Filing for Divorce in Beaufort County, South Carolina

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

Divorces for Beaufort County residents are filed in the Family Court for Beaufort County, in the city of Beaufort, the county seat. Beaufort County is part of the Fourteenth Judicial Circuit, which also includes Allendale, Colleton, Hampton and Jasper counties. This page covers venue, military issues and filing in Beaufort County; our South Carolina Divorce Guide covers the statewide rules.

When Your Divorce Belongs in Beaufort 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 Beaufort County examples:

• Your spouse lives on Hilton Head Island, in Bluffton, Port Royal or Beaufort. All are in Beaufort County, so it is a proper venue.
• You last lived together in Bluffton, and your spouse moved to Jasper County. You can generally file in Jasper County (your spouse’s county) or Beaufort County (where you last lived together), as long as you live in South Carolina.
• Your service member spouse received orders out of state, and you stayed in Beaufort County. Your spouse is now likely a nonresident, so you can file where you live. As a civilian, you generally need one full year of South Carolina residence when your spouse no longer lives here.
• You moved back to your home state and your spouse is still stationed here. As a nonresident plaintiff, you must file in the county where your spouse lives.

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. Active-duty service members stationed in South Carolina, such as at MCAS Beaufort or MCRD Parris Island, are treated as residents during their continuous presence here.

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. Our overview of fault and no-fault grounds explains how each is proven. 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 Beaufort County Clerk of Court

Beaufort 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 Beaufort 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 Beaufort County Courthouse at 102 Ribaut Road, Room 119, Beaufort, SC 29901. 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.

Your spouse must then be formally served under SCRCP Rule 4, for example by the sheriff, an adult who is not a party, certified mail with restricted delivery, or a signed acceptance of service. If your spouse is deployed or stationed far away, plan extra time for service and ask a lawyer about the protections that apply to service members in civil cases.

After Filing: Answers, Mediation and Temporary Hearings

After service, a contested Beaufort 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.

Military Families and Beaufort County

Beaufort County had 187,117 residents at the 2020 Census. It is home to Marine Corps Air Station Beaufort and Marine Corps Recruit Depot Parris Island, so many divorces here involve at least one service member.

Military divorces raise issues that civilian cases do not, including dividing military retired pay under the federal Uniformed Services Former Spouses’ Protection Act. A state court may divide it only if it has jurisdiction over the service member under federal law (10 U.S.C. § 1408(c)(4)): the member’s domicile in the state, consent, or residence there for a reason other than a military assignment. Direct payment of the property share by DFAS requires at least 10 years of marriage overlapping 10 years of service. Our page on military divorce explains these issues.

Getting Help With a Beaufort County Case

Warner Law’s office is in Columbia. If your case is in Beaufort County, contact us to ask whether we can help. If you or your spouse is on active duty, mention it when you reach out.

Frequently Asked Questions

I am stationed at Parris Island but my home of record is another state. Can I file in Beaufort County?

Generally yes. Under S.C. Code § 20-3-30, an active-duty service member stationed in South Carolina is treated as a resident during continuous presence here. Venue still depends on where your spouse lives or where you last lived together.

We live on Hilton Head Island. Is our case filed in Beaufort?

Hilton Head Island is in Beaufort County, so a case that belongs in Beaufort County is filed with the Beaufort County Clerk of Court. Ask the clerk where hearings will be held.

Can military retirement be divided in a Beaufort County divorce?

It can, if the court has jurisdiction over the service member under federal law: domicile in South Carolina, consent, or residence here for a reason other than military assignment. Being stationed at Parris Island or MCAS Beaufort alone may not be enough. Whether DFAS pays the former spouse directly depends on the 10-year marriage and service overlap rule.

Is mediation required?

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

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: Beaufort 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
• DFAS: Former Spouses’ Protection Act (USFSPA) legal overview