Reviewed by Carrie Warner, Attorney at Law, SC Bar No. 72836 · Last reviewed November 2, 2026
Divorces that belong in Calhoun County are filed in the Family Court for Calhoun County in St. Matthews, the county seat. Calhoun County is part of the First Judicial Circuit with Orangeburg and Dorchester counties, not the circuits that cover nearby Lexington or Richland counties. This page explains venue and filing here; our South Carolina Divorce Guide covers the statewide law.
When Your Divorce Belongs in Calhoun 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 Calhoun County examples:
- Your spouse lives in St. Matthews, Cameron or elsewhere in Calhoun County. Calhoun County is a proper venue because it is your spouse’s county.
- You last lived together in Calhoun County, and your spouse moved to Lexington County. You can generally file in Lexington County (your spouse’s county) or Calhoun County (where you last lived together), as long as you live in South Carolina. Lexington County is in a different circuit, with a different clerk and schedule.
- Your spouse moved to Orangeburg. Orangeburg County is also in the First Circuit, but it has its own Clerk of Court. Filing there or in Calhoun County depends on the same venue rules.
- Your spouse left the state. You can file where you live, such as Calhoun County, once 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 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 Calhoun County Clerk of Court
Calhoun County divorce papers are filed with the Clerk of Court in St. Matthews. 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 Calhoun 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 Calhoun County Courthouse at 902 South F.R. Huff Drive, St. Matthews, SC 29135. 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, by the sheriff, an adult who is not a party, certified mail with restricted delivery, or a signed acceptance of service.
After Filing: Answers, Mediation and Temporary Hearings
After service, a contested Calhoun County case generally follows this sequence:
- Answer. Your spouse has 30 days after service to answer and may add a counterclaim.
- 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.
- 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.
- Discovery and settlement. Spouses exchange financial information and often reach a written agreement.
- Final hearing. The judge hears the grounds and corroboration, reviews any agreement, and issues a decree.
Calhoun County Context
Calhoun County had 14,119 residents at the 2020 Census, making it the smallest county in the First Circuit by population. It sits between the Midlands and Orangeburg County, and many residents work in Lexington, Richland or Orangeburg counties.
Where you or your spouse works does not decide venue. What counts is where your spouse lives, where you live if your spouse is out of state or cannot be found, and where you last lived together. In a smaller county, family court may not sit every week, so ask the clerk how hearings are scheduled.
Getting Help With a Calhoun County Case
Warner Law’s office is in Columbia. If your case is in Calhoun County, contact us to ask whether we can help. You can read more about Warner Law and its Columbia office on our Columbia divorce and mediation page.
Frequently Asked Questions
Is Calhoun County in the same circuit as Lexington or Richland County?
No. Calhoun County is in the First Judicial Circuit with Orangeburg and Dorchester counties. Lexington and Richland counties are in other circuits.
My spouse moved to Lexington County. Where do I file?
You can generally file in Lexington County, where your spouse lives, or in Calhoun County if you last lived together here and you still live in South Carolina.
Where is the Calhoun County courthouse?
The SC Judicial Branch lists the Calhoun County Courthouse at 902 South F.R. Huff Drive in St. Matthews. Call the Clerk of Court to confirm filing procedures.
What does it cost to file?
The statewide fee for a divorce complaint is currently $150. Confirm it with the Calhoun County Clerk of Court, and ask about a fee waiver if you cannot afford it.
Do I need a lawyer for a Calhoun County divorce?
Not always. The SC Judicial Branch offers self-help forms for simple one-year-separation divorces with no children and no property or debts to divide. Cases with children, property or disagreement usually benefit from legal advice.
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: Calhoun 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
Talk to Warner Law about your situation. If your case is in Calhoun County, contact us to ask whether we can help. Warner Law’s office is at 1405 Calhoun Street in Columbia. Call (803) 692-1072 or request a consultation.
This article is general information about South Carolina law, not legal advice for your case. Reading it does not create an attorney-client relationship. Every case is different, and past results do not guarantee a similar outcome.
