Filing for Divorce in Spartanburg County, South Carolina

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

If you live in Spartanburg County, your divorce will generally be filed in the Family Court for Spartanburg County, located in the city of Spartanburg, the county seat. Spartanburg County is part of South Carolina’s Seventh Judicial Circuit, which it shares with Cherokee County. This page explains when a divorce belongs in Spartanburg County and what filing there usually involves. It is part of our South Carolina Divorce Guide.

When Your Case Belongs in Spartanburg County

Venue, meaning which county hears the case, is set by S.C. Code § 20-3-60. A divorce may be filed in:

• the county where the defendant (the spouse being 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.

Spartanburg County borders Greenville, Cherokee, Union and Laurens counties and the North Carolina line. Some examples:

• Your spouse lives in Boiling Springs, Inman, Duncan or Woodruff. These are Spartanburg County communities, so Spartanburg County is the defendant’s county.
• You lived together in Greer. Greer is split between Greenville and Spartanburg counties. The county your home was in decides whether Spartanburg County is your last shared county.
• Your spouse moved to Gaffney. Gaffney is in Cherokee County, which is now the defendant’s county. If you last lived together in Spartanburg County and you live in South Carolina, Spartanburg County may also be proper. Both counties are in the Seventh Circuit.
• Your spouse moved to North Carolina. If you live in Spartanburg County, you can generally file here because your spouse is a nonresident. Support and property orders against an out-of-state spouse raise separate questions; see divorce when your spouse lives in another state.

Residency, Grounds and Waiting Periods

• Residency (S.C. Code § 20-3-30): the filing spouse needs one year of South Carolina residence, or three months if both spouses live in the state. 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. People who relocated for work should check this first. See residency requirements.
• Grounds (S.C. Code § 20-3-10): adultery, one-year desertion, physical cruelty, habitual drunkenness or narcotic drug use, or one year of living separate and apart. Our page on grounds for divorce in SC explains each.
• Waiting periods (S.C. Code § 20-3-80): no final decree until three months after filing in adultery, physical cruelty and habitual drunkenness cases. Separation and desertion cases can be heard once the defendant answers or is in default.

Filing at the Spartanburg County Clerk of Court

The SC Judicial Branch lists the Spartanburg County Courthouse at 180 Magnolia Street, Spartanburg, SC 29306, and the Clerk of Court’s office phone as (864) 596-2591. Confirm with the clerk where family court filings are made and current hours before you go.

A typical filing includes:

• a summons and a complaint that state your grounds and the relief you want;
• any cover sheet or 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 is then served under SCRCP Rule 4 and has 30 days to answer. Each spouse files a financial declaration (Form SCCA 430) by the first hearing or within 45 days of service, whichever comes first. Our step-by-step filing guide and our financial declaration guide explain each step.

Mediation, Temporary Hearings and the Usual Sequence

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

A temporary hearing can address custody, child support, temporary alimony and who stays in the home while the case is pending. Under Family Court Rule 21, these hearings are generally decided on affidavits and financial declarations, with page limits.

A typical case moves from filing and service to the answer, a temporary hearing if needed, financial disclosure and discovery, mediation, and then a settlement or a final hearing. Family court judges in the Seventh Circuit hear cases in both Spartanburg and Cherokee counties.

About Spartanburg County

Spartanburg County had 327,997 residents in the 2020 Census, making it one of the larger counties in the state. BMW’s manufacturing plant is in Spartanburg County, and the area has many other manufacturing and logistics employers. When one or both spouses have a 401(k) or pension through an employer plan, dividing it usually requires a QDRO (qualified domestic relations order), a separate order the plan administrator must approve.

Frequently Asked Questions

We lived in Greer. Do I file in Spartanburg or Greenville County?

Greer sits in both counties. Venue depends on the county of your spouse’s current home and the county where you last lived together. Check county property records for the exact address.

My spouse moved to Gaffney. Can I still file in Spartanburg County?

Gaffney is in Cherokee County. If you last lived together in Spartanburg County and you live in South Carolina, Spartanburg County may also be proper.

How much is the filing fee in Spartanburg County?

The family court filing fee is currently $150 statewide. Confirm with the Spartanburg County Clerk of Court. You may ask the court for a fee waiver.

My spouse moved to North Carolina. Can I file here?

Generally yes, if you live in Spartanburg County and meet the residency rule, because the defendant is a nonresident. Whether the court can order support or divide property against an out-of-state spouse is a separate question.

Is mediation required in Spartanburg County?

In most contested cases, yes, under ADR Rule 3, with exceptions such as temporary relief and some domestic-violence situations.

Sources

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