Marlboro County Divorce Records
How To Find a Divorce Record In Marlboro County in 2026
MarlboroRecords.us provides access to publicly available information related to divorce records in Marlboro County, South Carolina. Members of the public may find case summaries, final decrees, party names, filing dates, and related court documents through official channels. Available record categories may include dissolution of marriage filings, family court orders, certified decree copies, vital records reports, and historical archived case files.
Records may be searched through official resources, clerk offices, public access terminals, and online tools. The primary custodian of divorce records in Marlboro County is the Clerk of Court, located at the Marlboro County Courthouse in Bennettsville, South Carolina. Members of the public may access these records through the following methods:
Online Searches
1. Clerk of Court Case Search
The Marlboro County government website provides access to indexed records and online search tools for court-related filings. Basic case information is available at no charge; fees may apply for document retrieval or certified copies.
2. State Vital Records
The South Carolina Department of Public Health Vital Records office maintains certified copies of the Report of Divorce for divorces granted in South Carolina. This is a separate document from the full court case file and provides official confirmation of the dissolution.
- Requests may be submitted online, by mail, or in person
- Fees apply for certified copies
- The requesting party must provide identifying information for both spouses and the approximate date of divorce
In-Person Searches
Marlboro County Clerk of Court – Family Division
Marlboro County Clerk of Court
105 Main Street
Bennettsville, SC 29512
Phone: (843) 479-5608
Marlboro County Government Staff Directory
- Hours: Monday–Friday, 8:30 a.m. – 5:00 p.m.
- Services available in person:
- Search case files by party name or case number
- View documents at public access terminals
- Request certified copies of final decrees
- Staff assistance for locating records
South Carolina Department of Public Health – Vital Records
SC Department of Public Health, Vital Records
2600 Bull Street
Columbia, SC 29201
Phone: (803) 898-3630
Vital Records – SC Department of Public Health
By Mail
Written Request to Clerk of Court:
- Mail to: Marlboro County Clerk of Court, P.O. Box 996, Bennettsville, SC 29512
- Include the following:
- Full names of both parties (including maiden names if applicable)
- Approximate date of divorce
- Case number (if known)
- Requestor's full name and contact information
- Purpose of request (may be required)
- Payment for applicable copy fees
- Self-addressed stamped envelope
- Processing time: Requests are processed within 1–2 weeks, though archived or older records may require additional time
Written Request to State Vital Records (Report of Divorce):
- Mail to: SCDPH Vital Records, 2600 Bull Street, Columbia, SC 29201
- Envelope must be addressed specifically to Vital Records
- Certified copies of the Report of Divorce are available from the South Carolina Department of Public Health
By Phone
Limited Information Available:
- Clerk of Court: (843) 479-5608
- Staff may confirm:
- Whether a case exists in the system
- Case number
- Case status
- Filing date
- Staff cannot provide:
- Detailed document contents
- Copies of filed documents
- Confidential or restricted information
Through Attorneys
An attorney licensed in South Carolina may access divorce case files on behalf of a client, request sealed documents through proper court motion, and assist with complex or older records. The South Carolina Bar Lawyer Referral Service connects members of the public with qualified family law attorneys.
Information Needed for Search
Essential Information:
- Full legal names of both spouses
- Maiden names, if applicable
- Approximate date of divorce
- Case number, if known
Helpful Information:
- Date and location of marriage
- Previous addresses in South Carolina
- Names of attorneys of record, if known
Search in Correct County
Under § 20-3-60 of the South Carolina Code of Laws, a divorce action must be filed in the county where either spouse resides at the time of filing. Members of the public searching for a divorce record must search in the county where the action was filed, not necessarily where the marriage took place. If the county of filing is uncertain, it may be necessary to search multiple counties.
Residency Requirement:
South Carolina law requires that at least one spouse have been a resident of the state for a minimum of one year prior to filing, or that both spouses be residents at the time of filing, in which case a three-month residency period applies.
Time Considerations
Recent Divorces:
- Records may not appear in the system immediately following a final hearing
- Allow several business days to a few weeks for processing after the final order is entered
Older Divorces:
- Records predating electronic filing may be archived in paper format
- The SC Archives Marlboro County records index provides guidance on historical court records maintained by the South Carolina Department of Archives and History
- Additional retrieval time should be anticipated for archived materials
What If You Cannot Find a Record
Common Issues:
- Incorrect county of search
- Name variations between married and maiden names
- Spelling differences in party names
- Case still pending and not yet finalized
- Very old records stored in physical archives
- Case sealed by court order
Next Steps:
- Contact the Clerk of Court at (843) 479-5608
- Attempt alternate name spellings
- Search under both spouses' names
- Check state vital records for the Report of Divorce
- Consult a licensed South Carolina family law attorney
What Are Marlboro County Divorce Records?
Marlboro County divorce records are official court documents generated during and after divorce proceedings filed in the Marlboro County Family Court. As noted on the Marlboro County Community Services page, "pursuant to this provision, the Family Courts are the sole forum for the hearing of all cases concerning marriage, divorce, legal separation, custody," and related family law matters. These records are maintained by the Clerk of Court and constitute part of the permanent family law case file.
Types of Divorce Records
Court Case Files
- Petition for dissolution of marriage
- Response or answer to petition
- Financial affidavits from both parties
- Parenting plans (when minor children are involved)
- Marital settlement agreements
- Motions, responses, and court orders
- Transcripts of court hearings
- Final judgment of dissolution of marriage
Final Decree
The final decree is the official court order that legally dissolves the marriage. It is the primary document used as legal proof of divorce and establishes:
- The date of dissolution
- Division of marital property and debts
- Alimony or spousal support terms, if any
- Child custody and visitation arrangements, if applicable
- Child support orders, if applicable
- Restoration of a former name, if requested
Certified copies of the final decree are available through the Clerk of Court.
Supporting Documents
- Original marriage certificate (submitted as exhibit)
- Financial disclosure statements
- Property inventories and appraisals
- Parenting plan details and modifications
- Post-judgment modification orders
Purpose of Divorce Records
Legal Purposes
- Proof of marital status for remarriage
- Name change documentation
- Property transfer and title recording
- Estate planning and beneficiary designations
- Immigration proceedings
- Social Security benefit claims
Personal Purposes
- Genealogical and family history research
- Personal record-keeping
- Verification of divorce terms and obligations
Who Maintains Divorce Records
Clerk of Court
The Clerk of Court is the primary custodian of all divorce case files in Marlboro County. The office indexes records by party names, maintains complete case files, and provides certified copies upon request. The Marlboro County Government Staff Directory identifies the current Clerk of Court and contact information.
State Vital Records Office
The South Carolina Department of Public Health maintains the Report of Divorce, a separate vital record distinct from the full court case file. Certified copies of the Report of Divorce are available from the state vital records office and provide official confirmation of the dissolution without the full case file contents.
Legal Framework
Divorce proceedings in South Carolina are governed by § 20-3-10 et seq. of the South Carolina Code of Laws, which establishes the grounds for divorce, residency requirements, and procedural requirements. Public access to court records is governed by the South Carolina Rules of Civil Procedure and the state's Freedom of Information Act, § 30-4-10 et seq., which establishes the presumption of public access to government records.
Are Marlboro County Divorce Records Public?
Divorce records filed in Marlboro County Family Court are public court records subject to the presumption of openness under South Carolina law. Members of the public may access basic case information, court orders, and final judgments. Certain categories of information within a case file are restricted or redacted to protect sensitive personal data.
What Is Public
- Case number and filing date
- Names of both parties (petitioner and respondent)
- Names of attorneys of record
- Court hearing dates and docket entries
- Court orders and judgments
- Final divorce decree
- Property division orders
- General case status
What May Be Restricted
Financial Information
- Social Security numbers (redacted from public filings)
- Bank account and credit card numbers (redacted)
- Detailed tax returns (may be filed under seal or with restricted access)
- Salary and income details (subject to some restrictions)
Children's Information
- Names and addresses of minor children (may be redacted)
- Schools children attend
- Medical and psychological evaluations of children
- Child custody evaluations (may be sealed by court order)
- Guardian ad litem reports (restricted access)
Sensitive Personal Information
- Domestic violence allegations and supporting evidence
- Mental health and substance abuse records
- Personal addresses in cases involving protective orders
- Medical records submitted as exhibits
Sealed Records
A court may seal all or part of a divorce case file upon a showing of good cause. Cases involving allegations of abuse, high-profile parties, or confidential settlement terms may be subject to sealing orders. Mediation communications are confidential under South Carolina law and are not part of the public record.
Who Can Access Records
| Requestor | Access Level |
|---|---|
| General public | Public documents, docket entries, final orders |
| Parties to the case | Full access to own case file |
| Licensed attorneys | Case files; sealed documents by court motion |
| Researchers and media | Public portions; sealed records require court permission |
| Law enforcement | Statutory access as provided by law |
Prohibited Uses
Members of the public who obtain divorce records may not use them for stalking, harassment, identity theft, fraudulent purposes, or in violation of any protective order issued by the court.
How Much Does It Cost to Get Divorce Records in Marlboro County?
The Marlboro County Clerk of Court charges standard fees for copies and certified documents in accordance with South Carolina law. Under § 8-21-310 of the South Carolina Code of Laws, which governs fees for clerks of court, the following fee structure applies:
| Service | Standard Fee |
|---|---|
| Plain copy (per page) | $0.25 per page |
| Certified copy of court document | $1.00 per page + $3.00 certification fee |
| Certified copy of final decree | $1.00 per page + $3.00 certification fee |
| Report of Divorce (state vital records) | $12.00 per certified copy |
| Additional certified copies (same order, vital records) | $3.00 each |
Accepted Payment Methods
- Cash (in-person requests)
- Money order (mail requests)
- Cashier's check (mail requests)
- Personal checks (accepted at clerk's discretion for in-person requests)
Fee Waiver Provisions
Parties who are proceeding in forma pauperis (without ability to pay) may petition the court for a waiver of filing and copy fees. A sworn financial affidavit demonstrating indigency is required. Fee waivers do not apply to vital records requests through the state Department of Public Health.
What Is Available at No Charge
- Viewing case docket entries at a public access terminal in the courthouse
- Confirming the existence of a case by name or case number
- Reviewing documents in person at the clerk's office without requesting copies
What's Included in Divorce Records in Marlboro County
A complete Marlboro County divorce case file contains all documents filed with the Family Court from the initial petition through final judgment and any post-judgment proceedings. The following describes the standard contents of a divorce case file.
Basic Case Information
Case Caption:
- Case number assigned by the clerk
- Court name and division (Family Court, Marlboro County)
- Petitioner and respondent names
- Judge assigned to the case
- Attorneys of record for each party
Filing Information:
- Date of initial filing
- Filing fees paid
- Case type designation (dissolution of marriage)
- Jurisdictional basis
Initial Pleadings
Petition for Dissolution of Marriage:
- Full identifying information for both parties
- Date and location of marriage
- Date of separation, if applicable
- Grounds for divorce (irretrievable breakdown is the no-fault ground in South Carolina; fault grounds include adultery, physical cruelty, habitual drunkenness, and desertion)
- Information regarding minor children, including names and birthdates
- Claims regarding marital property
- Requests for spousal support and child support
- Relief requested from the court
Response/Answer:
- Respondent's admissions or denials
- Counterpetition, if filed
- Respondent's independent requests for relief
Financial Affidavits:
- Income from all sources
- Monthly expenses
- Assets including real property, vehicles, bank accounts, investments, and personal property
- Liabilities including mortgages, loans, and credit card debt
Discovery Documents
Financial Disclosure:
- Recent tax returns
- Pay stubs and income verification
- Bank and investment account statements
- Retirement account statements
- Business financial statements, if applicable
Interrogatories and Requests for Production:
- Written questions and sworn answers
- Document requests and responses
- Property inventories
Property-Related Documents
Marital Asset Inventory:
- Real property descriptions and appraised values
- Vehicle titles and values
- Financial account balances
- Retirement and investment accounts
- Business interests and valuations
- Personal property of significant value
Debt Inventory:
- Mortgage obligations
- Vehicle loans
- Credit card and personal loan balances
- Tax obligations
Appraisals and Valuations:
- Real property appraisals
- Business valuations
- Expert reports on asset values
Children-Related Documents (If Applicable)
Parenting Plan:
- Legal custody (decision-making authority)
- Physical custody and primary residence
- Regular, holiday, and summer timesharing schedules
- Transportation arrangements
- Provisions for relocation
- Decision-making responsibilities for education, healthcare, and extracurricular activities
Child Support:
- Child support calculation worksheet based on South Carolina guidelines
- Income information for both parties
- Number of overnight visits
- Health insurance and childcare costs
- Support amount ordered and payment schedule
Custody Evaluations (If Ordered):
- Psychologist or evaluator reports
- Home study findings
- Recommendations regarding custody and visitation
Support Documents
Alimony/Spousal Support:
- Type of alimony awarded (periodic, lump sum, rehabilitative, or reimbursement)
- Amount and duration
- Payment schedule and method
- Conditions for modification or termination
Settlement Documents
Marital Settlement Agreement:
- Comprehensive written agreement resolving all contested issues
- Property division terms
- Debt allocation
- Spousal support provisions
- Child-related provisions, if applicable
- Attorney fee allocation
- Signatures of both parties and notarization
Court Orders and Judgments
Temporary Orders:
- Temporary custody and support
- Temporary use of marital residence or vehicles
- Temporary restraining orders or injunctions
Final Judgment of Dissolution:
- Official court order dissolving the marriage
- Date of dissolution
- Findings of fact and conclusions of law
- Complete property division
- Spousal support orders
- Child custody, visitation, and support orders
- Name restoration, if requested
- Judge's signature and court seal
Qualified Domestic Relations Order (QDRO):
- Separate order dividing retirement plan benefits
- Instructions to plan administrator
- Issued when retirement accounts are part of the property division
Post-Judgment Documents (If Applicable)
- Petitions to modify custody or support
- Court orders on modification requests
- Contempt motions and enforcement actions
- Income deduction orders
- Liens filed against property
What Is Typically Confidential or Sealed
- Social Security numbers (redacted from all public filings)
- Bank account and financial account numbers (redacted)
- Children's residential addresses and school information
- Domestic violence details (may be sealed by court order)
- Mental health and substance abuse evaluations
- Mediation communications (confidential by statute)
- Trade secrets in business valuations
How to Get Proof of Divorce in Marlboro County
Proof of divorce in Marlboro County may be obtained through two primary channels: the Clerk of Court and the South Carolina Department of Public Health Vital Records office.
Certified Copy of Final Decree (Clerk of Court)
A certified copy of the final judgment of dissolution of marriage is the most comprehensive form of proof of divorce. Members of the public may obtain a certified copy by:
- Appearing in person at the Marlboro County Clerk of Court, 105 Main Street, Bennettsville, SC 29512, during regular business hours (Monday–Friday, 8:30 a.m. – 5:00 p.m.)
- Submitting a written request by mail to: Marlboro County Clerk of Court, P.O. Box 996, Bennettsville, SC 29512
- Providing the full names of both parties, the approximate date of divorce, and the case number if known
- Including payment for applicable fees ($1.00 per page plus $3.00 certification fee)
Certified Report of Divorce (State Vital Records)
The South Carolina Department of Public Health issues certified copies of the Report of Divorce, which serves as official documentary proof of the dissolution. This document is available for divorces granted in South Carolina and may be requested:
- Online through the SC Department of Public Health Vital Records portal
- By mail to: SCDPH Vital Records, 2600 Bull Street, Columbia, SC 29201
- The fee is $12.00 for the first certified copy and $3.00 for each additional copy ordered at the same time
Marlboro County Courthouse
105 Main Street
Bennettsville, SC 29512
Phone: (843) 479-5608
Marlboro County, SC
SC Department of Public Health – Vital Records
2600 Bull Street
Columbia, SC 29201
Phone: (803) 898-3630
Vital Records – South Carolina Department of Public Health
Can a Divorce Be Confidential in Marlboro County?
A divorce proceeding in Marlboro County may be partially or fully confidential under specific legal circumstances. While the default rule under South Carolina law is that court records are open to the public, the Family Court retains authority to seal records or restrict access upon a proper showing.
Circumstances under which divorce records may be confidential include:
- Domestic violence cases: Addresses, contact information, and safety-related details of a protected party may be withheld from public access
- Sealed financial records: Tax returns, detailed financial statements, and account numbers are routinely redacted or filed under restricted access
- Children's information: Names, addresses, schools, and medical or psychological records of minor children may be restricted
- Court-ordered sealing: A party may file a motion to seal all or part of the case file; the court applies a balancing test weighing the public interest in transparency against the privacy interest asserted
- Mediation records: Under South Carolina law, all mediation communications are confidential and are not filed with the court or accessible to the public
- Mental health and substance abuse records: These records are protected under both state and federal law, including HIPAA
Members of the public seeking access to a sealed or restricted case file must file a motion with the Family Court demonstrating a legitimate legal basis for access. The court rules on such requests on a case-by-case basis.
How Long Does Marlboro County Keep Divorce Records?
Marlboro County maintains divorce records in accordance with South Carolina's records retention schedules established for court records. Retention periods vary by record type:
- Final judgments and decrees: Retained permanently; these records are never destroyed and remain accessible indefinitely
- Complete case files (active and closed): Retained for a minimum of 10 years following the close of the case for most family court matters
- Financial affidavits and discovery documents: Retained as part of the case file for the applicable retention period
- Post-judgment modification files: Retained as part of the original case file or as a separate file, subject to the same retention schedule
- Historical and archived records: Older records are maintained by the South Carolina Department of Archives and History; the Marlboro County records index at SC Archives provides guidance on the availability of historical court records dating back to the county's earliest court proceedings
- Electronic records: Cases filed electronically are maintained in the court's case management system and are subject to the same retention requirements as paper records
South Carolina's records retention schedules for court records are established under the authority of the South Carolina Department of Archives and History pursuant to state law. Members of the public seeking records older than those available through the clerk's office may contact the SC Archives directly for assistance locating historical Marlboro County court documents.