Reviewed by Carrie Warner, Attorney at Law, SC Bar No. 72836 · Last reviewed November 2, 2026
Divorces for Marlboro County residents are filed in the Family Court for Marlboro County in Bennettsville, the county seat. Marlboro County is part of the 4th Judicial Circuit, together with Chesterfield, Darlington and Dillon counties. The county borders North Carolina, so it is common for one spouse to live or work across the state line.
Our South Carolina Divorce Guide covers the statewide rules. This page explains how they apply in Marlboro County.
Marlboro County at a Glance
- County seat: Bennettsville
- Population: 26,667 (2020 Census)
- Judicial circuit: 4th (Chesterfield, Darlington, Dillon, Marlboro)
- Courthouse: Marlboro County Courthouse, 105 Main Street, Bennettsville, SC 29512, as listed by the South Carolina Judicial Branch
- Clerk of Court mailing address: PO Drawer 996, Bennettsville, SC 29512; phone (843) 479-5615
A Spouse Across the State Line
When one spouse lives in North Carolina, the first question is whether a South Carolina court can grant the divorce. Under S.C. Code § 20-3-30, the spouse filing must have lived in South Carolina for at least one year. If both spouses are South Carolina residents at filing, the filing spouse needs only three months. If you live outside South Carolina, you can still file here if your spouse has lived in South Carolina for at least one year. Residency is about where you actually live, not where you work. Our residency requirements page explains how it is proven.
A South Carolina court can generally grant the divorce itself when the § 20-3-30 residency rule is met. Deciding alimony or property claims against a spouse who lives in another state can raise separate questions about the court’s power over that spouse. Our guide on divorce when your spouse lives in another state explains why.
When Does Your Case Belong in Marlboro 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 McColl and you moved to Darlington County. You can file in Marlboro County, where your spouse lives.
- Your spouse moved to North Carolina and you still live in Bennettsville. Because your spouse is now a nonresident, you can generally file in Marlboro County.
- You moved to North Carolina and your spouse stayed in Clio. As a nonresident plaintiff, you must file where your spouse lives, which is Marlboro County.
- You live in Marlboro County, your spouse lives in Dillon County, and you last lived together in Dillon. The case generally goes to Dillon County, even though both are in the 4th Circuit.
Grounds and Waiting Periods
South Carolina’s 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 living separate and apart. Only the last is no-fault. If you plan to rely on separation, our page on the one-year separation rule explains how the date is shown.
Under S.C. Code § 20-3-80, adultery, cruelty and drunkenness cases 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. See the waiting period article.
Filing With the Marlboro County Clerk of Court
A divorce starts with a summons and complaint filed with the Marlboro County Clerk of Court in Bennettsville. Our step-by-step filing guide lists each document.
- Fee: currently $150 statewide for a family court complaint. Confirm with the Clerk of Court. A fee waiver can be requested if you cannot pay.
- Service: sheriff or another non-party adult, certified mail restricted delivery, or acceptance of service. For a spouse in North Carolina, certified mail restricted delivery or an acceptance of service is often practical.
- Answer: generally due 30 days after service.
- Financial declaration: Form SCCA 430, by the first hearing or within 45 days of service, whichever comes first.
For a simple one-year separation case with no children and no property or debt to divide, the South Carolina Judicial Branch publishes self-help forms.
Temporary Hearings and Mediation
Either spouse can ask for a temporary hearing to set interim custody, support and household arrangements. Under Family Court Rule 21, it is generally decided on affidavits and financial declarations. Parents in a custody dispute each file a parenting plan.
Mediation is required in most contested divorce cases statewide under ADR Rule 3. A typical sequence is filing and service, the answer, any temporary hearing, discovery, mediation, and then a court-approved settlement or a final hearing.
Working With a Lawyer From Columbia
Warner Law’s office is in Columbia. If your case is in Marlboro County, contact us to ask whether we can help.
Frequently Asked Questions
My spouse lives in North Carolina. Can I file in Marlboro County?
Usually, yes. If your spouse lives outside South Carolina, you can generally file in the county where you live, as long as you have lived in South Carolina for at least one year.
I moved to North Carolina. Can I still file in South Carolina?
Possibly. Yes, if your spouse has lived in South Carolina for at least one year. As a nonresident plaintiff, you would file in the county where your spouse lives, such as Marlboro County.
Where is the Marlboro County courthouse?
The South Carolina Judicial Branch lists the Marlboro County Courthouse at 105 Main Street in Bennettsville. Call the Clerk of Court at (843) 479-5615 to confirm filing details.
My spouse moved to Dillon County. Where do I file?
Generally in Dillon County, where your spouse lives. You may be able to file in Marlboro County if that is where you last lived together and you are a South Carolina resident.
Does Marlboro County require mediation?
Yes, in most contested divorce cases, under South Carolina ADR Rule 3. Exceptions include temporary hearings, contempt and some domestic violence cases.
Sources
- S.C. Code Title 20, Chapter 3 (Divorce), South Carolina Legislature
- Marlboro 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 Marlboro 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.
