Filing for Divorce in Allendale County, South Carolina

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

If your divorce belongs in Allendale County, it is filed in the Family Court for Allendale County, located in the town of Allendale, the county seat. Allendale County is in the Fourteenth Judicial Circuit, which also includes Beaufort, Colleton, Hampton and Jasper counties. This page covers the Allendale-specific points; our South Carolina Divorce Guide covers the statewide law.

When Your Divorce Belongs in Allendale 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 Allendale County examples:

• Your spouse still lives in Allendale County. Allendale County is a proper venue because it is your spouse’s home county.
• Your spouse moved to Hampton County, and you last lived together in Allendale. You can generally choose Hampton County (your spouse’s county) or Allendale County (where you last lived together), as long as you live in South Carolina.
• Your spouse moved to Georgia. Because your spouse is now a nonresident, you can file in the county where you live. If that is Allendale County and you meet the residency rule, you file here.
• Your spouse left and you do not know where they are. If your spouse cannot be found, the statute points to your county of residence.

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 are the one who moved away, you can still file in South Carolina when your spouse has lived here 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 Allendale County Clerk of Court

Allendale County divorce papers are filed with the Clerk of Court. 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 Allendale 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 Allendale County Courthouse at 292 Barnwell Highway, Allendale, SC 29810. 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 served under SCRCP Rule 4. If your spouse cannot be located after a diligent search, service by publication is possible, but it requires a court order. Our guide on divorcing a spouse you cannot find explains the steps.

After Filing: Answers, Mediation and Temporary Hearings

After service, a contested Allendale 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.

Allendale County Context

Allendale County had 8,039 residents at the 2020 Census, making it one of the least populous counties in South Carolina. It sits along the Savannah River across from Georgia, and part of the Savannah River Site extends into the county.

Because the Fourteenth Circuit covers five counties, family court judges divide their time among them. A small county like Allendale may have fewer family court days than a large one, so ask the clerk how hearings are scheduled and leave extra time if you need a temporary hearing.

The SC Judicial Branch also publishes self-help packets for simple divorces (one-year separation, no children, and no property or debts to divide). They can work for some couples, but they do not fit cases with children, property or disagreement.

Getting Help With a Allendale County Case

Warner Law’s office is in Columbia. If your case is in Allendale County, contact us to ask whether we can help. We can talk through venue, service and the steps above with you.

Frequently Asked Questions

My spouse moved to Savannah. Where do I file?

If you live in Allendale County and meet the residency rule, you can generally file in Allendale County, because your spouse is now a nonresident of South Carolina.

What if I cannot find my spouse to serve them?

You can ask the court for permission to serve by publication after a diligent search. That requires a court order, so expect an extra step before the case can move forward.

Is there a filing fee in Allendale County?

The statewide fee for filing a divorce complaint is currently $150. Confirm it with the Allendale County Clerk of Court, and ask about a fee waiver if you cannot afford it.

Can I handle a simple Allendale County divorce myself?

Possibly. The SC Judicial Branch offers self-help forms for one-year-separation divorces with no children and no property or debts to divide. If your case involves children, property or disagreement, consider talking with a lawyer.

Do I have to mediate?

Mediation is required in most contested divorce cases in every South Carolina county under ADR Rule 3, with some exceptions.

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: Allendale 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