Filing for Divorce in York County, South Carolina

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

Divorces for York County residents are generally filed in the Family Court for York County. The county seat is the city of York, but the SC Judicial Branch lists York County’s family court courthouse in Rock Hill. York County is part of South Carolina’s Sixteenth Judicial Circuit, which it shares with Union County. This page explains when your case belongs in York County and what filing there usually involves. It is part of our South Carolina Divorce Guide.

When Your Divorce Belongs in York County

Venue is governed 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.

York County sits on the North Carolina line next to the Charlotte area, and many residents live in South Carolina and work in North Carolina. That makes the out-of-state rules unusually important here. Examples:

• Your spouse lives in Rock Hill, Fort Mill, Tega Cay, Clover or York. These are York County communities, so York County is the defendant’s county.
• Your spouse moved to Charlotte, and you still live in Fort Mill. Your spouse is now a nonresident, so you can generally file in York 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 North Carolina, and your spouse stayed in Rock Hill. A South Carolina filing must be in York County, the defendant’s county. 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 Fort Mill, and your spouse moved to Indian Land. Indian Land is in Lancaster County, which is now the defendant’s county. York County may also be proper as your last shared county if you live in South Carolina.

Working in North Carolina does not change any of this. Venue follows where the spouses live and last lived together, not where they work.

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 South Carolina. If you live outside South Carolina, you can still file here if your spouse has lived in South Carolina for at least one year. Families who recently moved from North Carolina or elsewhere should check this first. 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 York County Clerk of Court

York County has more than one court building. The SC Judicial Branch lists:

• the York Family Court Courthouse at 1555 West Main Street, Rock Hill, SC 29732;
• the circuit court at the Moss Justice Center, 1675 York Highway, York, SC 29745; and
• the Clerk of Court’s office phone as (803) 684-8507.

Call the clerk to confirm where family court filings are accepted and current hours before you go.

A divorce filing usually includes:

• a summons and complaint stating your grounds and the issues for the court, such as custody, child 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. A spouse in North Carolina can be served under the same rule, for example by certified mail with restricted delivery. The answer is due 30 days after service, and each spouse files a financial declaration (Form SCCA 430). Our step-by-step filing guide covers 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 York 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, support and use of 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. Our guide to temporary hearings explains how to prepare.

Family court judges in the Sixteenth Circuit hear cases in York and Union counties. 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 final hearing.

About York County

York County had 282,090 residents in the 2020 Census and is part of the Charlotte region. When one spouse’s employer is in North Carolina, retirement plans, stock awards and benefits may still be divided by a South Carolina family court if it has jurisdiction over both spouses.

Frequently Asked Questions

My spouse moved to Charlotte. Can I file in York County?

Generally yes, if you live in York County and meet the residency rule, because your spouse is now a nonresident. Support and property orders against an out-of-state spouse raise separate jurisdiction questions.

Is York County family court in York or Rock Hill?

The SC Judicial Branch lists the York Family Court Courthouse at 1555 West Main Street in Rock Hill. Confirm the filing location and hearing location with the clerk.

I work in North Carolina. Does that affect where I file?

No. Venue follows where the spouses live and last lived together, not where they work. Residency is also based on where you live.

My spouse moved to Indian Land. Where do I file?

Indian Land is in Lancaster County, now your spouse’s county. If you last lived together in York County and you live in South Carolina, York County may also be proper.

How much does it cost to file in York County?

The family court filing fee is currently $150 statewide. Confirm with the York County Clerk of Court. You may ask the court to waive it if you cannot afford it.

Sources

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