 44-63-90. These vital records are preserved indefinitely as part of the state's official documentation.
For historical divorce records (pre-1950):
- Original documents may be transferred to the South Carolina Department of Archives and History
- Microfilm or digital preservation copies are maintained by the court
- Indices remain available for research purposes
The South Carolina Department of Archives and History serves as the repository for many historical court records, including divorce proceedings of historical or genealogical significance.
Records that have exceeded their retention period but have not been designated for permanent preservation may be destroyed according to established procedures, though basic case information typically remains in court indices indefinitely.
How To Get a Divorce In Berkeley County
Individuals seeking to dissolve a marriage in Berkeley County must follow South Carolina's established legal procedures. The process involves multiple steps and varies depending on whether the divorce is contested or uncontested.
To initiate a divorce in Berkeley County:
-
Establish residency requirements:
- Either spouse must have been a South Carolina resident for at least one year
- If both spouses reside in South Carolina, the residency requirement is reduced to three months
-
Determine grounds for divorce under South Carolina Code § 20-3-10:
- No-fault ground: Living separate and apart for one year
- Fault-based grounds: Adultery, habitual drunkenness/drug use, physical cruelty, or desertion
-
Prepare and file initial documents with Berkeley County Family Court:
- Summons and Complaint for Divorce
- Financial Declaration Form
- Certificate of Exemption (if applicable)
- Filing fee payment ($150, with potential fee waivers available for financial hardship)
-
Serve documents on the spouse according to South Carolina Rules of Civil Procedure:
- Personal service by sheriff or process server
- Certified mail with restricted delivery and return receipt
- Publication (if spouse cannot be located)
- Acceptance of service (if spouse agrees)
-
Wait for response period (30 days) and proceed accordingly:
- If uncontested: Schedule final hearing after response period
- If contested: Participate in temporary hearing, discovery, mediation, and potentially trial
Berkeley County Family Court
300 California Avenue
Moncks Corner, SC 29461
843-719-4400
Berkeley County Family Court
Self-represented litigants may access forms and guidance through the South Carolina Judicial Department Self-Help Resources. Low-income individuals may qualify for assistance through South Carolina Legal Services.
How To Get Divorce Papers In Berkeley County
Berkeley County residents seeking divorce papers have several options for obtaining the necessary documentation to initiate or respond to divorce proceedings. The appropriate method depends on individual circumstances and comfort with legal procedures.
To obtain divorce papers in Berkeley County:
-
Download forms from the South Carolina Judicial Department website:
- Visit the South Carolina Judicial Department Self-Help Resources
- Select the appropriate divorce packet based on circumstances (with/without children, contested/uncontested)
- Print all required forms included in the packet
-
Request forms in person from the Berkeley County Family Court:
- Visit the clerk's office during regular business hours
- Specify the type of divorce being pursued
- Pay nominal copying fees if applicable
-
Obtain forms through legal assistance programs:
- Contact South Carolina Legal Services for low-income qualification
- Attend free legal clinics periodically offered in Berkeley County
- Utilize the South Carolina Bar's Find a Lawyer service
-
Consult with a private attorney:
- Many attorneys provide initial consultations at reduced rates
- Attorney will prepare and file all necessary documentation
- Full representation ensures proper completion and filing
Standard divorce papers required in Berkeley County include:
- Summons (Family Court)
- Complaint for Divorce
- Financial Declaration Form
- Certificate of Exemption (if applicable)
- Service documents
- Settlement Agreement (for uncontested divorces)
- Final Decree of Divorce (prepared for judge's signature)
Berkeley County Family Court
300 California Avenue
Moncks Corner, SC 29461
843-719-4400
Berkeley County Family Court
Individuals should ensure all forms are current versions, as court requirements and form versions change periodically. The Berkeley County Family Court clerk's office can verify current form requirements but cannot provide legal advice regarding form completion.