Reviewed by Carrie Warner, Attorney at Law, SC Bar No. 72836 · Last reviewed November 2, 2026
Divorces for Lexington County residents are filed in the Family Court for Lexington County in the town of Lexington, the county seat. Lexington County is part of the 11th Judicial Circuit, which it shares with Edgefield, McCormick and Saluda counties. With about 294,000 residents in the 2020 Census, it includes Lexington, West Columbia, Cayce, Chapin, Gilbert, Swansea, Pelion, Batesburg-Leesville and much of the Irmo and Lake Murray area.
Our South Carolina Divorce Guide explains the statewide process. This page focuses on Lexington County.
Lexington County at a Glance
- County seat: Lexington
- Population: 293,991 (2020 Census)
- Judicial circuit: 11th (Edgefield, Lexington, McCormick, Saluda)
- Courthouse: Lexington County Courthouse, 205 E. Main Street, Lexington, SC 29072, as listed by the South Carolina Judicial Branch
- Clerk of Court: 205 East Main Street, Suite 128, Lexington, SC 29072; phone (803) 785-8212
Lexington or Richland? Check the County, Not the Mailing Address
This is the most common venue question in the Columbia area. Many homes in Lexington County have a “Columbia” mailing address, and parts of the Irmo and Cayce areas fall on each side of the Lexington and Richland county line. Lexington County is in the 11th Circuit and Richland County is in the 5th, so they are separate courts with separate clerks.
Before filing, confirm the county using the property tax record or voter registration for each address that matters: where your spouse lives, where you live, and where you last lived together.
When Does Your Case Belong in Lexington County?
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 where you last lived together as spouses, unless you live outside South Carolina.
- Your spouse lives in Red Bank and you moved to Forest Acres. You can file in Lexington County, where your spouse lives.
- You last lived together in Chapin, and your spouse moved to downtown Columbia. You may file in Lexington County (last shared home, if you are a South Carolina resident) or in Richland County (where your spouse lives).
- You live in West Columbia, but your spouse lives in Richland County and you last lived together there. The case generally goes to Richland County.
- Your spouse moved out of state. You can generally file in Lexington County where you live, as long as you meet residency.
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 live in the state at filing. 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. See our page on residency requirements.
The grounds under S.C. Code § 20-3-10 are adultery, one-year desertion, physical cruelty, habitual drunkenness or drug use, and one year of living separate and apart (the only no-fault ground). Under S.C. Code § 20-3-80, fault cases based on adultery, cruelty or drunkenness cannot reach a final decree until three months after filing. Separation and desertion cases can be heard once the defendant answers or is in default. More on the divorce waiting period.
Filing With the Lexington County Clerk of Court
You start the case by filing a summons and complaint with the Lexington County Clerk of Court. Our step-by-step filing guide explains each form.
- Fee: currently $150 for a family court complaint statewide. Confirm with the Clerk of Court. A fee waiver can be requested if you cannot afford it.
- Service: sheriff or a non-party adult, certified mail restricted delivery, or acceptance of service. The answer is generally due 30 days after service.
- Financial declaration: Form SCCA 430, due by the first hearing or within 45 days of service, whichever comes first.
If either spouse works for the state, a school district or a public university, there may be SCRS or PORS retirement. Those benefits are divided under the state system’s own rules, so list them in your financial declaration.
Temporary Hearings and Mediation
A temporary hearing can set interim custody, support and household arrangements. Under Family Court Rule 21, these hearings are generally decided on affidavits and financial declarations. Parents in a custody dispute each file a parenting plan.
Under ADR Rule 3, mediation is required in most contested divorce cases statewide. A typical case moves from filing and service to the answer, a temporary hearing if needed, discovery, mediation, and then a court-approved settlement or a final hearing in Lexington.
Fort Jackson Families in Lexington County
Fort Jackson is in Richland County, but some soldiers and their families live in Lexington County. Active-duty members stationed in South Carolina can count that continuous presence as residence. Our military divorce page covers retired pay and deployment issues.
Working With a Lawyer From Columbia
Warner Law’s office is in Columbia. If your case is in Lexington County, contact us to ask whether we can help. You can also read our pages on divorce in Lexington, SC and family law in Chapin.
Frequently Asked Questions
My address says Columbia. Am I in Lexington County or Richland County?
A Columbia mailing address can be in either county. Check your property tax record or voter registration to confirm the county before filing.
My spouse moved from Irmo to Richland County. Where do I file?
Generally in Richland County, where your spouse lives. If your last shared home was in Lexington County and you are a South Carolina resident, you may be able to file in Lexington County instead.
Where is the Lexington County Clerk of Court?
The Clerk of Court is at 205 East Main Street, Suite 128, in Lexington, according to the South Carolina Judicial Branch. Call (803) 785-8212 to confirm hours and the current fee.
Is mediation required for a Lexington County divorce?
In most contested cases, yes. ADR Rule 3 requires mediation statewide, with exceptions such as temporary hearings, contempt and some domestic violence cases.
My spouse and I both work for the state. How is SCRS retirement handled?
The part earned during the marriage is generally marital property. State retirement systems accept qualifying court orders under their own rules, so the order should be drafted to meet those requirements.
Sources
- S.C. Code Title 20, Chapter 3 (Divorce), South Carolina Legislature
- Lexington 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 Lexington 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.
