Filing for Divorce in Horry County, South Carolina

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

Divorces for Horry County residents are filed in the Family Court for Horry County, based in Conway, the county seat. Horry County and Georgetown County together make up South Carolina’s 15th Judicial Circuit. With about 351,000 residents in the 2020 Census, Horry is one of the state’s larger counties, and it includes Myrtle Beach, North Myrtle Beach, Surfside Beach, Loris and Aynor as well as Conway.

Our South Carolina Divorce Guide covers the statewide rules. This page explains how they apply when your case is in Horry County.

Horry County at a Glance

• County seat: Conway
• Population: 351,029 (2020 Census)
• Judicial circuit: 15th (Georgetown, Horry)
• Courthouse: Horry County Courthouse, 1301 Second Avenue, Conway, SC 29526, as listed by the South Carolina Judicial Branch
• Clerk of Court mailing address: PO Box 677, Conway, SC 29528; phone (843) 915-5080

Even if you live in Myrtle Beach or North Myrtle Beach, a divorce in Horry County is handled through the Clerk of Court in Conway. Call the clerk’s office to confirm which building handles family court filings and hearings before you go.

New to the Grand Strand? Check Residency First

Many people move to the Grand Strand from other states. That makes South Carolina’s residency rule especially important here. Under S.C. Code § 20-3-30, the spouse filing must have lived in South Carolina for at least one year before filing. If both spouses live in South Carolina when the case is filed, the filing spouse needs only three months. 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.

So if you and your spouse moved to Myrtle Beach together six months ago and both still live here, the three-month rule may apply. If your spouse stayed behind in Ohio and you came alone, you generally need a full year of South Carolina residence. Our page on divorce residency requirements explains how residence is shown.

When Does Your Case Belong in Horry County?

S.C. Code § 20-3-60 sets venue. You file in the county where the defendant lives. If the defendant lives out of state or cannot be found, you file where the plaintiff lives. You may also file where you last lived together as a married couple, unless the plaintiff is a nonresident, in which case it must be the defendant’s county.

• Your spouse lives in Conway and you moved to Georgetown County. You can file in Horry County, where your spouse lives.
• You last lived together in Surfside Beach, then your spouse moved to Florence County. Horry County may still work because it was your last shared home, as long as you are a South Carolina resident.
• Your spouse moved across the state line to North Carolina. Because your spouse is now a nonresident, you can generally file in Horry County where you live. See divorce when your spouse lives in another state.
• You moved back to New Jersey, and your spouse still lives in Loris. As a nonresident plaintiff, you would file in Horry County because that is where your spouse lives, and your spouse must have lived in South Carolina for at least one year.

Grounds and Waiting Periods

South Carolina recognizes five grounds under S.C. Code § 20-3-10: adultery, desertion for one year, physical cruelty, habitual drunkenness or drug use, and one year of living separate and apart without cohabitation. Only the last is no-fault. Read more about fault and no-fault grounds.

Under S.C. Code § 20-3-80, fault cases based on adultery, physical cruelty or habitual drunkenness cannot reach a final decree until three months after filing. One-year separation and desertion cases can move to a final hearing once the defendant answers or is in default. Our article on the South Carolina divorce waiting period has more.

Filing With the Horry County Clerk of Court

You start the case by filing a summons and complaint with the Horry County Clerk of Court. Our step-by-step filing guide explains each document.

1. Prepare the summons and complaint. State the ground and everything you are asking for: custody, support, alimony, property and debts, and any name change.
2. Pay the filing fee. It is currently $150 for a family court complaint statewide. Confirm with the Clerk of Court. If you cannot afford it, you can ask for a fee waiver.
3. Serve your spouse. Service can be by the sheriff or a non-party adult, certified mail restricted delivery, or a signed acceptance of service. Your spouse has 30 days to answer.
4. File your financial declaration (Form SCCA 430) by the first hearing or within 45 days of service, whichever is first, under Family Court Rule 20.

For a simple one-year separation case with no children and nothing to divide, the South Carolina Judicial Branch offers self-help forms.

Temporary Hearings and Mediation

If you need interim orders on custody, support or who stays in the home, you can ask for a temporary hearing. Under Family Court Rule 21, these are generally decided on written affidavits and financial declarations, with page limits, rather than live testimony.

ADR Rule 3 requires mediation in most contested divorce cases in every South Carolina county, including Horry. Many cases settle at mediation, and the agreement is then presented to a judge for approval. If not, the case moves toward a final hearing in Conway.

Working With a Lawyer From Columbia

Warner Law’s office is in Columbia. If your case is in Horry County, contact us to ask whether we can help.

Frequently Asked Questions

I live in Myrtle Beach. Do I file in Myrtle Beach or Conway?

Horry County family court cases are filed with the Horry County Clerk of Court, whose mailing address is in Conway. Call the clerk at (843) 915-5080 to confirm the correct filing location.

We moved to Horry County from another state four months ago. Can we divorce here?

If both of you live in South Carolina when the case is filed, the filing spouse needs only three months of residence. If only you live here, you generally need one full year.

My spouse moved to Georgetown County. Is that a different court?

Georgetown County has its own Family Court, though it shares the 15th Judicial Circuit with Horry. You can generally file where your spouse lives, or in Horry County if it was your last shared home and you are a South Carolina resident.

Is mediation required for a divorce in Horry County?

In most contested cases, yes. South Carolina ADR Rule 3 requires mediation statewide, with exceptions such as temporary hearings, contempt and some domestic violence cases.

What does it cost to file for divorce in Horry County?

The family court filing fee for a complaint is currently $150 statewide. Confirm the amount with the Clerk of Court, and ask about a fee waiver if you cannot afford it.

Sources

• S.C. Code Title 20, Chapter 3 (Divorce), South Carolina Legislature
• Horry County courthouse and Clerk of Court, South Carolina Judicial Branch
• Family Court filing fees, South Carolina Judicial Branch