Filing for Divorce in Colleton County, South Carolina

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

Divorces for Colleton County residents are filed with the Clerk of Court in Walterboro, the county seat, and heard in the Family Court for Colleton County. Colleton is part of the Fourteenth Judicial Circuit, which also includes Allendale, Hampton, Beaufort and Jasper counties. This page covers when a case belongs in Colleton County and how filing works there.

Colleton County at a Glance

Colleton County had 38,604 residents in the 2020 Census. Walterboro is the county seat, and the county runs from inland farm country down to Edisto Beach. Its neighbors include Charleston, Dorchester, Bamberg, Hampton and Beaufort counties.

The Fourteenth Circuit stretches across the Lowcountry. Family court judges assigned to the circuit may hear cases in several of its counties, but a case filed in Colleton County stays in Colleton County.

When Your Case Belongs in Colleton County

S.C. Code § 20-3-60 sets venue for divorce. Here is how it plays out for Colleton County families:

• Your spouse lives in Colleton County. You can file here, even if you have moved to Dorchester or Charleston County.
• You last lived together in Colleton County. If you still live in South Carolina, you can file here even though your spouse has moved to Beaufort or Hampton County.
• Your spouse left South Carolina. If your spouse now lives out of state or can’t be found, you file in the county where you live.

If you live outside South Carolina, you must file in the county where your spouse lives.

Military families in the Fourteenth Circuit

Marine Corps Air Station Beaufort and Marine Corps Recruit Depot Parris Island are in Beaufort County, which is in the same circuit as Colleton. If you or your spouse serves there and your family lives in Colleton County, extra rules can apply. Active-duty members stationed in South Carolina can count that presence as residence under § 20-3-30. Federal law also controls how military retired pay is divided and some timing issues. See our military divorce page.

Residency, Grounds and Waiting Periods

• Residency (§ 20-3-30): one year in South Carolina before filing, or three months if both spouses live in the state when you file. 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. Details: residency requirements.
• Grounds (§ 20-3-10): adultery, one-year desertion, physical cruelty, habitual drunkenness (including drug use), or one year living separate and apart. Read about grounds for divorce in SC.
• Waiting periods (§ 20-3-80): a three-month wait before a final decree in adultery, cruelty and drunkenness cases. One-year separation and desertion cases can go to a final hearing once your spouse answers or is in default. See the waiting period guide.

Filing With the Colleton County Clerk of Court

The county’s website lists the Clerk of Court at 101 Hampton Street in Walterboro, with a mailing address of P.O. Box 620, Walterboro, SC 29488. The Clerk’s office handles family court filings, including divorce. Check the county page or call ahead for current hours.

Your filing usually includes:

1. A summons and complaint for divorce, stating your grounds and any requests about children, support, alimony and property.
2. The filing fee, currently $150 statewide. Confirm with the Clerk. If you can’t afford it, you can ask the court for a fee waiver.
3. Service on your spouse under SCRCP Rule 4, by the sheriff, a non-party adult, certified mail with restricted delivery, or signed acceptance of service. Your spouse then has 30 days to answer.
4. A financial declaration from each spouse on the state form, due by the first hearing or within 45 days of service, whichever is first (Family Court Rule 20).

Our step-by-step guide to filing for divorce in South Carolina explains each document.

Temporary Hearings, Mediation and Final Hearing

If you need short-term decisions while the case is pending, such as temporary custody, child support or use of the home, either side can ask for a temporary hearing. Under Family Court Rule 21, these hearings usually rely on affidavits and financial declarations, not live testimony.

Contested issues generally go to mediation before trial. South Carolina ADR Rule 3 requires mediation in most contested family cases statewide, with exceptions for temporary relief, contempt and some domestic-violence situations. If you reach agreement, a judge reviews it at a final hearing. If you don’t, the judge decides the remaining issues.

For related topics, see the South Carolina Divorce Guide.

Frequently Asked Questions

My spouse moved to Dorchester County. Where should I file?

You can file in Dorchester County, where your spouse lives. If you last lived together in Colleton County and you still live in South Carolina, Colleton County is also an option.

Where is the Colleton County Clerk of Court?

The county’s website lists 101 Hampton Street in Walterboro, mailing address P.O. Box 620, Walterboro, SC 29488. Call before you go to confirm hours.

My spouse is a Marine stationed in Beaufort County. Can I file in Colleton County?

If your spouse lives in Colleton County, or you last lived together there and you still live in South Carolina, you may file here. Military service adds rules on residency, service of papers and retirement pay.

What does it cost to file?

The family court filing fee is currently $150 statewide. Confirm the amount with the Clerk of Court. A fee waiver can be requested if you cannot afford it.

Do we have to go to mediation?

In most contested cases, yes. ADR Rule 3 requires mediation statewide, with some exceptions such as temporary relief and certain domestic-violence situations.

Sources

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