Filing for Divorce in Chesterfield County, South Carolina

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

If you or your spouse lives in Chesterfield County, a South Carolina divorce is usually filed with the Clerk of Court in the town of Chesterfield, the county seat, and heard in the Family Court for Chesterfield County. The county is part of the Fourth Judicial Circuit, which it shares with Darlington, Dillon and Marlboro counties. This page explains when your case belongs in Chesterfield County and what the filing steps look like.

Chesterfield County at a Glance

Chesterfield County had 43,273 residents in the 2020 Census. Besides the town of Chesterfield, it includes Cheraw and Pageland. The county sits on the North Carolina line, so it is common for one spouse to live or work across the state border. That detail matters for where you file, as the next section explains.

Because the Fourth Circuit covers four counties, family court judges assigned to the circuit may hear cases in more than one of them. Your case still stays in the county where it was filed.

When Your Case Belongs in Chesterfield County

South Carolina’s venue statute, S.C. Code § 20-3-60, decides which county’s family court hears a divorce. In plain terms:

• Your spouse lives in Chesterfield County. You can file here, even if you live in Lancaster, Kershaw or another South Carolina county.
• You last lived together as a married couple in Chesterfield County. If you still live in South Carolina, you can file here even if your spouse has since moved to Darlington or Marlboro County.
• Your spouse moved out of state. If your spouse now lives in North Carolina or anywhere else outside South Carolina, or can’t be found, you file in the county where you live. If that is Chesterfield County, this is your court.

There is one limit. If you, the person filing, live outside South Carolina, you must file in the county where your spouse lives. Our guide on divorce when your spouse lives in another state covers the extra questions that come up when one spouse is in North Carolina, such as serving papers across the line.

Residency, Grounds and Waiting Periods

Before you file, check three basics. These are the same in every South Carolina county.

• Residency (§ 20-3-30): you must have lived in South Carolina for at least one year before filing. If both spouses live in South Carolina when you file, you need only three months. 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 divorce residency requirements.
• Grounds (§ 20-3-10): South Carolina allows divorce for adultery, desertion for one year, physical cruelty, habitual drunkenness (including from drug use), or living separate and apart for one year. The last one is the only no-fault ground. Read more about grounds for divorce in SC.
• Waiting periods (§ 20-3-80): in adultery, cruelty and drunkenness cases, the final decree can’t be entered until three months after filing. In one-year separation and desertion cases, the final hearing can happen once your spouse answers or is in default. See the waiting period guide.

Filing With the Chesterfield County Clerk of Court

The Chesterfield County Clerk of Court’s office is at 200 West Main Street in Chesterfield, according to the county’s website. Family court filings for the county go through this office. Call ahead to confirm hours and how the office accepts papers.

A typical filing package includes:

1. A summons and complaint that names the grounds and what you are asking the court to decide, such as custody, support, alimony or property.
2. The filing fee, currently $150 statewide. Confirm the amount with the Clerk of Court. If you can’t afford it, you can ask the court to waive the fee.
3. Any cover sheet or other forms the clerk requires.

After filing, your spouse must be served under SCRCP Rule 4. That can be done by the sheriff, by any adult who is not a party, by certified mail with restricted delivery, or by your spouse signing an acceptance of service. Your spouse then has 30 days to answer. Each side also files a financial declaration on the state form under Family Court Rule 20. Our step-by-step guide on how to file for divorce in South Carolina walks through each document.

Temporary Hearings, Mediation and the Usual Sequence

Many Chesterfield County cases follow a familiar order. You file and serve. If you need decisions right away about the children, the house or support, either side can ask for a temporary hearing. Under Family Court Rule 21, that hearing is usually decided on affidavits and financial declarations, with page limits, rather than live testimony.

If issues are contested, mediation is required in most cases under South Carolina ADR Rule 3. Exceptions include temporary relief, contempt and some domestic-violence situations. Many couples settle at mediation. If they don’t, the case goes to a final hearing. Learn more in Is mediation required in a South Carolina divorce?

For a simple one-year separation case with no children and no property to divide, the SC Judicial Branch publishes self-help forms. They work for some people, but they don’t fit cases with custody, alimony or significant assets.

For the full picture, start at the South Carolina Divorce Guide.

Frequently Asked Questions

My spouse moved to North Carolina. Can I still file in Chesterfield County?

Usually yes, if you live in Chesterfield County and meet the residency rule. When the defendant lives out of state, S.C. Code § 20-3-60 lets you file in the county where you live. Serving papers in North Carolina has its own steps.

We lived together in Cheraw, but now I live in Florence County. Where do I file?

You may be able to file in Chesterfield County because that is where you last lived together, as long as you still live in South Carolina. You could also file where your spouse now lives.

Where is the Chesterfield County Clerk of Court?

The county’s website lists the office at 200 West Main Street in Chesterfield. Call before you go to confirm hours and filing requirements.

How much does it cost to file for divorce in Chesterfield County?

The statewide family court filing fee is currently $150. Confirm it with the Clerk of Court. You can ask for a fee waiver if you cannot afford it.

Is mediation required in Chesterfield County?

Mediation is required in most contested divorce cases in every South Carolina county under ADR Rule 3. Some situations, such as temporary relief and some domestic-violence cases, are exceptions.

Sources

• S.C. Code Title 20, Chapter 3 (Divorce)
• Chesterfield County: Clerk of Court
• SC Judicial Branch: Clerk of Court roster