Kershaw County Divorce Records
What Are Kershaw County Divorce Records?
Divorce records in Kershaw County are official legal documents that provide documented evidence of the dissolution of a marriage within the jurisdiction. These records are maintained pursuant to South Carolina Code of Laws § 20-3-10, which governs divorce proceedings within the state. Divorce records typically consist of various court documents filed throughout the divorce process in the Kershaw County Family Court.
The South Carolina Judicial Branch maintains these records as part of its official court documentation system. Divorce records serve multiple essential functions:
- Legal proof of marital status change
- Documentation required for remarriage
- Evidence for name change proceedings
- Verification for Social Security benefits claims
- Supporting documentation for loan applications
- Required evidence for immigration matters
- Historical documentation for genealogical research
According to the South Carolina Department of Archives and History, divorce records constitute vital historical documents that preserve important information about family structures and legal proceedings within the county. These records are maintained by the Kershaw County Clerk of Court's office as part of their judicial record-keeping responsibilities.
Kershaw County Clerk of Court
1121 Broad Street
Camden, SC 29020
803-425-1500
Kershaw County Clerk of Court
Are Kershaw County Divorce Records Public?
Kershaw County divorce records maintain 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, which establishes the presumption of openness for government records. However, this public access is subject to important limitations and exceptions.
The public components of divorce records typically include:
- Case numbers and filing dates
- Names of parties involved
- Names of attorneys
- General court orders and judgments
- Final divorce decree (with certain information redacted)
Conversely, certain components of divorce records maintain restricted access:
- Certified divorce certificates issued by the South Carolina Department of Health and Environmental Control (DHEC) are available only to the parties involved, their immediate family members, legal representatives, or individuals with a demonstrable legitimate interest
- Financial affidavits and detailed asset information
- Records containing sensitive personal identifiers (Social Security numbers, bank account details)
- Records involving minor children (custody evaluations, guardian ad litem reports)
- Records sealed by judicial order for privacy or safety concerns
The South Carolina Family Court Rules, specifically Rule 41.1, provides additional guidance on confidentiality in family court proceedings. The rule states that financial declarations and certain other sensitive documents "shall be maintained in a sealed envelope within the court file and shall be available only to the parties, their attorneys, and personnel of the family court."
Members of the public seeking access to divorce records must balance their right to information with the privacy protections afforded to individuals involved in divorce proceedings.
How To Find a Divorce Record In Kershaw County
Members of the public seeking divorce records in Kershaw County may utilize several official channels to locate these documents. The appropriate method depends on the specific type of divorce record sought and the requester's relationship to the case.
For court case files:
- Visit the Kershaw County Clerk of Court office in person during regular business hours
- Complete a records request form specifying the case information (names of parties, approximate date of divorce, case number if known)
- Present valid photo identification
- Pay applicable search and copy fees (currently $5 for record search plus $1 per page for copies)
- Allow staff time to locate and prepare requested documents
For certified divorce certificates:
- Submit a request to the South Carolina Department of Health and Environmental Control (DHEC) Vital Records office
- Complete the DHEC Divorce Certificate Application
- Provide proof of identity and relationship to the parties
- Submit the required fee ($12 for the first copy, $3 for each additional copy)
- Allow 2-4 weeks for processing if requesting by mail
SC DHEC Vital Records
2600 Bull Street
Columbia, SC 29201
803-898-3630
SC DHEC Vital Records
Authorized individuals may also request divorce records through third-party services contracted with the state, though additional service fees may apply. Pursuant to South Carolina Code § 20-1-350, only certain individuals qualify to receive certified copies of vital records, including divorce certificates.
How To Look Up Divorce Records in Kershaw County Online?
Kershaw County provides limited online access to divorce record information through several digital platforms. The South Carolina Judicial Branch maintains the Public Index, which allows users to search for case information by name or case number. This system provides basic case details including:
- Case number and filing date
- Names of parties and attorneys
- Scheduled hearings and their status
- General case disposition information
- Document types filed in the case
To access this system:
- Visit the South Carolina Judicial Branch Public Index website
- Select "Kershaw County" from the county dropdown menu
- Enter search criteria (last name, first name)
- Review search results for relevant case information
- Note that full document images are not available online
For certified divorce certificates, the SC DHEC Vital Records office provides an online ordering system through VitalChek, a third-party service provider. This service requires:
- Creation of a user account
- Verification of identity
- Payment of state fees plus service charges
- Submission of required documentation to establish eligibility
The South Carolina Department of Archives and History also maintains historical divorce records that may be searchable through their online catalog, though document images typically require in-person inspection.
Users should note that online access to divorce records is intentionally limited to protect privacy while balancing the public's right to information. Comprehensive divorce case files generally require in-person inspection at the Kershaw County Courthouse.
How To Find Divorce Records for Free In Kershaw County?
Members of the public seeking no-cost access to divorce records in Kershaw County have limited but viable options. The South Carolina Judicial Branch Public Index provides free online access to basic case information, though this resource offers only summary details rather than complete records.
Free access methods include:
-
In-person inspection at the Kershaw County Courthouse
- Visit the Clerk of Court's office during regular business hours
- Request to view specific case files (search fees may be waived for self-inspection)
- Take notes on case information (copying fees still apply)
-
Public library resources
- The Camden-Kershaw County Library provides free public computer access
- Library staff may assist with navigating public records databases
- Historical divorce records may be available through library genealogy resources
-
South Carolina Archives research room
- The SC Department of Archives and History provides free access to historical records
- Research room staff can assist with locating older divorce proceedings
- Advance appointments recommended for efficient research
Camden-Kershaw County Library
1304 Broad Street
Camden, SC 29020
803-425-1508
Camden-Kershaw County Library
While inspection of records may be available without charge, obtaining copies or certified documents will incur standard fees. Additionally, pursuant to South Carolina Code § 30-4-30, agencies may charge reasonable fees for search and retrieval time exceeding 30 minutes.
Researchers should note that free access methods typically require more time and personal effort than paid services, and certain confidential portions of divorce records remain inaccessible regardless of the method used.
What's Included in a Divorce Records In Kershaw County
Divorce records in Kershaw County comprise a comprehensive collection of documents generated throughout the dissolution process. These records contain legally significant information documenting the termination of the marital relationship and the resolution of associated matters.
Standard components of Kershaw County divorce records include:
- Petition for Divorce - The initial filing that states grounds for divorce and requested relief
- Summons - Official notice to the responding spouse about the divorce action
- 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 obligations
- Temporary Orders - Court directives governing conduct and arrangements during the pendency of proceedings
- Final Decree of Divorce - The court's final judgment dissolving the marriage and resolving all issues
Additional documents that may appear in divorce files include:
- Affidavits from witnesses or experts
- Guardian ad Litem reports in cases involving children
- Mediation agreements
- Qualified Domestic Relations Orders (QDROs) for division of retirement accounts
- Name change orders
- Transcripts of hearings or depositions
- Exhibits submitted as evidence
The certified divorce certificate issued by the SC Department of Health and Environmental Control contains more limited information, typically including:
- Names of both parties
- Date and location of divorce
- Case number
- Date of marriage
- County where divorce was granted
Pursuant to South Carolina Family Court Rule 20, certain sensitive information may be redacted or filed separately under seal to protect privacy interests while maintaining the public nature of court proceedings.
How To Get Proof of Divorce In Kershaw County?
Individuals requiring official proof of divorce in Kershaw County have several options for obtaining legally recognized documentation. The appropriate method depends on the specific purpose for which proof is needed and the level of detail required.
For certified divorce certificates:
- Submit a request to the SC DHEC Vital Records office
- Complete the official application form
- Provide acceptable identification
- Demonstrate eligibility (parties to divorce, immediate family, legal representative)
- Pay the required fee ($12 for first copy, $3 for each additional copy)
- Submit request by mail, online, or in person at a regional DHEC office
For certified copies of divorce decrees:
- Contact the Kershaw County Clerk of Court
- Provide case information (names, approximate date, case number if known)
- Complete a records request form
- Pay applicable certification fees (typically $5-10 per document)
- Allow processing time for certification
Kershaw County Clerk of Court
1121 Broad Street
Camden, SC 29020
803-425-1500
Kershaw County Clerk of Court
For expedited service, individuals may:
- Visit the courthouse in person during business hours
- Bring all relevant case information and identification
- Request same-day processing if possible
- Pay any expedited service fees
Pursuant to South Carolina Code § 26-1-90, certified copies of court records bear the same legal weight as original documents when properly authenticated by the clerk of court. These certified documents are generally accepted for all legal purposes requiring proof of divorce, including remarriage, name changes, and benefits applications.
Can a Divorce Be Confidential In Kershaw County?
While divorce proceedings in Kershaw County are presumptively public under South Carolina law, certain mechanisms exist to protect sensitive information and, in limited circumstances, to shield entire cases from public view. The South Carolina Family Court system recognizes legitimate privacy concerns in domestic relations matters.
Standard confidentiality protections include:
- Automatic sealing of financial declarations pursuant to Family Court Rule 41.1
- Redaction of personal identifiers (Social Security numbers, financial account numbers, minor children's names)
- Restricted access to guardian ad litem reports and custody evaluations
- Limited distribution of certified divorce certificates
For enhanced confidentiality, parties may petition the court for:
- Sealing of specific sensitive documents upon showing good cause
- Use of pseudonyms or initials in public filings
- Closure of courtroom during testimony involving sensitive matters
- Complete sealing of case files in extraordinary circumstances
Grounds that may justify increased confidentiality include:
- Protection from domestic violence or stalking
- Safeguarding business trade secrets or confidential financial information
- Protecting minor children from unnecessary publicity
- Preventing identity theft or financial fraud
- Addressing legitimate safety concerns
The court balances confidentiality requests against the public's right to access judicial records. According to South Carolina Code § 15-49-20, courts may seal records "for good cause shown and to protect the privacy of the petitioner."
Parties seeking confidentiality should consult with legal counsel to determine appropriate mechanisms for their specific circumstances. Requests for confidentiality must be made through formal motions to the court and are granted at judicial discretion.
How Long Does a Divorce Take In Kershaw County?
The duration of divorce proceedings in Kershaw County varies significantly based on multiple factors, including case complexity, level of agreement between parties, court caseloads, and statutory waiting periods. South Carolina law establishes different timeframes depending on the grounds for divorce.
For no-fault divorces based on one year's continuous separation:
- Minimum waiting period: 12 months of living separate and apart
- Additional processing time: 3-6 months after filing
- Total typical timeframe: 15-18 months from separation to final decree
For fault-based divorces (adultery, habitual drunkenness, physical cruelty):
- No mandatory separation period
- Typical processing time: 6-12 months from filing
- Additional time for contested hearings if allegations disputed
Factors that may extend timeframes include:
- Contested child custody or visitation arrangements
- Complex property division issues
- High-conflict cases requiring multiple hearings
- Court scheduling delays
- Discovery disputes
- Requests for temporary relief
Factors that may expedite proceedings:
- Comprehensive settlement agreements
- Mediation or collaborative divorce approaches
- Uncontested proceedings
- Simplified financial situations
- Absence of minor children
According to the South Carolina Judicial Branch, the statewide average for uncontested divorces is approximately 90-120 days from filing to final hearing, assuming all statutory requirements have been met. Contested matters typically require 6-12 months to resolve, with complex cases potentially extending beyond 18 months.
The South Carolina Bar notes that mandatory financial disclosure requirements and the state's emphasis on attempted reconciliation may add time to proceedings compared to other jurisdictions.
How Long Does Kershaw County Keep Divorce Records?
Kershaw County maintains divorce records according to South Carolina's comprehensive records retention schedule, which establishes different preservation periods based on record type and historical significance. The retention of these records is governed by South Carolina Code § 30-1-90 and administrative policies established by the Department of Archives and History.
For court case files:
- Active case files: Maintained indefinitely at the Kershaw County Courthouse
- Older case files (pre-1950): May be transferred to the South Carolina Department of Archives and History
- Microfilmed/digitized records: Preserved permanently in multiple formats
- Index books and dockets: Retained permanently as finding aids
For vital records certificates:
- Original certificates: Maintained permanently by SC DHEC Vital Records
- County copies: Retained according to local records schedules (typically 15+ years)
- Electronic records: Preserved in state vital records database indefinitely
The South Carolina Department of Archives and History serves as the ultimate repository for historically significant court records, including divorce proceedings. Their General Records Retention Schedules for Judicial Records specifies:
- Case files containing precedent-setting decisions: Permanent retention
- Routine divorce proceedings: Minimum 75-year retention
- Index and docket books: Permanent retention
- Exhibits and evidence: Variable retention based on significance
Researchers seeking historical divorce records should note that older records may be stored in different locations depending on their age:
- Recent records (past 25 years): Kershaw County Courthouse
- Intermediate records (25-75 years): May be in courthouse or county archives
- Historical records (75+ years): Likely transferred to state archives
The digitization of court records is an ongoing process, with newer records more likely to be available in electronic format than older proceedings.
How To Get a Divorce In Kershaw County
Individuals seeking to dissolve a marriage in Kershaw County must follow South Carolina's established legal procedures. The divorce process involves multiple steps and adherence to statutory requirements as outlined in South Carolina Code § 20-3-10 et seq.
Residency requirements:
- Either spouse must have been a South Carolina resident for at least one year prior to filing, or
- Both spouses must be South Carolina residents for at least three months prior to filing
Legal grounds for divorce in South Carolina:
- One year's continuous separation without cohabitation (no-fault)
- Adultery
- Habitual drunkenness or drug abuse
- Physical cruelty
- Desertion for a period of one year
The standard divorce process includes:
- Filing a Summons and Complaint for Divorce with the Kershaw County Family Court
- Paying the filing fee (approximately $150-$200)
- Serving the non-filing spouse with divorce papers
- Submitting financial declarations and required disclosures
- Attending temporary hearings if immediate relief is requested
- Participating in mediation (mandatory in most cases with contested issues)
- Conducting discovery if necessary
- Attending the final hearing
Kershaw County Family Court
1121 Broad Street
Camden, SC 29020
803-425-1500
Kershaw County Family Court
For uncontested divorces where parties have reached agreement on all issues:
- Prepare a settlement agreement addressing property division, alimony, child custody, and support
- File the agreement with the court
- Schedule a final hearing (typically briefer than contested matters)
- Obtain the final decree of divorce
Self-represented litigants may access forms and guidance through the South Carolina Judicial Branch Self-Help Resources. However, given the legal complexities and significant consequences of divorce proceedings, consultation with qualified legal counsel is strongly recommended.
How To Get Divorce Papers In Kershaw County
Individuals initiating divorce proceedings in Kershaw County must obtain and properly complete the required legal documents. Several methods exist for acquiring these essential forms.
From the courthouse:
- Visit the Kershaw County Family Court Clerk's office
- Request divorce packet for either contested or uncontested proceedings
- Pay nominal fee for forms (typically $5-$10)
- Review filing instructions provided with packet
Kershaw County Family Court
1121 Broad Street
Camden, SC 29020
803-425-1500
Kershaw County Family Court
From online resources:
- Access the South Carolina Judicial Branch website
- Navigate to the Family Court forms section
- Download applicable divorce forms (available in PDF format)
- Print forms on 8.5" x 11" white paper
From legal aid organizations:
- Contact South Carolina Legal Services
- Determine eligibility for assistance (based on income guidelines)
- Request divorce packet and potential guidance
- Schedule consultation if available
South Carolina Legal Services
2109 Bull Street
Columbia, SC 29201
888-346-5592
South Carolina Legal Services
Standard divorce documents include:
- Summons (Family Court)
- Complaint for Divorce
- Financial Declaration form
- Certificate of Exemption (if applicable)
- Motion for Temporary Relief (if needed)
- Settlement Agreement (for uncontested matters)
- Final Decree of Divorce (for judge's signature)
Pursuant to South Carolina Family Court Rule 2, all family court pleadings must comply with specific formatting requirements. Self-represented litigants should carefully review these requirements or seek assistance to ensure proper document preparation.
The South Carolina Bar also offers a Lawyer Referral Service for individuals seeking limited legal guidance with document preparation.