Reviewed by Carrie Warner, Attorney at Law, SC Bar No. 72836 · Last reviewed November 2, 2026
Divorces for Kershaw County residents are filed in the Family Court for Kershaw County in Camden, the county seat. Kershaw County is part of the 5th Judicial Circuit, which it shares with Richland County, so family court judges assigned to the 5th Circuit hear cases in both Camden and Columbia. Communities in the county include Camden, Lugoff, Elgin, Bethune and the area around Lake Wateree.
For statewide rules, see our South Carolina Divorce Guide. This page covers what is specific to Kershaw County.
Kershaw County at a Glance
- County seat: Camden
- Population: 65,403 (2020 Census)
- Judicial circuit: 5th (Kershaw, Richland)
- Courthouse: Kershaw County Courthouse, 1121 Broad Street, Camden, SC 29020, as listed by the South Carolina Judicial Branch
- Clerk of Court mailing address: PO Box 1557, Camden, SC 29021; phone (803) 425-7223
Kershaw or Richland? Applying the Venue Rule
Many Kershaw County residents work in Columbia, and many couples have lived on both sides of the county line. Because Kershaw and Richland share a circuit, people sometimes assume it does not matter where they file. It does. Each county has its own Clerk of Court and docket.
Under S.C. Code § 20-3-60, you file where the defendant lives. If the defendant lives outside South Carolina or cannot be found, you file where you live. You can also file in the county where you last lived together as spouses, unless you live outside South Carolina.
- Your spouse lives in Lugoff and you moved to Columbia. You can file in Kershaw County, where your spouse lives.
- You last lived together in Elgin, then your spouse moved to Northeast Richland. You can file in Kershaw County (your last shared home, if you are a South Carolina resident) or in Richland County (where your spouse lives).
- Your spouse moved to Lancaster County and you live in Camden, but you last lived together in Lancaster County. Kershaw County generally would not be the right venue. Lancaster County would.
- Your spouse moved out of state. You can generally file in Kershaw County where you live. See spouse lives in another state.
Residency, Grounds and Waiting Periods
Under S.C. Code § 20-3-30, the filing spouse needs one year of South Carolina residence, or three months if both spouses are residents at filing. If you live outside South Carolina, you can still file here if your spouse has lived in South Carolina for at least one year. Our residency guide explains how this is shown.
The five grounds under S.C. Code § 20-3-10 are adultery, one-year desertion, physical cruelty, habitual drunkenness or drug use, and one year of separation without cohabitation (the only no-fault ground). If you plan to rely on separation, read our article on the one-year separation rule.
Under S.C. Code § 20-3-80, adultery, cruelty and drunkenness cases cannot end in a final decree until three months after filing. Separation and desertion cases can be heard once the defendant answers or is in default. See the divorce waiting period for details.
Filing With the Kershaw County Clerk of Court
You open the case by filing a summons and complaint with the Kershaw County Clerk of Court in Camden. Our step-by-step filing guide describes each document.
- Filing fee: currently $150 statewide. Confirm with the Clerk of Court. A fee waiver can be requested if you cannot afford it.
- Service: by the sheriff or another non-party adult, certified mail restricted delivery, or an acceptance of service your spouse signs.
- Answer deadline: generally 30 days after service.
- Financial declaration: Form SCCA 430, due by the first hearing or within 45 days of service, whichever comes first (Family Court Rule 20).
Temporary Hearings, Mediation and the Usual Order of Events
If you need interim orders on custody, support, the house or the bills, you can request a temporary hearing. Under Family Court Rule 21, it is generally decided on affidavits and financial declarations. Parents with a custody dispute each file a parenting plan.
Mediation is required in most contested divorce cases in every county under ADR Rule 3. Our page on mandatory mediation explains what to expect. The usual order is filing and service, the answer, any temporary hearing, discovery, mediation, and then either a settlement approved by the court or a final hearing.
Fort Jackson Families
Fort Jackson is in neighboring Richland County, and some soldiers and their families live in Kershaw County. A service member stationed in South Carolina can count that continuous presence as residence. Venue still depends on where each spouse lives. Our military divorce page covers retirement pay and deployment issues.
Working With a Lawyer From Columbia
Warner Law’s office is in Columbia. If your case is in Kershaw County, contact us to ask whether we can help.
Frequently Asked Questions
Kershaw and Richland are in the same circuit. Can I file in either one?
Not automatically. Venue depends on where your spouse lives, where you last lived together, and where you live if your spouse is out of state. Each county has its own Clerk of Court.
My spouse moved from Camden to Columbia. Where should I file?
You may be able to file in Kershaw County if that is where you last lived together and you are a South Carolina resident, or in Richland County where your spouse now lives.
Where is the courthouse for a Kershaw County divorce?
The South Carolina Judicial Branch lists the Kershaw County Courthouse at 1121 Broad Street in Camden. Call the Clerk of Court at (803) 425-7223 to confirm where to file.
Does Kershaw County require mediation?
Yes, in most contested divorce cases. ADR Rule 3 applies statewide, with exceptions for temporary hearings, contempt and some domestic violence cases.
My spouse is stationed at Fort Jackson. Does that affect where we file?
The base location does not set venue. What matters is where each spouse lives and where you last lived together. Military rules add federal issues such as retirement pay division.
Sources
- S.C. Code Title 20, Chapter 3 (Divorce), South Carolina Legislature
- Kershaw County courthouse and Clerk of Court, South Carolina Judicial Branch
- Family Court filing fees, South Carolina Judicial Branch
Talk to Warner Law about your situation. If your divorce will be filed in Kershaw County Family Court, contact us to ask whether we can help. Warner Law’s 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.
