Reviewed by Carrie Warner, Attorney at Law, SC Bar No. 72836 · Last reviewed November 2, 2026
Divorces for Dorchester County residents are filed with the Dorchester County Clerk of Court and heard in the Family Court for Dorchester County. The county seat is St. George. Dorchester is part of the First Judicial Circuit, which it shares with Calhoun and Orangeburg counties. This page explains which cases belong in Dorchester County and how filing works.
Dorchester County at a Glance
Dorchester County had 161,540 residents in the 2020 Census, making it the largest county in the First Circuit by a wide margin. Most residents live in and around Summerville, a town that crosses into Berkeley and Charleston counties. St. George, Ridgeville and Harleyville are in the more rural western part of the county.
That split matters. Many Summerville-area families live close to a county line, and the county you live in, not your mailing address or town name, decides where you file. If you are not sure whether your home is in Dorchester, Berkeley or Charleston County, check your property tax bill or the county’s GIS map.
When Your Case Belongs in Dorchester County
Venue is governed by S.C. Code § 20-3-60. Examples:
- Your spouse lives in the Dorchester County part of Summerville. You can file here, even if you moved to North Charleston or Goose Creek.
- You last lived together in Dorchester County. If you still live in South Carolina, you can file here even if your spouse now lives in Berkeley or Charleston County.
- Your spouse moved out of state or can’t be found. You file where you live. If that is Dorchester County, file here.
If you live outside South Carolina, you must file in the county where your spouse lives.
Military families
Joint Base Charleston sits in neighboring Charleston and Berkeley counties. If you or your spouse is stationed there and you live in Dorchester County, a few added rules can matter. Under § 20-3-30, active-duty members stationed in South Carolina can count their continuous presence as residence. Federal law also affects military retired pay and some court deadlines for service members. 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 here 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. Families who moved to Summerville recently should check this first. See residency requirements.
Grounds (§ 20-3-10): adultery, desertion for one year, physical cruelty, habitual drunkenness or drug use, and one year of living separate and apart. Read about fault and no-fault grounds.
Waiting periods (§ 20-3-80): three months from filing before a final decree 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.
Filing With the Dorchester County Clerk of Court
Dorchester County has court facilities in more than one part of the county. Before you go, check the county’s Clerk of Court or Family Court web page, or call the Clerk’s office, to confirm which location handles Family Court filings and its current hours.
- Summons and complaint. These start the case and say what you are asking for on custody, support, alimony and property.
- Filing fee. Currently $150 statewide. Confirm with the Clerk of Court. A fee waiver can be requested if you can’t afford it.
- Service. Under SCRCP Rule 4, by the sheriff, a non-party adult, certified mail with restricted delivery, or signed acceptance. Your spouse has 30 days to answer.
- Financial declaration. Each spouse files one on the state form, by the first hearing or within 45 days of service, whichever is first (Family Court Rule 20).
Our guide on how to file for divorce in South Carolina explains each step.
Temporary Hearings, Mediation and Final Hearing
Either spouse can ask for a temporary hearing to set custody, child support, temporary alimony or use of the home while the case is pending. Under Family Court Rule 21, the judge usually decides on affidavits and financial declarations, with page limits, rather than live testimony.
Contested issues generally go to mediation first. ADR Rule 3 requires it in most contested family cases statewide, with exceptions such as temporary relief and some domestic-violence situations. If you settle, a judge reviews the agreement at a final hearing. If not, the judge decides.
Explore related topics in the South Carolina Divorce Guide.
Frequently Asked Questions
I live in Summerville. Is my divorce filed in Dorchester County?
Only if your home is in the Dorchester County part of Summerville, or another venue rule points there. Summerville also reaches into Berkeley and Charleston counties, so check which county your address is in.
My spouse moved to Berkeley County. Where do I file?
You can file in Berkeley County, where your spouse lives. If you last lived together in Dorchester County and still live in South Carolina, you can also file in Dorchester County.
My spouse is stationed at Joint Base Charleston. Does that affect residency?
It can. Active-duty members stationed in South Carolina can count their continuous presence here as residence under S.C. Code § 20-3-30. Federal rules may also affect timing and retirement pay.
Where do I file in Dorchester County?
With the Dorchester County Clerk of Court. The county has court facilities in more than one location, so confirm with the Clerk’s office which one handles Family Court filings.
How much does it cost to file?
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.
Sources
Talk to Warner Law about your situation. Warner Law’s office is in Columbia. If your case is in Dorchester County, contact us to ask whether we can help. The 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.
