Filing for Divorce in Abbeville County, South Carolina

Reviewed by Carrie Warner, Attorney at Law, SC Bar No. 72836 · Last reviewed November 2, 2026

If you or your spouse live in Abbeville County, your divorce is generally filed in the Family Court for Abbeville County, which sits in the city of Abbeville, the county seat. Abbeville County is part of South Carolina’s Eighth Judicial Circuit, along with Greenwood, Laurens and Newberry counties. This page explains when a case belongs here and what filing looks like, and links to our South Carolina Divorce Guide for the statewide rules.

When Your Divorce Belongs in Abbeville County

Venue means which county’s family court hears the case. Under S.C. Code § 20-3-60, you file where the defendant (the spouse being sued) lives. If the defendant lives outside South Carolina or cannot be found, you file where you live. You may instead file where you last lived together as spouses, unless you live outside South Carolina, in which case you must file in the defendant’s county. Some Abbeville County examples:

• Your spouse lives in Due West, Calhoun Falls or elsewhere in Abbeville County. Abbeville County is a proper venue because it is the defendant’s home county.
• You last lived together in Abbeville County, then you moved to Greenwood. You can generally file in Abbeville County (where you last lived together) or in whatever county your spouse now lives in.
• Your spouse moved across the state line into Georgia. Because your spouse is now a nonresident, you can file in the county where you live, which would be Abbeville County if that is your home and you meet the residency rule.

Residency, Grounds and Waiting Periods

Residency. Under S.C. Code § 20-3-30, the filing spouse must have lived in South Carolina for one year, or three months if both spouses live in South Carolina when the case is filed. If you live outside South Carolina, you can still file here if your spouse has lived in South Carolina for at least one year. See South Carolina residency requirements.

Grounds. S.C. Code § 20-3-10 allows five grounds: adultery, desertion for one year, physical cruelty, habitual drunkenness (including from narcotic drug use), and living separate and apart for one year. The only no-fault ground is one year of separation; our guide to the one-year separation rule explains how that year is counted. Judges generally expect the grounds to be backed up by a witness or other evidence besides the spouses.

Waiting periods. Under S.C. Code § 20-3-80, a divorce on adultery, physical cruelty or habitual drunkenness cannot be final until three months after filing. One-year-separation and desertion cases can go to a final hearing once the defendant answers or is in default. See our waiting period guide.

Filing at the Abbeville County Clerk of Court

Divorce papers in Abbeville County are filed with the Clerk of Court, whose office handles both circuit court and family court filings. Our guide on how to file for divorce in South Carolina walks through each document. The usual opening papers are:

• A summons, telling your spouse a case has been filed and how long they have to respond.
• A complaint, stating the grounds, the residency and venue facts, and what you are asking the court to decide (custody, support, alimony, property and debts, or a former name).
• A financial declaration (form SCCA 430), due by the first hearing or within 45 days of service, whichever comes first.
• Any cover sheet or intake form the clerk requires.

The family court filing fee for a divorce complaint is currently $150 statewide, per the SC Judicial Branch fee schedule; confirm it with the Abbeville County Clerk of Court. If you cannot afford it, you can ask the court for permission to proceed without paying (a motion to proceed in forma pauperis).

The SC Judicial Branch lists the Abbeville County Courthouse at 102 Court Square, Room 103, Abbeville, SC 29620, with an office number of (864) 366-5312. Call the Clerk of Court to confirm hours and intake steps before you go; contact details are on the county’s SC Judicial Branch courthouse page.

After filing, your spouse must be formally served under SCRCP Rule 4, for example by the sheriff, by an adult who is not a party, by certified mail with restricted delivery, or by your spouse signing an acceptance of service. Our guide to serving divorce papers covers each method and what to do if service fails.

After Filing: Answers, Mediation and Temporary Hearings

Once your spouse has been served, a contested Abbeville County case usually moves through these stages:

1. Answer. Your spouse has 30 days after service to answer and may add a counterclaim.
2. Temporary relief, if needed. Either spouse can ask for a temporary hearing on custody, support or use of the home. Under Family Court Rule 21, these are generally decided on affidavits and financial declarations, not live testimony.
3. Mediation. Mediation is required in most contested cases in every county under ADR Rule 3, with exceptions such as temporary relief and some domestic violence situations.
4. Discovery and settlement. Spouses exchange financial information and often reach a written agreement.
5. Final hearing. The judge hears the grounds and corroboration, reviews any agreement, and issues a decree.

Abbeville County at a Glance

Abbeville County had 24,295 residents at the 2020 Census, which makes it one of the smaller counties in the Eighth Circuit. The county includes the city of Abbeville as well as towns such as Due West, Calhoun Falls and Donalds, and it borders Georgia to the west.

Family court judges in South Carolina are assigned across a circuit, so a smaller county may not have family court in session every week. The SC Judicial Branch publishes terms of court, and the clerk can tell you how hearings are being scheduled. Plan for that when you think about timing, especially if you need a temporary hearing.

Getting Help With a Abbeville County Case

Warner Law’s office is in Columbia. If your case is in Abbeville County, contact us to ask whether we can help. We can talk with you about the residency, venue and filing issues described above.

Frequently Asked Questions

My spouse moved from Abbeville to Greenwood County. Where do I file?

You can generally file in Greenwood County, where your spouse now lives. If you and your spouse last lived together in Abbeville County and you still live in South Carolina, Abbeville County is generally also an option under S.C. Code § 20-3-60.

How much does it cost to file for divorce in Abbeville County?

The statewide family court filing fee for a divorce complaint is currently $150. Confirm it with the Clerk of Court. You can ask the court to waive the fee if you cannot afford it.

Is mediation required in Abbeville County?

Yes, in most contested cases. ADR Rule 3 requires mediation of contested domestic relations issues in every South Carolina county, with some exceptions such as temporary relief and certain domestic violence situations.

Can I file in Abbeville County if I just moved here?

You must meet the residency rule first: one year in South Carolina, or three months if both spouses live in South Carolina when you file. Venue in Abbeville County then depends on where your spouse lives or where you last lived together.

Sources

• S.C. Code Title 20, Chapter 3 (Divorce), including §§ 20-3-10, 20-3-30, 20-3-60 and 20-3-80
• SC Judicial Branch: Abbeville County courthouse page
• SC Judicial Branch: Family Court filing fees
• SC Judicial Branch: Court Rules (SCRCP, Family Court Rules, ADR Rules)
• SC Judicial Branch: Simple divorce self-help packets