Reviewed by Carrie Warner, Attorney at Law, SC Bar No. 72836 · Last reviewed November 2, 2026
Divorces for Charleston County residents are filed in the Family Court for Charleston County in the city of Charleston, the county seat. Charleston County shares the Ninth Judicial Circuit with Berkeley County. Below is how venue and filing work for Charleston County cases, with links to our South Carolina Divorce Guide for the statewide rules.
When Your Divorce Belongs in Charleston 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 Charleston County examples:
- Your spouse lives in Mount Pleasant, West Ashley, James Island or Johns Island. These areas are in Charleston County, so it is a proper venue.
- Your spouse lives in North Charleston. North Charleston extends into Charleston, Dorchester and Berkeley counties. Confirm which county the address is in before you file.
- You last lived together in Mount Pleasant, and your spouse moved to Moncks Corner. You can generally file in Berkeley County (your spouse’s county) or Charleston County (where you last lived together), as long as you live in South Carolina.
- Your spouse moved to another state. You can file where you live, such as Charleston 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 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 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 Charleston County Clerk of Court
Charleston 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 Charleston 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 Charleston County Courthouse at 100 Broad Street, Suite 143, Charleston, SC 29401. 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, 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
A contested Charleston County case usually moves through these stages after service:
- 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.
Charleston County Context
Charleston County had 408,235 residents at the 2020 Census, making it one of the most populous counties in South Carolina. With several cities and towns crossing county lines, the address question above matters more here than in many counties.
Joint Base Charleston has facilities in both Charleston and Berkeley counties. When one spouse is in the military, issues such as dividing military retired pay, deployments and parenting plans may need special attention. Our military divorce page explains them.
Getting Help With a Charleston County Case
Warner Law’s office is in Columbia. If your case is in Charleston County, contact us to ask whether we can help. If your spouse lives in North Charleston, Summerville or another town that crosses county lines, mention it when you reach out.
Frequently Asked Questions
My spouse lives in North Charleston. Do I file in Charleston County?
Maybe. North Charleston crosses into Dorchester and Berkeley counties. Confirm the county for your spouse’s address before choosing where to file.
Where is the Charleston County family court?
The SC Judicial Branch lists the Charleston County Courthouse at 100 Broad Street, Suite 143, in Charleston. Call the Clerk of Court to confirm where to file and where your hearing will be held.
My spouse moved to Moncks Corner. Can I still file in Charleston County?
Generally yes, if you last lived together in Charleston County and you still live in South Carolina. Berkeley County, where your spouse lives, is also an option.
How long does a Charleston County divorce take?
It depends on the ground and how contested the case is. A divorce based on adultery, physical cruelty or habitual drunkenness cannot be final until three months after filing. A no-fault case requires one year of separation first.
Can I ask for temporary support while the case is pending?
Yes. Either spouse can request a temporary hearing on support, custody or use of the home. These hearings are generally decided on affidavits and financial declarations.
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: Charleston 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 Charleston 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.
