Reviewed by Carrie Warner, Attorney at Law, SC Bar No. 72836 · Last reviewed November 2, 2026
If your divorce belongs in Cherokee County, it is filed in the Family Court for Cherokee County in Gaffney, the county seat. Cherokee County shares the Seventh Judicial Circuit with Spartanburg County. This page covers venue and filing for Cherokee County cases; our South Carolina Divorce Guide covers the statewide law.
When Your Divorce Belongs in Cherokee 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 Cherokee County examples:
- Your spouse lives in Gaffney, Blacksburg or elsewhere in Cherokee County. Cherokee County is a proper venue because it is your spouse’s county.
- Your spouse moved across the state line to Shelby or Kings Mountain, North Carolina. Your spouse is now a nonresident, so you can file where you live. If that is Cherokee County and you meet the residency rule, you file here.
- You last lived together in Gaffney, and your spouse moved to Spartanburg County. You can generally file in Spartanburg County or Cherokee County, as long as you live in South Carolina. Both are in the Seventh Circuit but have separate clerks.
- You moved to North Carolina and your spouse stayed in Cherokee County. As a nonresident plaintiff, you must file in your spouse’s county.
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. A spouse who has moved out of state can still file in South Carolina if the other 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. 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 Cherokee County Clerk of Court
Cherokee County divorce papers are filed with the Clerk of Court in Gaffney. 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 Cherokee 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 Cherokee County Courthouse at 125 East Floyd Baker Blvd, Gaffney, SC 29340. 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. If your spouse lives in North Carolina, service rules and the court’s authority over support and property raise extra questions. Our guide on divorce when your spouse lives in another state explains the options.
After Filing: Answers, Mediation and Temporary Hearings
A contested Cherokee County case generally follows this sequence 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.
Cherokee County Context
Cherokee County had 56,216 residents at the 2020 Census. It sits on the North Carolina line along the I-85 corridor between Spartanburg and Charlotte, so it is common for spouses to live or work in two states.
If your spouse lives in North Carolina, you need one full year of South Carolina residence before filing, because the three-month rule applies only when both spouses live in South Carolina. Also think about where the children have lived, since custody jurisdiction between states follows its own rules.
Getting Help With a Cherokee County Case
Warner Law’s office is in Columbia. If your case is in Cherokee County, contact us to ask whether we can help. If your spouse lives in North Carolina, mention it when you reach out.
Frequently Asked Questions
My spouse moved to North Carolina. Can I file in Cherokee County?
Generally yes, if you live in Cherokee County and have lived in South Carolina for at least one year. When the defendant is a nonresident, S.C. Code § 20-3-60 points to the plaintiff’s county.
Where is the Cherokee County courthouse?
The SC Judicial Branch lists the Cherokee County Courthouse at 125 East Floyd Baker Blvd in Gaffney. Call the Clerk of Court to confirm filing procedures.
Do I file in Spartanburg because we are in the same circuit?
No. Each county has its own Clerk of Court. You file in the county that venue rules point to, which may be Cherokee County or Spartanburg County depending on where each of you lives.
How much is the filing fee?
The statewide fee for a divorce complaint is currently $150. Confirm it with the clerk, and ask about a fee waiver if you cannot afford it.
Is mediation required?
In most contested cases, yes, 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: Cherokee 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 Cherokee 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.
