Reviewed by Carrie Warner, Attorney at Law, SC Bar No. 72836 · Last reviewed November 2, 2026
Union County residents generally file for divorce in the Family Court for Union County, which sits in the city of Union, the county seat. Union County is part of South Carolina’s Sixteenth Judicial Circuit, which it shares with York County. This page covers when your case belongs in Union County and what filing there usually involves. It is part of our South Carolina Divorce Guide.
When Your Divorce Belongs in Union County
Venue, the county whose court 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.
Union County is rural and borders Spartanburg, Cherokee, York, Chester, Fairfield, Newberry and Laurens counties, so moves across county lines are common. Examples:
- Your spouse lives in Union, Jonesville, Lockhart or Carlisle. These are Union County communities, so Union County is the defendant’s county.
- You lived together in Union, and your spouse moved to Spartanburg. Spartanburg County is now the defendant’s county, and it is in a different circuit (the Seventh). Union County may also be proper as your last shared county if you live in South Carolina. You may have a choice of courts.
- Your spouse moved to Rock Hill. Rock Hill is in York County, which is in the same Sixteenth Circuit as Union County but has its own clerk. If you last lived together in Union County and you live in South Carolina, Union County may also be proper.
- Your spouse left and you cannot find them. After a diligent search, you can file in your own county. Service by publication requires a court order. See how to divorce a spouse you cannot find.
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. 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. See residency requirements.
- Grounds (S.C. Code § 20-3-10): adultery, desertion for one year, physical cruelty, habitual drunkenness or narcotic drug use, or one year of separation without cohabitation, the only no-fault ground. 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 can be heard once the defendant answers or is in default.
Filing at the Union County Clerk of Court
The SC Judicial Branch lists the Union County Courthouse at 322 East Main Street, Union, SC 29379, and the Clerk of Court’s office phone as (864) 429-1630. Some court offices in Union are listed at other Main Street addresses, so ask the clerk where to file family court papers and where hearings are held.
A divorce filing usually includes:
- a summons and complaint stating your grounds and the issues you want decided, such as custody, support, alimony, property and debts;
- any cover sheet or forms the clerk requires; and
- the filing fee, which is 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 by a sheriff’s deputy or other non-party adult, by certified mail with restricted delivery, or by signing an acceptance of service. The answer is due 30 days after service. Each spouse files 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 walks through the documents.
For a simple case, meaning one year of separation, no children and no property or debt to divide, the SC Judicial Branch publishes self-help forms. Our guide on divorce without a lawyer in SC explains when they fit and their limits.
Mediation, Temporary Hearings and the Usual Sequence
Mediation is required in most contested domestic-relations cases statewide under ADR Rule 3, including Union County. Exceptions include temporary relief and some domestic-violence situations. See Is Mediation Required in a South Carolina Divorce?
A temporary hearing can set custody, support and use of the home while the case is pending. These hearings are generally decided on affidavits and financial declarations rather than live testimony.
Family court judges assigned to the Sixteenth Circuit hear cases in Union and York 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 Union County
Union County had 27,244 residents in the 2020 Census. With a small population and neighbors on every side, many Union County couples have one spouse working or living in a nearby county. Venue follows where spouses live and last lived together, not where they work.
Frequently Asked Questions
My spouse moved to Spartanburg County. Can I still file in Union County?
If you last lived together in Union County and you live in South Carolina, Union County may be proper. Spartanburg County, your spouse’s county, would also be proper.
I work in Spartanburg but live in Union. Does that change where I file?
No. Venue under § 20-3-60 follows where the spouses live and last lived together, not where they work.
How much does it cost to file for divorce in Union County?
The family court filing fee is currently $150 statewide. Confirm with the Union County Clerk of Court. You may ask the court to waive it if you cannot afford it.
Who hears Union County divorce cases?
Family court judges assigned to the Sixteenth Judicial Circuit, which covers Union and York counties. Your notice of hearing will say where your hearing is.
Can I file without a lawyer in Union County?
Yes. The SC Judicial Branch has 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
- S.C. Code Title 20, Chapter 3 (Divorce)
- SC Judicial Branch: Union 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 Union 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.
