Lexington County Divorce Records

What Are Lexington County Divorce Records?

Divorce records in Lexington County are official legal documents that provide 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 in the state. Divorce records typically consist of various court documents filed during divorce proceedings and the final decree that legally terminates the marriage.

The Family Court division of the Lexington County Clerk of Court maintains these records as part of their official duties. Divorce records serve multiple important functions:

• Legal proof of marital status change
• Documentation required for remarriage
• Evidence for name change processes
• Verification for Social Security benefits claims
• Supporting documentation for loan applications
• Required evidence for immigration matters
• Historical and genealogical research purposes

Under South Carolina law, divorce may only be granted on specific grounds as outlined in § 20-3-10, including adultery, physical cruelty, habitual drunkenness, abandonment, and one year of continuous separation. The corresponding divorce records document the court's findings regarding these grounds and the final resolution of the marriage dissolution.

Are Lexington County Divorce Records Public?

Lexington County divorce records have a complex public access status that varies by document type and information sensitivity. Generally, court divorce case files are considered public records under the South Carolina Freedom of Information Act, but with significant exceptions and limitations.

The basic case information is typically available through the South Carolina Judicial Department Public Index, including:

• Case numbers
• Party names
• Filing dates
• Case status
• Hearing dates
• General case outcomes

However, certain components of divorce records may be restricted from public access:

• Financial declarations and sensitive financial information
• Records containing information about minor children
• Social Security numbers and other personal identifiers
• Records sealed by judicial order for privacy or safety concerns
• Records containing allegations of domestic violence or abuse

Certified divorce certificates, which provide official verification of a divorce, have more restricted access. Pursuant to § 44-63-140, these certificates are available only to:

• The parties named in the divorce
• Their immediate family members
• Their legal representatives
• Individuals with a demonstrated legitimate interest

This tiered access system balances the public's right to information with individual privacy protections established under state law.

How To Find a Divorce Record In Lexington County in 2026

Members of the public seeking divorce records in Lexington County may utilize several methods to locate these documents. The appropriate approach depends on the specific information needed and the requester's relationship to the case.

For general case information and public court documents:

1. Visit the Lexington County Clerk of Court's office in person:

Lexington County Clerk of Court
205 East Main Street
Lexington, SC 29072
(803) 785-8212
Lexington County Clerk of Court
Hours: Monday-Friday, 8:30 AM - 5:00 PM

2. Search the online public index through the South Carolina Judicial Department website, which provides basic case information.

3. Submit a written request to the Clerk's office, including:

   • Full names of both parties
   • Approximate date of divorce
   • Case number (if known)
   • Requester's contact information
   • Copy of requester's government-issued ID

For certified divorce certificates:

1. Contact the South Carolina Department of Public Health Vital Records office:

SC Department of Public Health - Vital Records
2600 Bull Street
Columbia, SC 29201
(803) 898-3630
SC DHEC Vital Records
Hours: Monday-Friday, 8:30 AM - 4:00 PM

2. Complete the official divorce certificate application form.

3. Provide proof of identity and eligibility to receive the record.

4. Submit the required fee ($12 for the first copy, $3 for each additional copy of the same record ordered at the same time).

Requests may be submitted in person, by mail, or through the department's online portal, depending on the urgency of the request and the requester's location.

How To Look Up Divorce Records in Lexington County Online?

Lexington County residents and interested parties may access certain divorce record information through online resources. The digital accessibility of these records facilitates efficient research while maintaining appropriate privacy safeguards.

The primary online resource for divorce case information is the South Carolina Judicial Department's Public Index:

1. Navigate to the South Carolina Judicial Department Public Index.

2. Select "Lexington County" from the county dropdown menu.

3. Choose the search method:

   • Name search (enter last name, first name)
   • Case number search (if already known)
   • Attorney search (to find cases by legal representation)

4. Review the search results, which typically include:

   • Case number
   • Filing date
   • Case type
   • Party names
   • Case status
   • Scheduled hearings
   • Basic disposition information

For certified divorce certificates, the South Carolina Department of Public Health offers an online ordering system:

1. Visit the SC DHEC Vital Records website.

2. Select "Order Records Online" and create an account if needed.

3. Choose "Divorce Certificate" from the record type options.

4. Complete the required information fields and provide documentation of eligibility.

5. Pay the required fee using a credit or debit card.

6. Track the request status through the online portal.

It is important to note that the online public index does not provide access to actual document images or the complete case file. For comprehensive record access, in-person visits to the Clerk's office remain necessary.

How To Find Divorce Records for Free In Lexington County?

Members of the public seeking no-cost access to divorce records in Lexington County have several options available, though these methods typically provide limited information compared to paid services.

The following resources offer free access to basic divorce record information:

1. In-person review at the courthouse:
   • Visit the Lexington County Clerk of Court's office during regular business hours.
   • Request to view publicly available divorce case files.
   • Bring identification and case information to facilitate the search.
   • While viewing is free, copying fees may apply ($0.25 per page for standard copies).

Lexington County Clerk of Court
205 East Main Street
Lexington, SC 29072
(803) 785-8212
Lexington County Clerk of Court
Hours: Monday-Friday, 8:30 AM - 5:00 PM

2. Online Public Index:

   • The South Carolina Judicial Department Public Index provides free access to basic case information.
   • Search by name, case number, or attorney.
   • Review case status, filing dates, and general disposition information.
   • No registration or fees are required for basic searches.

3. Public law libraries:

   • The Lexington County Law Library, located within the courthouse, offers public access terminals.
   • Library staff can provide guidance on navigating legal research systems.
   • Access to certain legal databases may be available at no cost.

4. Public Records Links:

   • The Eleventh Judicial Circuit Solicitor's Office maintains a webpage with links to various public records resources.
   • These resources include connections to court records and other public information systems.

While these free methods provide access to basic information, they may not include all documents contained in a divorce file. Additionally, certified copies of divorce decrees or certificates will still require payment of the statutory fees.

What's Included in a Divorce Records In Lexington County

Divorce records in Lexington County comprise a comprehensive collection of documents that chronicle the legal dissolution of a marriage. These records typically contain several distinct components that document the entire divorce proceeding from initiation to final judgment.

The standard divorce file includes:

• Summons and Complaint: The initial filing that states the grounds for divorce and the relief sought by the plaintiff.

• Answer and Counterclaim: The responding spouse's formal reply to the complaint, potentially including their own claims.

• Financial Declarations: Detailed statements of each party's income, expenses, assets, and liabilities, as required by South Carolina Family Court Rule 20.

• Property Settlement Agreements: Documents detailing the division of marital property and debts.

• Child Custody and Support Provisions: Arrangements for parental responsibilities, visitation schedules, and financial support for minor children.

• Temporary Orders: Court directives governing spousal support, child custody, and other matters during the pendency of the divorce.

• Depositions and Interrogatories: Sworn testimony and written questions/answers exchanged during the discovery process.

• Guardian ad Litem Reports: Assessments by court-appointed representatives for minor children, when applicable.

• Final Decree of Divorce: The official judgment that legally terminates the marriage and incorporates all final decisions regarding property division, support, and custody.

• Qualified Domestic Relations Orders (QDROs): Special orders for dividing retirement accounts and pension benefits.

The certified divorce certificate, available through the South Carolina Department of Public Health, 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

These records collectively provide a comprehensive legal history of the marriage dissolution process and the court's final determinations on all relevant matters.

How To Get Proof of Divorce In Lexington County?

Individuals requiring official proof of divorce in Lexington County have multiple options for obtaining this documentation, depending on the level of detail and certification needed.

For a certified copy of the divorce decree (the complete court judgment):

1. Contact the Lexington County Clerk of Court's office:

Lexington County Clerk of Court
205 East Main Street
Lexington, SC 29072
(803) 785-8212
Lexington County Clerk of Court
Hours: Monday-Friday, 8:30 AM - 5:00 PM

2. Provide the following information:

   • Full names of both parties as they appear on the divorce record
   • Approximate date of divorce
   • Case number (if known)
   • Valid government-issued photo identification

3. Pay the required fee:

   • $5.00 for certification
   • $0.25 per page for copies
   • Additional fees may apply for expedited service

For a certified divorce certificate (abbreviated proof of divorce):

1. Contact the South Carolina Department of Public Health Vital Records office:

SC Department of Public Health - Vital Records
2600 Bull Street
Columbia, SC 29201
(803) 898-3630
SC DHEC Vital Records
Hours: Monday-Friday, 8:30 AM - 4:00 PM

2. Complete the official application form, available on the department website.

3. Submit proof of identity and eligibility to receive the record.

4. Pay the required fee ($12 for the first copy, $3 for each additional copy of the same record ordered at the same time).

5. Choose the preferred delivery method:

   • Standard mail (processing time: 2-4 weeks)
   • Expedited service (additional fee applies)
   • In-person pickup (where available)

For international use, divorce decrees or certificates may require additional authentication through apostille or certification by the South Carolina Secretary of State's office, pursuant to § 26-3-30.

Can a Divorce Be Confidential In Lexington County?

While divorce proceedings in Lexington County are generally matters of public record, South Carolina law provides several mechanisms through which certain aspects of divorce cases may be kept confidential under specific circumstances.

The following elements of divorce cases may be subject to confidentiality protections:

1. Sealed Records: Pursuant to Rule 41.1 of the South Carolina Rules of Civil Procedure, a judge may order entire case files or specific documents sealed upon showing of good cause. Factors considered include:

   • Risk of harm to minor children
   • Presence of sensitive medical information
   • Legitimate privacy interests that outweigh public access rights
   • Potential for identity theft or financial harm

2. Financial Declarations: Detailed financial information submitted on court-mandated forms is automatically protected from casual public inspection under Family Court Rule 20.

3. Alternative Dispute Resolution Records: Mediation communications and settlement negotiations are generally confidential under South Carolina's Alternative Dispute Resolution Rules.

4. Sensitive Personal Information: The following information is typically redacted from public court filings:

   • Social Security numbers
   • Financial account numbers
   • Names of minor children (initials may be used instead)
   • Dates of birth
   • Medical records

5. Domestic Violence Protections: Cases involving allegations of domestic violence may receive additional confidentiality protections under the Protection from Domestic Abuse Act.

To request confidentiality for divorce proceedings, parties must:

1. File a motion with the Family Court requesting sealing of specific documents or the entire case file
2. Demonstrate compelling reasons that override the presumption of public access
3. Obtain a court order specifically addressing which records will be sealed and for what duration

It is important to note that complete confidentiality of divorce proceedings is rare and granted only in exceptional circumstances. Even when certain documents are sealed, basic case information typically remains available in the public index.

How Long Does a Divorce Take In Lexington County?

The duration of divorce proceedings in Lexington County varies significantly based on several key factors. Under current South Carolina law, the timeline for divorce completion depends primarily on the grounds for divorce, the complexity of the case, and the level of agreement between the parties.

For no-fault divorces based on one year of separation:

• Minimum waiting period: One year of continuous separation must be completed before filing, as required by § 20-3-10(5)
• Simple, uncontested cases with complete agreement: 3-4 months after filing
• Cases requiring negotiation of terms: 6-9 months after filing
• Complex cases with significant assets or contested custody: 9-18 months after filing

For fault-based divorces (adultery, physical cruelty, habitual drunkenness, etc.):

• No mandatory separation period before filing
• Simple cases with limited issues: 3-6 months
• Contested fault grounds requiring evidence: 6-12 months
• Complex cases with multiple contested issues: 12-24 months

Additional factors affecting timeline:

• Court congestion in the Lexington County Family Court system
• Availability of judges for hearings and trials
• Complexity of property division, especially with business interests or retirement accounts
• Child custody evaluations and guardian ad litem investigations
• Discovery disputes and motion practice
• Willingness of parties to engage in settlement negotiations
• Use of alternative dispute resolution methods like mediation

According to statistics from the South Carolina Judicial Department, the average time from filing to disposition for all family court cases in the Eleventh Judicial Circuit (which includes Lexington County) is approximately 271 days, though individual divorce cases may vary significantly from this average.

The statutory minimum time from filing to final hearing in uncontested cases is 90 days, but few cases are resolved this quickly due to procedural requirements and court scheduling constraints.

How Long Does Lexington County Keep Divorce Records?

Lexington County maintains divorce records according to a structured retention schedule established by the South Carolina Department of Archives and History pursuant to § 30-1-90 of the South Carolina Code of Laws. This schedule ensures the preservation of these important legal documents while managing storage resources effectively.

The retention periods for various divorce-related records are as follows:

• Final Divorce Decrees: Permanent retention. These documents are never destroyed and are maintained indefinitely by the Lexington County Clerk of Court.

• Complete Case Files: Maintained for a minimum of 15 years after case closure, after which they may be transferred to the South Carolina Department of Archives and History for permanent archival storage.

• Divorce Certificates: Permanently maintained by the South Carolina Department of Public Health Vital Records division.

• Indexes and Dockets: Permanent retention. These finding aids are preserved indefinitely to facilitate location of case records.

• Financial Declarations and Supporting Documents: Retained for 10 years after case closure, then may be destroyed if the final decree and property settlement agreement are preserved.

• Temporary Orders: Maintained as part of the case file for the standard retention period of 15 years.

• Guardian ad Litem Reports: Retained for 15 years after the involved children reach the age of majority.

For divorce records dating prior to 1950, many have been microfilmed or digitized for permanent preservation through the South Carolina Department of Archives and History. Researchers seeking historical divorce records may need to consult both county and state archives.

It is important to note that while physical records may be transferred or, in some cases, destroyed after their retention period, the legal effect of the divorce decree remains permanent. Individuals who require proof of divorce after records have been transferred should contact the South Carolina Department of Archives and History or the Vital Records division of the Department of Public Health.

How To Get a Divorce In Lexington County

Individuals seeking to dissolve a marriage in Lexington County must follow specific procedures established under South Carolina law. The divorce process involves several distinct steps that must be completed in sequence.

To initiate a divorce in Lexington County:

1. Establish 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, with at least one residing in the state for three months prior to filing

2. Determine appropriate grounds for divorce:

   • No-fault option: One year of continuous separation without cohabitation
   • Fault-based options: Adultery, physical cruelty, habitual drunkenness/drug use, or desertion

3. Prepare and file initial documents with the Family Court:

Lexington County Family Court
205 East Main Street
Lexington, SC 29072
(803) 785-8212
Lexington County Clerk of Court
Hours: Monday-Friday, 8:30 AM - 5:00 PM

Required documents include:

• Summons and Complaint for Divorce
• Financial Declaration Form
• Certificate of Exemption (if applicable)
• Filing fee payment ($150, with potential waivers for indigent parties)

4. Serve the non-filing spouse:

   • Personal service by sheriff or private process server
   • Certified mail with restricted delivery and return receipt
   • Publication in newspaper (if spouse cannot be located)
   • Acceptance of service (if spouse cooperates)

5. Wait for response period:

   • Spouse has 30 days to file an Answer (35 days if served by mail)
   • If no response, request a default judgment

6. Complete financial disclosure and discovery:

   • Exchange mandatory financial information
   • Request additional information through formal discovery if needed
   • Participate in mediation if ordered by the court

7. Attend temporary hearing (if needed):

   • Request temporary orders for support, custody, and use of property
   • Present affidavits and limited testimony

8. Negotiate settlement or prepare for trial:

   • Work with attorneys to reach agreement on all issues
   • If settlement is reached, prepare settlement agreement
   • If no agreement, prepare evidence and witnesses for trial

9. Attend final hearing or trial:

   • Present settlement agreement for court approval, or
   • Present evidence and testimony at contested trial
   • Receive judge's ruling on all disputed issues

10. Obtain Final Decree of Divorce:

    • Judge signs final order
    • Clerk's office processes and records decree
    • Obtain certified copies for personal records

The South Carolina Judicial Department provides standardized court forms for self-represented litigants, though legal representation is strongly recommended, particularly for complex cases involving children or significant assets.

How To Get Divorce Papers In Lexington County

Individuals initiating divorce proceedings in Lexington County must obtain and properly complete the required legal documents. Several methods exist for acquiring these essential forms.

To obtain divorce papers in Lexington County:

1. Visit the Lexington County Clerk of Court office:

Lexington County Clerk of Court
205 East Main Street
Lexington, SC 29072
(803) 785-8212
Lexington County Clerk of Court
Hours: Monday-Friday, 8:30 AM - 5:00 PM

• Request divorce packet for either contested or uncontested divorce
• Pay nominal fee for printed forms (typically $5-10)
• Staff cannot provide legal advice but can confirm required forms

2. Access forms through the South Carolina Judicial Department:

   • Visit the South Carolina Judicial Branch website
   • Navigate to the Family Court Forms section
   • Download PDF versions of required documents:
     • Family Court Cover Sheet
     • Summons for Divorce
     • Complaint for Divorce
     • Financial Declaration Form
     • Certificate of Exemption (if applicable)
     • Motion and Affidavit to Proceed In Forma Pauperis (for fee waiver)

3. Obtain forms through the Lexington County Law Library:

   • Located within the Lexington County Judicial Center
   • Access reference materials and form books
   • Use public computers to download and print forms
   • Receive basic guidance on form requirements

4. Consult with South Carolina Legal Services:

South Carolina Legal Services
2109 Bull Street
Columbia, SC 29201
(803) 744-9430
South Carolina Legal Services
Hours: Monday-Friday, 8:30 AM - 5:00 PM

• Income-eligible residents may qualify for free legal assistance
• Receive guidance on form completion
• Obtain properly prepared documents for specific circumstances

5. Work with a private attorney:
   • Retain legal counsel for comprehensive representation
   • Attorney will prepare all required documents
   • Receive legal advice tailored to specific situation

When completing divorce papers, parties must provide accurate information regarding:

• Marriage details (date and location)
• Grounds for divorce
• Children of the marriage
• Property and debt information
• Requested relief (property division, support, custody)

All forms must be completed in English, signed where indicated, and notarized when required. Incomplete or improperly executed documents may be rejected by the court clerk or cause delays in the divorce process.

Lookup Divorce Records in Lexington County

Clerk of Court County of Lexington

South Carolina Judicial Department Public Index

Vital Records South Carolina Department of Public Health

Public Record Links SC Eleventh Judicial Circuit

Court Forms South Carolina Judicial Branch