Marion County Divorce Records
How To Find a Divorce Record In Marion County in 2026
MarionSCRecords.us provides access to publicly available information related to divorce records in Marion County, South Carolina. Members of the public may find case summaries, final decrees, docket entries, party names, and related family court filings. Available record categories may include dissolution of marriage petitions, final judgments, property settlement agreements, child custody orders, and support determinations. Access and completeness of records vary depending on the case date, filing method, and any court-ordered restrictions.
Records may be searched through official resources, clerk offices, public access terminals, and online tools. The following methods are available to members of the public seeking Marion County divorce records.
Online Searches
1. Clerk of Court Case Search
The Marion County Clerk of Court maintains family court case records accessible through the courthouse. Basic case information is available at no charge, while certified copies and document requests are subject to standard fees.
2. State Court System Portal
The South Carolina Judicial Department Public Index provides a statewide portal for searching court case information across jurisdictions. As noted on the portal, "nothing contained within this web site is an official record of the County or the elected officials responsible therefore. All official records of the County are maintained in the offices of the elected officials." Members of the public should treat portal results as preliminary and confirm details with the Clerk of Court.
3. State Vital Records
The South Carolina Department of Public Health Vital Records office maintains certified copies of the Report of Divorce for divorces finalized in South Carolina. Mail requests must be addressed specifically to Vital Records. Fees apply for certified copies.
In-Person Searches
Clerk of Court — Marion County Family Court Division:
Marion County Clerk of Court
100 E. Court Street
Marion, SC 29571
Phone: (843) 423-8230
Marion County Courthouse
- Hours: Monday–Friday, 8:30 a.m. – 5:00 p.m.
- Services available in person:
- Search case files by party name or case number
- View filed documents at public access terminals
- Request certified copies of final decrees and orders
- Staff assistance for locating records
The Marion County Courthouse has served as the repository for county court records for generations. The current courthouse structure replaced earlier buildings, including one constructed in 1823 on the site of the original Records building.
Records Department:
Historical and archived divorce cases may be stored separately from active files. Members of the public seeking records from older proceedings should notify staff at the time of the request to allow for retrieval from archive storage.
By Mail
Written Request:
- Mail to: Marion County Clerk of Court, 100 E. Court Street, Marion, SC 29571
- Include the following with each request:
- Full legal names of both parties
- Approximate date of divorce or case filing
- Case number, if known
- Requestor's full name and contact information
- Purpose of request, if required
- Payment for applicable copy fees
- Self-addressed stamped envelope for return of documents
- Processing time: Requests are processed in the order received; allow one to two weeks for standard requests.
By Phone
Limited Information Available:
- Clerk of Court: (843) 423-8230
- Staff may confirm:
- Whether a case exists in the system
- Case number and filing date
- Current case status
- Staff cannot provide:
- Detailed document contents by phone
- Copies of filed documents
- Confidential or restricted case information
Through Attorneys
An attorney licensed in South Carolina may access court records on behalf of a client, request sealed documents upon a proper showing, and assist with complex or older cases where records may be difficult to locate. Members of the public seeking legal representation may consult the South Carolina Bar Lawyer Referral Service for assistance.
Information Needed for Search
Essential Information:
- Full legal names of both spouses at the time of filing
- Maiden names, if applicable
- Approximate date of divorce or year of filing
- Case number, if previously obtained
Helpful Information:
- Date and location of marriage
- Prior addresses in Marion County
- Names of children, if applicable
- Names of attorneys of record, if known
Search in Correct County
Divorce proceedings in South Carolina are filed in the county where either spouse resided at the time of filing. Members of the public who are uncertain of the filing county may need to search multiple counties. Under § 20-3-60 of the South Carolina Code of Laws, the family court of the county in which either party resides has jurisdiction over divorce proceedings.
Residency Requirement:
South Carolina law requires that at least one spouse have been a resident of the state for a minimum of one year prior to filing, or that both spouses be residents at the time of filing, in which case a three-month residency period applies.
Time Considerations
Recent Divorces:
- Newly finalized cases may not appear in online systems immediately
- Allow several business days to weeks after the final hearing for records to be processed and indexed
- Confirm availability with the Clerk of Court before visiting in person
Older Divorces:
- Cases predating electronic filing may exist only in paper form
- Archived records may require additional retrieval time
- Not all historical records have been digitized
What If You Cannot Find a Record
Common Issues:
- Divorce was filed in a different county
- Name variations between married and maiden names
- Spelling differences in party names
- Case is still pending and not yet finalized
- Very old records stored in off-site archives
- Case has been sealed by court order
Next Steps:
- Contact the Clerk of Court at (843) 423-8230
- Attempt alternate name spellings
- Search under both spouses' names
- Check the South Carolina Department of Public Health divorce reports database
- Consult a licensed South Carolina attorney
What Are Marion County Divorce Records?
Marion County divorce records are official court documents generated during and after divorce proceedings filed in the Marion County Family Court. These records constitute part of the permanent family law case file maintained by the Clerk of Court and are subject to the public records provisions of South Carolina law.
Types of Divorce Records
Court Case Files contain the complete record of a dissolution proceeding, including:
- Petition for dissolution of marriage
- Response or answer filed by the respondent
- Financial affidavits submitted by both parties
- Parenting plans and child custody agreements
- Marital settlement agreements
- Motions, orders, and hearing transcripts
- Final judgment of dissolution
Final Decree is the official court order terminating the marriage. It establishes:
- The legal date of dissolution
- Division of marital property and debts
- Alimony or spousal support terms, if any
- Child custody and visitation arrangements, if applicable
- Child support obligations, if applicable
- Any court-ordered name restoration
- Certified copies are available from the Clerk of Court
Supporting Documents filed in the case record may include:
- Original marriage certificate
- Financial disclosure statements
- Property appraisals and valuations
- Post-judgment modification orders
Purpose of Divorce Records
Divorce records serve a range of legal and personal purposes, including:
- Establishing proof of marital status for remarriage
- Supporting name change documentation
- Facilitating property transfers and estate planning
- Providing evidence in immigration proceedings
- Supporting Social Security benefit claims
- Enabling genealogical and family history research
Who Maintains Divorce Records
The Marion County Clerk of Court serves as the primary custodian of all divorce case files, indexes records by party name, and provides certified copies upon request. At the state level, the South Carolina Department of Public Health maintains certified copies of the Report of Divorce, which is a summary vital record distinct from the full court file.
Legal Framework
Divorce proceedings in South Carolina are governed by Title 20 of the South Carolina Code of Laws, which establishes grounds for divorce, jurisdictional requirements, and the legal framework for dissolution of marriage. Public access to court records is governed by the South Carolina Rules of Civil Procedure and the state's Freedom of Information Act, § 30-4-10 et seq. of the South Carolina Code of Laws, which establishes a presumption of public access to government records.
Are Marion County Divorce Records Public?
Divorce records filed in Marion County are public court records under South Carolina law, and members of the public may access basic case information and most filed documents. However, certain categories of information within those records are subject to restriction or redaction to protect sensitive personal and financial data.
What Is Public:
- Case number and filing date
- Names of the parties (petitioner and respondent)
- Names of attorneys of record
- Court hearing dates and scheduled events
- Court orders and judgments
- Final divorce decree
- Property division orders
- General case status
- Docket entries reflecting the chronological history of the case
What May Be Restricted:
Financial Information:
- Social Security numbers are redacted from all public filings
- Bank account and credit card numbers are redacted
- Detailed financial statements may be subject to limited access
- Tax returns filed with the court may be sealed or restricted
Children's Information:
- Names and addresses of minor children may be redacted
- Schools attended by children are not disclosed
- Medical and psychological evaluations of children may be sealed
- Guardian ad litem reports are subject to restricted access
- Child custody evaluations ordered by the court may be sealed
Sensitive Personal Information:
- Domestic violence allegations and supporting evidence
- Mental health and substance abuse treatment records
- Medical records submitted as exhibits
- Personal addresses in cases involving protective orders
Sealed Records:
A court may seal all or part of a case file upon a showing of good cause. Cases involving allegations of abuse, high-profile parties, or confidential settlement terms may be subject to sealing orders. Mediation communications are confidential under South Carolina law and are not part of the public record.
Who Can Access Records:
- General public: May access most case information, view docket summaries, and obtain copies of public documents upon payment of applicable fees
- Parties to the case: Have full access to their own case file, including documents not available to the general public
- Attorneys of record: Have professional access to case files and may petition for access to sealed materials upon a proper showing
- Researchers and media: May access public portions of case files; access to sealed records requires a court order
Restrictions on Use:
Members of the public who obtain divorce records may not use that information for stalking, harassment, identity theft, or any purpose that violates a court-issued protective order. Permitted uses include legal proceedings, background research, genealogical research, news reporting, and personal verification of marital status.
As the SC Secretary of State's office notes, "Certified copies of divorce decrees may be obtained from the County Clerk of Court's Office or from DHEC's Vital Records Division," confirming the dual-track system for accessing divorce documentation in South Carolina.
How Much Does It Cost to Get Divorce Records in Marion County?
The Marion County Clerk of Court charges standard fees for copies and certified documents in accordance with South Carolina law. Under § 8-21-310 of the South Carolina Code of Laws, which governs fees for clerks of court, the following fee structure applies to divorce record requests:
| Service | Standard Fee |
|---|---|
| Plain copy (per page) | $0.50 per page |
| Certified copy of document | $1.00 per page + $1.00 certification fee |
| Certified copy of final decree | $1.00 per page + $1.00 certification fee |
| Report of Divorce (from SCDPH) | $12.00 per certified copy |
| Search fee (if applicable) | Varies by request |
Accepted Payment Methods:
- Cash (in-person requests)
- Money order (mail requests)
- Cashier's check (mail requests)
- Personal checks may be accepted at the discretion of the office
Fee Waiver Provisions:
Parties who are proceeding in forma pauperis (without ability to pay) may petition the court for a waiver of filing and copy fees. A completed financial affidavit demonstrating indigency is required. Fee waivers are granted at the court's discretion.
What Is Available at No Charge:
- Viewing case docket entries through the public access terminal at the courthouse
- Reviewing the South Carolina Judicial Department Public Index online at no cost
- Confirming case existence and status by phone through the Clerk of Court
Mail requests should include a money order or cashier's check made payable to the Marion County Clerk of Court. Requestors are advised to contact the office at (843) 423-8230 to confirm current fees prior to submitting payment.
What's Included in Divorce Records in Marion County
A complete Marion County divorce case file contains all documents filed with the family court from the initiation of proceedings through final judgment and any post-judgment actions. The following categories reflect the standard contents of a dissolution of marriage case file.
Basic Case Information:
- Case number, court name, and division
- Names of petitioner and respondent
- Judge assigned to the case
- Attorneys of record for each party
- Date of filing and case type designation
Initial Pleadings:
The Petition for Dissolution of Marriage sets forth the petitioner's identifying information, the respondent's identifying information, the date and location of the marriage, the date of separation if applicable, the grounds for divorce, information regarding minor children, property and support claims, and the relief requested. South Carolina recognizes both fault-based and no-fault grounds for divorce under Title 20 of the South Carolina Code.
The Response or Answer filed by the respondent states admissions or denials of the petition's allegations, any counterpetition, and the respondent's requested relief.
Financial Affidavits submitted by both parties disclose income from all sources, monthly expenses, assets including real property, vehicles, bank accounts, investments, and personal property, and all liabilities including mortgages, loans, and credit card debt.
Discovery Documents:
Discovery materials filed with the court may include interrogatory questions and sworn answers, requests for production of documents, financial records such as tax returns and bank statements, and property inventories. Not all discovery materials are filed with the court; those exchanged between parties but not submitted to the court are not part of the public record.
Property-Related Documents:
The marital asset inventory identifies and values all real property, vehicles, financial accounts, retirement accounts, business interests, and personal property subject to equitable distribution. The debt inventory identifies all marital liabilities. Appraisals, business valuations, and expert reports on asset values are filed as exhibits when property division is contested.
Children-Related Documents (if applicable):
The Parenting Plan establishes legal custody (decision-making authority), physical custody and primary residence, the regular timesharing schedule, holiday and vacation schedules, transportation arrangements, and provisions governing relocation. The Child Support Worksheet calculates the support obligation based on both parties' incomes, the number of overnights with each parent, health insurance costs, and childcare expenses. Court-ordered custody evaluations and guardian ad litem reports may be filed under seal.
Support Documents:
Alimony provisions within the final decree or settlement agreement specify the type of support ordered (temporary, rehabilitative, durational, or permanent), the monthly amount, the duration, conditions for modification, and termination events such as remarriage or cohabitation.
Settlement Documents:
The Marital Settlement Agreement is a comprehensive written agreement resolving all contested issues, including property division, debt allocation, spousal support, and child-related provisions. When parties reach agreement through mediation, the mediation agreement may be incorporated into the settlement agreement. Mediation communications themselves are confidential and are not filed with the court.
Court Orders and Judgments:
Temporary orders entered during the pendency of the case may address temporary custody, temporary support, temporary use of marital property, and restraining orders. The Final Judgment of Dissolution is the court's definitive order terminating the marriage, containing findings of fact, conclusions of law, and all provisions governing property, support, and children. A Qualified Domestic Relations Order (QDRO) is entered separately when retirement accounts are divided, directing the plan administrator to distribute benefits.
Post-Judgment Documents (if applicable):
After entry of the final judgment, the case file may be supplemented with petitions to modify custody or support, court orders on modification requests, contempt motions alleging non-compliance, income deduction orders for support enforcement, and lien filings.
What Is Typically Confidential or Sealed:
- Social Security numbers (redacted from all public filings)
- Bank account and financial account numbers (redacted)
- Children's residential addresses and school information
- Domestic violence details (may be sealed by court order)
- Mental health and substance abuse evaluations
- Adoption records related to children of the marriage
- Trade secrets contained in business valuations
- Settlement negotiation communications (not filed)
- Mediation communications (confidential by statute)
How Information Is Organized:
Documents within the case file are maintained in chronological order of filing. The docket sheet serves as an index, listing each document by type, filing date, and document number. Recent cases are maintained in electronic format through the court's case management system. Older cases may exist in paper form only, with some converted to digital format upon request.
How to Get Proof of Divorce in Marion County
Proof of divorce in Marion County may be obtained through two primary channels: a certified copy of the final judgment of dissolution from the Clerk of Court, or a certified copy of the Report of Divorce from the South Carolina Department of Public Health.
Certified Copy of Final Decree (Clerk of Court):
A certified copy of the final judgment of dissolution is the most comprehensive form of proof of divorce and is accepted for legal, immigration, and remarriage purposes. Members of the public may obtain a certified copy by:
- Visiting the Marion County Clerk of Court in person at 100 E. Court Street, Marion, SC 29571, during business hours (Monday–Friday, 8:30 a.m. – 5:00 p.m.)
- Submitting a written mail request to the same address, including party names, approximate divorce date, case number if known, and payment
- Contacting the office by phone at (843) 423-8230 to confirm availability and current fees before submitting a request
Certified Report of Divorce (State Vital Records):
The South Carolina Department of Public Health issues certified copies of the Report of Divorce, which serves as a summary vital record confirming that a divorce was finalized in South Carolina. This document is available for divorces recorded statewide.
South Carolina Department of Public Health — Vital Records
2600 Bull Street
Columbia, SC 29201
Phone: (803) 898-3630
Divorce Reports — SC Department of Public Health
Mail requests must be addressed to Vital Records. The current fee is $12.00 per certified copy. Requestors should include the full names of both parties, the approximate date of divorce, the county where the divorce was filed, and a valid form of identification.
Certification for International Use:
Members of the public who require a certified divorce record for use in a foreign country may need an apostille or authentication from the SC Secretary of State's office. The Secretary of State's office certifies vital records and court documents for international use under the Hague Convention.
SC Secretary of State — Apostille and Certification
1205 Pendleton Street
Columbia, SC 29201
Phone: (803) 734-2170
Certification of Vital Records — SC Secretary of State
Can a Divorce Be Confidential in Marion County?
Divorce proceedings in Marion County are presumptively public under South Carolina law, but certain cases or portions of case files may be made confidential by court order or by operation of statute.
Circumstances Under Which Divorce Records May Be Confidential:
- Court-ordered sealing: A party may file a motion requesting that the court seal all or part of the case file. The court applies a balancing test weighing the public interest in transparency against the privacy interests of the parties and any minor children.
- Domestic violence cases: When a party has obtained a protective order or when the case involves allegations of domestic violence, the court may restrict access to addresses, contact information, and related evidence to protect the safety of the victim.
- Children's information: Under South Carolina court rules, information identifying minor children, including their residential addresses, schools, and medical records, is subject to redaction from publicly accessible filings.
- Mental health and medical records: Records pertaining to mental health evaluations, substance abuse treatment, and medical conditions submitted as exhibits may be filed under seal upon motion.
- Mediation communications: Under South Carolina law, all communications made during court-ordered mediation are confidential and are not subject to disclosure or admission into evidence.
- Financial account numbers and Social Security numbers: These are redacted from all public filings as a matter of standard court practice under the South Carolina Rules of Civil Procedure.
Members of the public who believe a case has been improperly sealed or who seek access to a sealed record must file a motion with the family court demonstrating a legitimate legal basis for access.
How Long Does Marion County Keep Divorce Records?
Marion County divorce records are maintained as permanent court records under South Carolina's records retention schedule, meaning they are not subject to routine destruction.
Retention Periods by Record Type:
- Final judgments and decrees: Retained permanently as part of the official court record
- Complete case files (active and closed): Retained permanently; older paper files may be transferred to archive storage but are not destroyed
- Docket entries and indexes: Retained permanently in the court's case management system
- Report of Divorce (SCDPH): Retained permanently by the South Carolina Department of Public Health as a vital record
- Temporary orders and interlocutory rulings: Retained as part of the permanent case file
- Financial affidavits and discovery documents: Retained as part of the case file for the duration of the retention period applicable to the case type
South Carolina's records retention schedules for court records are established by the South Carolina Department of Archives and History in coordination with the South Carolina Judicial Department. Under these schedules, family court case files, including divorce proceedings, are classified as permanent records due to their ongoing legal significance for property rights, marital status, and child-related orders.
Members of the public seeking records from cases filed decades ago should contact the Marion County Clerk of Court directly, as older paper records may be stored off-site and require additional retrieval time. The South Carolina Department of Public Health maintains divorce reports dating back to July 1, 1962, for divorces finalized in South Carolina.