Filing for Divorce in Orangeburg County, South Carolina

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

Table of Contents

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

Orangeburg County residents generally file for divorce in the Family Court for Orangeburg County, which sits in the city of Orangeburg, the county seat. Orangeburg County is part of South Carolina’s First Judicial Circuit, together with Calhoun and Dorchester counties. This page covers when a divorce belongs in Orangeburg County and how filing there typically works. It is part of our South Carolina Divorce Guide.

When Your Divorce Should Be Filed in Orangeburg County

S.C. Code § 20-3-60 sets venue, meaning which county’s court hears the case. A divorce may be filed in:

  • the county where the defendant 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 (then it must be the defendant’s county).

Orangeburg County is large and rural, and it borders several counties, including Calhoun, Lexington, Aiken, Bamberg and Dorchester. Examples:

  • Your spouse lives in Orangeburg, Bowman, Holly Hill or Santee. Each is in Orangeburg County, so it is the defendant’s county.
  • You both lived near Holly Hill, and your spouse moved to Summerville. Much of Summerville is in Dorchester County, which would make Dorchester the defendant’s county. Orangeburg County may still be proper as the last county where you lived together, if you live in South Carolina. Check your spouse’s exact address, because some cities cross county lines.
  • Your spouse left and you do not know where they are. If, after a diligent search, your spouse cannot be found, you can file in your own county. Service by publication needs a court order. See how to divorce a spouse you cannot find.

Residency, Grounds and Waiting Periods

These statewide rules apply in Orangeburg County as everywhere else:

  • Residency (S.C. Code § 20-3-30): one year in South Carolina before filing, or three months for the plaintiff if both spouses live in the state. 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. More in our residency requirements guide.
  • Grounds (S.C. Code § 20-3-10): adultery, desertion for one year, physical cruelty, habitual drunkenness or narcotic drug use, or one year of living separate and apart without cohabitation. See grounds for divorce in SC.
  • Waiting periods (S.C. Code § 20-3-80): three months from filing before a final decree in adultery, physical cruelty and habitual drunkenness cases. Separation and desertion cases may be heard once the defendant answers or defaults. Our one-year separation guide explains how the no-fault year works.

Filing at the Orangeburg County Clerk of Court

The SC Judicial Branch lists the Orangeburg County Courthouse at 1406 Amelia Street, Orangeburg, SC 29115, and the Clerk of Court’s office phone as (803) 533-6243. Call to confirm where family court papers are filed and the office’s hours.

A divorce filing usually includes:

  • a summons and complaint, including your grounds and the relief you want (custody, child support, alimony, property, debts or a former name);
  • any cover sheet or local forms the clerk requires; and
  • the filing fee, which is currently $150 statewide. Confirm with the clerk. You may request a fee waiver if you cannot pay.

Next, your spouse is served under SCRCP Rule 4 and has 30 days to answer. Both spouses must file a financial declaration (Form SCCA 430) by the first hearing or within 45 days of service, whichever is first. Our step-by-step filing guide covers each document in order.

Mediation, Temporary Hearings and Typical Steps

Mediation is required in most contested domestic-relations cases under ADR Rule 3, and that includes Orangeburg County. Exceptions include temporary relief and some domestic-violence cases. See Is Mediation Required in a South Carolina Divorce?

Temporary hearings can set custody, support and use of the home while the case is pending. They are generally decided on affidavits and financial declarations, with page limits under Family Court Rule 21. Read about temporary hearings in South Carolina family court.

Family court judges in the First Circuit hear cases in Orangeburg, Calhoun and Dorchester counties. A typical case moves from filing and service, to the answer, a possible temporary hearing, financial disclosure and mediation, and then a settlement or final hearing.

About Orangeburg County

Orangeburg County had 84,223 residents in the 2020 Census. The city of Orangeburg is home to South Carolina State University and Claflin University, so some families in the county include university employees or students. A student who moved here for school still needs to meet the residency rules before filing.

Frequently Asked Questions

My spouse moved to Calhoun County. Can I still file in Orangeburg County?

Calhoun County is now your spouse’s county. If Orangeburg County is where you last lived together and you live in South Carolina, you may also file in Orangeburg County.

I moved to Orangeburg to attend South Carolina State. Can I file here?

You need at least one year of South Carolina residence, or three months if your spouse also lives in the state. Venue then depends on where your spouse lives and where you last lived together.

What does it cost to file for divorce in Orangeburg County?

The family court filing fee is currently $150 statewide. Confirm with the Orangeburg County Clerk of Court. A fee waiver can be requested if you cannot afford it.

Which judges hear Orangeburg County divorces?

Family court judges assigned to the First Judicial Circuit, which covers Calhoun, Orangeburg and Dorchester counties.

Do I need a lawyer to file in Orangeburg County?

No. The SC Judicial Branch publishes self-help forms for simple divorces based on one year of separation with no children and no property or debt to divide. Cases with children, property or alimony are more involved.

Sources

Talk to Warner Law about your situation. Warner Law’s office is in Columbia. If your case is in Orangeburg 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.

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My late father, Jan Warner, was an accomplished and widely known family law attorney and nationally syndicated author in South Carolina, so this area of law runs in my blood. It is all I have ever known, and I cannot imagine doing anything else.  

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