Filing for Divorce in Oconee County, South Carolina

Reviewed by Carrie Warner, Attorney at Law, SC Bar No. 72836 · Last reviewed November 2, 2026

Divorces for Oconee County residents are generally filed in the Family Court for Oconee County, which sits in Walhalla, the county seat. Oconee County is part of South Carolina’s Tenth Judicial Circuit, which it shares with Anderson County. Below is how to tell whether your case belongs in Oconee County and what filing there usually involves. This page is part of our South Carolina Divorce Guide.

When Your Case Belongs in Oconee County

The county where a divorce is heard is called venue, and S.C. Code § 20-3-60 controls it. A divorce may be brought in:

• the county where the defendant (the spouse who is sued) lives;
• the plaintiff’s county, if the defendant lives outside South Carolina or cannot be found after a diligent search; or
• the county where the spouses last lived together, unless the plaintiff lives outside South Carolina, in which case it must be the defendant’s county.

Oconee County is South Carolina’s westernmost county. It borders Georgia across the Tugaloo and Chattooga rivers and Lake Hartwell, and North Carolina to the north. Out-of-state moves are common here, so the nonresident rules matter. Some examples:

• Your spouse lives in Seneca, Westminster or Walhalla. All three are in Oconee County, so Oconee County is the defendant’s county.
• Your spouse moved across the line to Georgia, and you still live in Oconee County. Because your spouse is now a nonresident, you can generally file in Oconee County as the plaintiff’s county. Whether a South Carolina court can order an out-of-state spouse to pay support or divide property depends on that spouse’s ties to South Carolina. See divorce when your spouse lives in another state.
• You moved to Georgia, and your spouse stayed in Oconee County. If you file in South Carolina as a nonresident, the case must be filed in the defendant’s county, which is Oconee. Under § 20-3-30, a nonresident plaintiff can file only if the defendant has lived in South Carolina for at least one year.
• You lived together in Oconee County, and your spouse moved to Pickens County. Pickens County is the defendant’s county. Oconee County may also be proper as your last shared county if you live in South Carolina.

Residency, Grounds and Waiting Periods in Brief

• Residency (S.C. Code § 20-3-30): the plaintiff must have lived in South Carolina for at least a year before filing, or three months if both spouses are South Carolina residents. If you live outside South Carolina, you can still file here if your spouse has lived in South Carolina for at least one year. A spouse who moved to Georgia counts as a nonresident. See South Carolina residency requirements.
• Grounds (S.C. Code § 20-3-10): adultery, one-year desertion, physical cruelty, habitual drunkenness or narcotic drug use, and one year of living separate and apart. Only the last is no-fault.
• Waiting periods (S.C. Code § 20-3-80): fault cases based on adultery, physical cruelty or habitual drunkenness need at least three months from filing before a final decree. One-year separation and desertion cases can move to a final hearing once the defendant answers or is in default. Details are in our waiting period guide.

Filing at the Oconee County Clerk of Court

The SC Judicial Branch lists the Oconee County Courthouse at 205 W. Main Street, Walhalla, SC 29691, and the Clerk of Court’s office phone as (864) 638-4280. Confirm with the clerk where and how family court filings are accepted before you go.

What you file:

• a summons and complaint naming your grounds and the issues you want decided;
• any cover sheet or other forms the clerk requires; and
• the filing fee, currently $150 statewide. Confirm with the Clerk of Court. A fee waiver can be requested if you cannot afford it.

Your spouse must then be formally served, usually by a sheriff’s deputy or other non-party adult, by certified mail with restricted delivery, or by signing an acceptance of service. Serving a spouse in Georgia or North Carolina is possible under the same rule. If your spouse cannot be found, service by publication requires a court order. Our guide on how divorce papers are served covers each option, and the step-by-step filing guide lists the full sequence.

Mediation, Temporary Hearings and the Usual Sequence

Mediation is required in most contested divorce cases statewide under ADR Rule 3, so expect it in Oconee County if you and your spouse disagree on custody, support, alimony or property. See Is Mediation Required in a South Carolina Divorce?

If you need decisions while the case is pending, a temporary hearing can address custody, child support, temporary alimony and who stays in the home. Under Family Court Rule 21, these hearings are generally decided on affidavits and financial declarations, not live testimony. Learn more about temporary hearings.

Oconee County shares its family court judges with Anderson County through the Tenth Circuit. A typical case moves from filing and service to the answer, any temporary hearing, financial disclosure, mediation and then a settlement or final hearing.

About Oconee County

Oconee County had 78,607 residents in the 2020 Census. Its county seat is Walhalla, and Seneca is its largest city. Oconee County sits next to Clemson, which lies mostly in Pickens County, so a couple connected to Clemson University may live in one county and work in another. Venue follows where the spouses live, not where they work.

Frequently Asked Questions

My spouse moved to Georgia. Can I still file in Oconee County?

Generally yes, if you live in Oconee County and meet the residency rule. When the defendant lives outside South Carolina, you can file in your own county. Support and property orders against an out-of-state spouse raise separate jurisdiction questions.

We lived in Seneca but I moved to Anderson. Where do I file?

Your spouse still lives in Oconee County, so Oconee County is the defendant’s county. It is also where you last lived together, so it is a proper place to file.

What is the divorce filing fee in Oconee County?

The family court filing fee is currently $150 statewide. Confirm with the Oconee County Clerk of Court. If you cannot afford it, you can ask the court to waive it.

Who hears divorce cases in Oconee County?

Family court judges assigned to the Tenth Judicial Circuit, which covers Oconee and Anderson counties. A judge who sits in Anderson may hear your Oconee County case.

Can we skip mediation if we agree on everything?

Mediation is required for contested issues. If you and your spouse have fully settled, you may submit a written agreement for the court to review at the final hearing instead.

Sources

• S.C. Code Title 20, Chapter 3 (Divorce)
• SC Judicial Branch: Oconee County courthouse and Clerk of Court