Reviewed by Carrie Warner, Attorney at Law, SC Bar No. 72836 · Last reviewed November 2, 2026
If you live in Newberry County and want a divorce, your case will usually be filed in the Family Court for Newberry County, which sits in the city of Newberry, the county seat. Newberry County is part of South Carolina’s Eighth Judicial Circuit, along with Abbeville, Greenwood and Laurens counties. This page explains when a case belongs in Newberry County and what filing there generally involves. It is one of the county pages in our South Carolina Divorce Guide.
When Your Divorce Belongs in Newberry County
Which county hears a divorce is called “venue.” South Carolina sets the rule in S.C. Code § 20-3-60. In plain terms, a divorce may be filed in:
- the county where the defendant (the spouse being sued) lives;
- the county where the plaintiff (the spouse filing) lives, if the defendant lives outside South Carolina or cannot be found after a diligent search; or
- the county where the two of you last lived together as spouses, unless the plaintiff lives outside South Carolina. In that case, the filing must be in the defendant’s county.
Newberry County sits between the Midlands and the Upstate, and it shares borders with Richland, Lexington, Saluda, Laurens, Union and Fairfield counties, among others. That means many couples here live, work or move across county lines. Some examples of how the rule plays out:
- Your spouse still lives in the family home in Prosperity or Whitmire. Both towns are in Newberry County, so Newberry County is the defendant’s county and a proper place to file.
- You both lived in Newberry, and your spouse moved to Laurens County. Laurens County is now the defendant’s county. Newberry County may still work because it is where you last lived together, as long as you live in South Carolina.
- Your spouse moved to North Carolina. If you live in Newberry County, you can generally file here, because the defendant is a nonresident. Getting orders about support or property against an out-of-state spouse raises separate questions, covered in our guide to divorce when your spouse lives in another state.
More than one county can be proper in the same case. If you are unsure, ask an attorney before you file, because the wrong county can mean delay.
Residency, Grounds and Waiting Periods
Venue decides the county. Two other rules decide whether you can file at all and when the case can end.
- Residency (S.C. Code § 20-3-30): the filing spouse must have lived in South Carolina for at least one year. If both spouses live in South Carolina when the case is filed, the plaintiff needs only three months. If you are the one who moved away, you can still file in South Carolina when your spouse has lived here for at least one year. See South Carolina divorce residency requirements.
- Grounds (S.C. Code § 20-3-10): adultery, desertion for one year, physical cruelty, habitual drunkenness (including narcotic drug use), or living separate and apart for one year without cohabitation. The last one is the only no-fault ground. Our page on grounds for divorce in SC explains each.
- Waiting periods (S.C. Code § 20-3-80): in adultery, physical cruelty and habitual drunkenness cases, no final decree may be issued until three months after filing. One-year separation and desertion cases can be heard once the defendant answers or is in default.
Filing With the Newberry County Clerk of Court
Divorces start with paperwork filed through the Clerk of Court. The SC Judicial Branch lists the Newberry County Courthouse at 1226 College Street, Newberry, SC 29108, and the Clerk of Court’s office phone as (803) 321-2110. Call ahead to confirm hours and filing steps.
A typical filing package includes:
- a summons and a complaint stating your grounds and what you are asking the court to decide (custody, support, property, debts, alimony, a name change);
- a cover sheet and any other forms the clerk requires; and
- the filing fee, which is currently $150 statewide. Confirm the amount with the Clerk of Court. If you cannot afford it, you can ask the court to waive the fee.
After filing, your spouse must be served under SCRCP Rule 4, for example by a sheriff’s deputy or another adult who is not a party, by certified mail with restricted delivery, or by your spouse signing an acceptance of service. Your spouse then has 30 days to answer. Each spouse must also file a financial declaration on the state form (SCCA 430) by the first hearing or within 45 days of service, whichever comes first. Our step-by-step guide to filing for divorce in South Carolina walks through each document.
Mediation, Temporary Hearings and What Usually Comes Next
If you and your spouse disagree about custody, support, property or alimony, South Carolina’s ADR Rule 3 requires mediation in most contested domestic cases, including in Newberry County. Exceptions include requests for temporary relief and some domestic-violence situations. Read more in Is Mediation Required in a South Carolina Divorce?
Many cases also have a temporary hearing early on. A family court judge can set temporary custody, support and use of the home while the case is pending. These hearings are usually decided on affidavits and financial declarations rather than live testimony. Our guide to temporary hearings in South Carolina family court explains how to prepare.
A common sequence looks like this: filing and service, the answer, a temporary hearing if needed, exchange of financial information, mediation, and then either a settlement approved by the court or a final hearing. Family court judges are assigned within the Eighth Circuit, so your judge may also sit in Greenwood, Laurens or Abbeville.
About Newberry County
Newberry County had 37,719 residents in the 2020 Census. Its county seat, Newberry, is home to Newberry College. Part of Lake Murray lies along the county’s southern edge, so couples with lake property may also have ties to Lexington, Saluda or Richland counties. Where the property sits does not by itself decide venue; the § 20-3-60 rules above do.
Frequently Asked Questions
My spouse moved from Newberry to Chapin. Where do I file?
Chapin is in Lexington County, so Lexington County is now your spouse’s county. If you last lived together in Newberry County and you live in South Carolina, Newberry County may also be a proper place to file.
Can I file in Newberry County if I just moved here?
Venue and residency are separate. You need one year in South Carolina, or three months if both spouses live in the state. Once that is met, Newberry County works if it is your spouse’s county, your last shared county, or your county when your spouse lives out of state.
How much does it cost to file for divorce in Newberry County?
The family court filing fee for a complaint is currently $150 statewide. Confirm with the Newberry County Clerk of Court. You can ask the court to waive the fee if you cannot afford it. Attorney fees are separate.
Will my case be heard by a Newberry County judge?
Family court judges in South Carolina are assigned within judicial circuits. Newberry County is in the Eighth Circuit, so the judge who hears your case may also sit in Abbeville, Greenwood or Laurens County.
Do we have to mediate in Newberry County?
In most contested cases, yes. ADR Rule 3 requires mediation for contested domestic-relations issues statewide, with exceptions such as temporary relief and some domestic-violence situations.
Sources
- S.C. Code Title 20, Chapter 3 (Divorce)
- SC Judicial Branch: Newberry County courthouse and Clerk of Court
Talk to Warner Law about your situation. Warner Law’s office is in Columbia. If your case is in Newberry County, 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.
