Filing for Divorce in Darlington County, South Carolina

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

For Darlington County residents, a divorce is filed with the Clerk of Court in the city of Darlington, the county seat, and heard in the Family Court for Darlington County. Darlington is one of four counties in the Fourth Judicial Circuit, along with Chesterfield, Dillon and Marlboro. This page explains when your case belongs in Darlington County and what the filing process looks like.

Darlington County at a Glance

Darlington County had 62,905 residents in the 2020 Census, making it the largest county in the Fourth Circuit. Hartsville, Lamar and Society Hill are in the county along with the city of Darlington. Many residents live in Hartsville, but divorce papers are still filed with the county Clerk of Court in Darlington.

Neighboring counties include Florence, Lee, Chesterfield and Marlboro. Because people often live in one of these counties and work in another, venue questions come up often.

When Your Case Belongs in Darlington County

Under S.C. Code § 20-3-60, you can file in one of these places:

• The county where your spouse lives. If your spouse lives in Hartsville and you have moved to Florence, Darlington County is a proper place to file.
• The county where you last lived together as spouses. If your marital home was in Darlington County and you still live in South Carolina, you can file here even if your spouse moved to Chesterfield County.
• Your own county, if your spouse lives out of state or can’t be found. If you live in Darlington County, this is your court.

If you live outside South Carolina, you must file in the county where your spouse lives. If you are unsure, our guide on divorcing a spouse you cannot find covers what happens when your spouse’s address is unknown.

Residency, Grounds and Waiting Periods

These rules are statewide, so they apply the same way in Darlington County as anywhere else:

• Residency (§ 20-3-30): at least one year in South Carolina before filing, or three months if both spouses live here 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 residency requirements.
• Grounds (§ 20-3-10): adultery, desertion for one year, physical cruelty, habitual drunkenness or drug use, or one year living separate and apart without cohabitation. See fault and no-fault grounds.
• Waiting periods (§ 20-3-80): no final decree until three months after filing in adultery, cruelty and drunkenness cases. One-year separation and desertion cases can be heard once your spouse answers or is in default. See the waiting period guide.

Judges generally expect the grounds, including your separation date, to be supported by a witness other than you and your spouse, or by other evidence.

Filing With the Darlington County Clerk of Court

The county’s website lists the Clerk of Court at 110 N. Main Street in Darlington. It lists a separate phone line for Family Court. Call ahead to confirm where to file and the office’s hours.

A typical filing includes:

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

See how to file for divorce in South Carolina for a walk-through of each step.

Temporary Hearings, Mediation and the Usual Sequence

Many cases have a temporary hearing early on to set custody, support and similar issues while the case is pending. Under Family Court Rule 21, these hearings are usually decided on affidavits and financial declarations, with strict page limits.

If issues stay contested, the case usually goes to mediation. South Carolina ADR Rule 3 requires it in most contested family cases, with exceptions for temporary relief, contempt and some domestic-violence situations. Read more in Is mediation required in a South Carolina divorce? Cases that settle end with a short final hearing. Those that don’t go to trial before a family court judge.

Find more topics in the South Carolina Divorce Guide.

Frequently Asked Questions

I live in Hartsville. Do I file in Hartsville or Darlington?

Divorce papers are filed with the Darlington County Clerk of Court, which the county lists at 110 N. Main Street in Darlington. Call the office to confirm where to deliver papers.

My spouse moved to Florence County. Where do I file?

You can file in Florence County, where your spouse lives. If you last lived together in Darlington County and you still live in South Carolina, you can also file in Darlington County.

How much is the filing fee?

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

Do I need a witness for my divorce?

Judges generally expect a witness other than you and your spouse, or other evidence, to back up the grounds and your separation date. Practice varies by judge, so ask an attorney what to bring.

Is my case heard by a Darlington County judge?

Family court judges are assigned within the Fourth Circuit and may sit in more than one of its counties. Your case stays in Darlington County Family Court.

Sources

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