Reviewed by Carrie Warner, Attorney at Law, SC Bar No. 72836 · Last reviewed November 2, 2026
If you live in McCormick County, your divorce is generally filed in the Family Court for McCormick County in the town of McCormick, the county seat. McCormick County is part of the 11th Judicial Circuit with Edgefield, Lexington and Saluda counties. With 9,526 residents in the 2020 Census, it is one of the least populous counties in South Carolina, and it borders Georgia along Lake Thurmond.
See our South Carolina Divorce Guide for statewide rules. This page explains the McCormick County details.
McCormick County at a Glance
- County seat: McCormick
- Population: 9,526 (2020 Census)
- Judicial circuit: 11th (Edgefield, Lexington, McCormick, Saluda)
- Courthouse: McCormick County Courthouse, 133 South Mine Street, Room 102, McCormick, SC 29835, as listed by the South Carolina Judicial Branch
- Clerk of Court: 133 S. Mine Street, Suite 102, McCormick, SC 29835; phone (864) 852-2195
In a small county, the family court may not sit every week. Judges in the 11th Circuit also hear cases in Edgefield, Saluda and Lexington, so ask the Clerk of Court how hearings are scheduled.
When Does Your Case Belong in McCormick 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 in the county where you last lived together as spouses, unless you live outside South Carolina.
- Your spouse lives in Plum Branch and you moved to Greenwood. You can file in McCormick County, where your spouse lives.
- Your spouse moved across the lake to Georgia. Your spouse is a nonresident now, so you can generally file in McCormick County where you live. See divorce when your spouse lives in another state.
- You moved to Augusta and your spouse stayed in McCormick. As a nonresident plaintiff, you must file where your spouse lives, which is McCormick County.
- You live in McCormick County, but your spouse lives in Abbeville County and you last lived together there. The case would generally go to Abbeville County, which is in a different circuit.
Residency, Grounds and Waiting Periods
Under S.C. Code § 20-3-30, the spouse filing must have lived in South Carolina for one year, 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. Couples who recently moved to the lake area from another state should check this first. See residency requirements.
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. 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. Our article on the divorce waiting period explains more.
Filing With the McCormick County Clerk of Court
A divorce begins with a summons and complaint filed with the McCormick County Clerk of Court. Our step-by-step filing guide explains each form.
- Filing fee: currently $150 statewide. Confirm with the Clerk of Court. You can request a fee waiver if you cannot afford it.
- Service: sheriff or another non-party adult, certified mail restricted delivery, or acceptance of service. Your spouse generally has 30 days to answer.
- Financial declaration: Form SCCA 430, due by the first hearing or within 45 days of service, whichever comes first.
The South Carolina Judicial Branch publishes self-help forms for simple one-year separation divorces with no children and nothing to divide.
Divorcing Later in Life
If you are divorcing after a long marriage, retirement accounts, pensions, Social Security and health insurance often matter more than in a shorter marriage. Our guide to divorce after 50 covers these issues, including the 10-year marriage rule for Social Security benefits on an ex-spouse’s record.
Temporary Hearings and Mediation
Either spouse can ask for a temporary hearing on support, the home or custody while the case is pending. Under Family Court Rule 21, it is generally decided on affidavits and financial declarations rather than live testimony.
ADR Rule 3 requires mediation in most contested divorce cases in every county, including McCormick. The usual order is filing and service, the answer, a temporary hearing if needed, 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 McCormick County, contact us to ask whether we can help.
Frequently Asked Questions
My spouse moved to Georgia. Can I file in McCormick County?
Usually, yes. When your spouse lives outside South Carolina, you can generally file where you live, as long as you have lived in South Carolina for at least one year.
We retired to McCormick County last year from another state. 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 one of you lives here, a filing spouse who lives here generally needs a full year; a spouse who has moved away can file only if the other spouse has lived here at least a year.
Where is the McCormick County Clerk of Court?
The South Carolina Judicial Branch lists the Clerk of Court at 133 S. Mine Street, Suite 102, in McCormick. Call (864) 852-2195 to confirm hours and the current fee.
My spouse lives in Edgefield County. Is that the same court?
No. Edgefield County has its own Family Court and Clerk of Court, though it is in the same 11th Circuit. You can generally file where your spouse lives, or in McCormick County if it was your last shared home and you are a South Carolina resident.
Is mediation required in McCormick County?
In most contested cases, yes. South Carolina ADR Rule 3 requires mediation statewide, with exceptions such as temporary hearings and some domestic violence cases.
Sources
- S.C. Code Title 20, Chapter 3 (Divorce), South Carolina Legislature
- McCormick 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 McCormick 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.
