Fairfield County Divorce Records
How To Find a Divorce Record In Fairfield County in 2026
FairfieldCountyRecords.us provides access to publicly available information related to divorce records in Fairfield County, South Carolina. Members of the public may find case numbers, filing dates, party names, final decrees, and related court documents. Available record categories may include dissolution of marriage filings, final judgments, settlement agreements, parenting plans, and post-judgment modification orders. Access and completeness of records vary by case type, filing date, and applicable confidentiality provisions.
Records may be searched through official resources including the Clerk of Court, public access terminals at the courthouse, the South Carolina Judicial Department's online index, and the South Carolina Department of Public Health's vital records office. The following methods are available to members of the public seeking divorce records in Fairfield County.
Online Searches
1. Clerk of Court Case Search
The Fairfield County Clerk of Court maintains family court case records that may be searched online through the South Carolina Judicial Department Public Index. This is the most common method for locating divorce case information. Basic case information is available at no charge; fees apply for obtaining copies of documents.
2. State Vital Records
South Carolina registers divorce reports through the South Carolina Department of Public Health Vital Records office. Divorce reports are available for events occurring from July 1962 to the present. These records provide confirmation of a divorce but contain less detail than the full court case file.
In-Person Searches
Clerk of Court — Family Court Division:
Fairfield County Clerk of Court
101 South Congress Street
Winnsboro, SC 29180
Phone: (803) 712-6526
Fairfield County Clerk of Court
Hours: Monday–Friday, 8:30 a.m. – 5:00 p.m.
Services available in person include:
- Searching case files by party name or case number
- Viewing documents at public access terminals
- Requesting certified copies of final decrees and orders
- Staff assistance for locating archived records
SC Department of Public Health — Vital Records:
South Carolina Department of Public Health, Vital Records
2600 Bull Street
Columbia, SC 29201
Phone: (803) 898-3630
Vital Records | South Carolina Department of Public Health
By Mail
Written Request to Clerk of Court:
Mail requests to:
Fairfield County Clerk of Court
P.O. Box 299
Winnsboro, SC 29180
Include the following with each written request:
- 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, if required
- Payment for applicable copy fees
- Self-addressed stamped envelope
Processing time is typically one to two weeks, though archived or older records may require additional time.
By Phone
Limited Information Available:
Clerk of Court: (803) 712-6526
By telephone, staff may confirm:
- Whether a case exists in the system
- The assigned case number
- Current case status
- The original filing date
Detailed document contents, copies of filings, and confidential information are not provided by telephone.
Through Attorneys
An attorney licensed in South Carolina may access divorce case files on behalf of a client, request sealed documents upon a proper showing of cause, and obtain certified copies through professional channels. The South Carolina Bar Lawyer Referral Service may assist members of the public in locating qualified family law counsel.
Information Needed for Search
Essential Information:
- Full legal names of both spouses
- Maiden names, if applicable
- Approximate date of divorce or filing
- Case number, if known
Helpful Information:
- Date and location of marriage
- Previous addresses in Fairfield County
- Names of attorneys of record, if known
Search in Correct County
Divorce proceedings in South Carolina are filed in the county where either spouse resided at the time of filing. Members of the public who are uncertain of the filing county may need to search multiple counties. Under § 20-3-60 of the South Carolina Code of Laws, at least one spouse must have been a resident of South Carolina for a minimum of three months prior to filing.
Time Considerations
- Recent divorces: Records may not appear in online systems immediately following a final hearing. Allow several days to weeks for processing and indexing.
- Older divorces: Records predating electronic filing may be archived in paper format and require additional retrieval time. Not all historical records have been digitized.
What If You Cannot Find a Record
Common reasons a record may not be located include:
- Filing in the wrong county
- Name variations or spelling differences
- The case remaining pending and not yet finalized
- Very old records held in off-site storage
- The case having been sealed by court order
Members of the public experiencing difficulty locating a record may contact the Clerk of Court at (803) 712-6526, attempt alternate name spellings, search under both spouses' names, or consult the South Carolina Department of Public Health vital records office for divorce reports registered at the state level.
What Are Fairfield County Divorce Records?
Fairfield County divorce records are official court documents generated during and after divorce proceedings filed in the Fairfield County Family Court. These records constitute part of the public court record and are maintained by the Clerk of Court as the primary custodian.
Types of Divorce Records:
Court Case Files
The complete case file includes:
- Petition for dissolution of marriage
- Response or answer to the petition
- Financial affidavits from both parties
- Parenting plans and child custody arrangements
- Marital settlement agreements
- Motions, orders, and hearing transcripts
- Final judgment of dissolution
Final Decree
The final decree is the official court order dissolving the marriage. It establishes the date of dissolution, division of marital property, alimony or spousal support terms, child custody and visitation arrangements, child support obligations, and any court-ordered name changes. Certified copies of the final decree are available through the Clerk of Court.
Supporting Documents
Supporting documents within the case file may include financial disclosure statements, property inventories, appraisals, parenting plan details, and post-judgment modification orders.
Who Maintains Divorce Records:
The Clerk of Court serves as the primary custodian of all divorce case files in Fairfield County. At the state level, the South Carolina Department of Public Health maintains divorce reports for events registered from July 1962 forward. These state-level reports provide confirmation of a divorce but do not contain the full case file detail available from the Clerk of Court.
Pursuant to § 20-3-10 of the South Carolina Code of Laws, South Carolina recognizes divorce as a judicial proceeding, and all records generated in that proceeding are subject to the court's record-keeping requirements and the state's public records framework.
Are Fairfield County Divorce Records Public?
Divorce records in Fairfield County are public court records, subject to the provisions of the South Carolina Freedom of Information Act, § 30-4-10 et seq. Members of the public may access basic case information without demonstrating a specific need or interest.
What Is Public:
- Case number and filing date
- Names of parties (petitioner and respondent)
- Attorneys of record
- Court hearing dates and scheduled events
- Court orders and judgments
- Final divorce decree
- Property division orders
- General case status and docket entries
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)
Children's Information:
- Addresses where minor children reside
- Schools children attend
- Medical and psychological evaluations of children
- Guardian ad litem reports (restricted or sealed)
- Child custody evaluations ordered by the court
Sensitive Personal Information:
- Domestic violence allegations and supporting evidence
- Mental health and substance abuse treatment records
- Personal addresses in cases involving protective orders
Sealed Records:
A court may seal specific documents or an entire 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 and docket information |
| Parties to the case | Full access to their own case file |
| Licensed attorneys | Case files; sealed documents upon proper showing |
| Researchers and media | Public portions; court permission required for sealed records |
| Law enforcement | Statutory access as provided by law |
Prohibited Uses:
Members of the public who obtain divorce records may not use that information for stalking, harassment, identity theft, fraudulent purposes, or any use that violates an existing protective order.
How Much Does It Cost to Get Divorce Records in Fairfield County?
The Fairfield County Clerk of Court charges standard fees for copies and certified documents. Current fees are as follows:
| Service | Fee |
|---|---|
| Plain copy (per page) | $0.25 per page |
| Certified copy of final decree | $10.00 (first page) + $0.50 per additional page |
| Search fee (if applicable) | Varies by request |
| Electronic copies | Varies; contact Clerk for current schedule |
Fees for state-level divorce reports obtained through the South Carolina Department of Public Health vital records office are set separately. At present, the Department charges a fee per search, with additional fees for each certified copy issued.
Accepted payment methods at the Clerk of Court include cash, money order, and credit or debit card. Mail requests require payment by money order or check made payable to the Fairfield County Clerk of Court.
Fee waivers may be available in limited circumstances for indigent requestors upon proper application. Basic case information viewed at a public access terminal in the courthouse is available at no charge. Online docket searches through the South Carolina Judicial Department Public Index are also available without a fee for basic case information.
The SC Secretary of State's office provides apostille and certification services for vital records intended for use in foreign countries, with separate fees applicable to that process.
What's Included in Divorce Records in Fairfield County
A complete Fairfield County divorce case file contains the following categories of documents:
Basic Case Information:
- Case number, court name, and division
- Names of petitioner and respondent
- Judge assigned to the case
- Attorneys of record and their contact information
- Filing date and case type
Initial Pleadings:
- Petition for dissolution of marriage, including marriage date and location, grounds for divorce, children's information, property claims, and relief requested
- Response or answer filed by the respondent
- Counterpetition, if filed
- Financial affidavits from both parties detailing income, expenses, assets, and liabilities
Discovery Documents:
- Financial disclosure statements
- Interrogatories and answers under oath
- Requests for production of documents
- Tax returns, pay stubs, bank statements, and investment account records
Property-Related Documents:
- Marital asset inventory including real property, vehicles, bank accounts, retirement accounts, and personal property
- Debt inventory including mortgages, loans, and credit obligations
- Appraisals and expert valuations
Children-Related Documents (if applicable):
- Parenting plan specifying legal and physical custody, timesharing schedule, holiday arrangements, and decision-making responsibilities
- Child support calculation worksheets
- Income information and support amount ordered
- Custody evaluations, if ordered by the court (may be sealed)
- Guardian ad litem reports, if appointed (restricted access)
Support Documents:
- Alimony or spousal support orders specifying type, amount, duration, and termination conditions
- Calculation worksheets supporting support determinations
Settlement Documents:
- Marital settlement agreement resolving all issues including property division, debt allocation, spousal support, and child-related provisions
- Mediation agreement, if the case was mediated (note: mediation communications themselves are confidential)
Court Orders and Judgments:
- Temporary orders for custody, support, and use of property
- Final judgment of dissolution including findings of fact, conclusions of law, and all relief granted
- Qualified Domestic Relations Orders (QDROs) for division of retirement accounts
Post-Judgment Documents (if applicable):
- Petitions to modify custody or support
- Court orders on modification requests
- Contempt motions and enforcement actions
- Income deduction orders and liens
What Is Typically Confidential or Redacted:
- Social Security numbers
- Bank account and financial account numbers
- Children's residential addresses and school information
- Domestic violence details (may be sealed)
- Mental health and substance abuse evaluations
- Mediation communications
How to Get Proof of Divorce in Fairfield County?
Proof of divorce in Fairfield County may be obtained through two primary channels: the Clerk of Court and the South Carolina Department of Public Health.
From the Clerk of Court:
A certified copy of the final judgment of dissolution serves as the standard legal proof of divorce. Members of the public may obtain a certified copy by:
- Appearing in person at the Fairfield County Clerk of Court, 101 South Congress Street, Winnsboro, SC 29180, during business hours (Monday–Friday, 8:30 a.m. – 5:00 p.m.)
- Submitting a written request by mail to P.O. Box 299, Winnsboro, SC 29180, with the required identifying information and applicable fees
- Contacting the Clerk by telephone at (803) 712-6526 to confirm case information before submitting a formal request
From the State Vital Records Office:
The South Carolina Department of Public Health issues certified divorce reports for events registered from July 1962 to the present. These reports are accepted as proof of divorce for many legal and administrative purposes. Requests may be submitted in person, by mail, or online through the Department's authorized vendor.
For International Use:
When a certified divorce record is required for use in a foreign country, the SC Secretary of State's certification of vital records process provides apostille authentication. The record must first be certified by the issuing government agency before apostille services may be applied.
Can a Divorce Be Confidential in Fairfield County?
A divorce proceeding in Fairfield County may be partially or fully confidential under specific legal circumstances. While divorce records are presumptively public under the South Carolina Freedom of Information Act, § 30-4-10, the Family Court retains authority to seal records or restrict access upon a proper showing of good cause.
Circumstances under which divorce records or portions thereof may be confidential include:
- Domestic violence cases: Addresses, contact information, and identifying details of protected parties may be withheld to prevent harm.
- Cases involving minor children: Psychological evaluations, guardian ad litem reports, and custody evaluations may be sealed to protect children's welfare.
- Sealed financial records: Tax returns and detailed financial statements may be filed under seal when disclosure would cause disproportionate harm.
- Confidential settlements: Terms of settlement reached through mediation are confidential under South Carolina law and are not part of the public record.
- Court-ordered sealing: Any party may petition the court to seal specific documents or the entire case file; the court applies a balancing test weighing transparency against privacy interests.
- Sensitive personal information: Mental health records, substance abuse treatment records, and medical records introduced in proceedings may be restricted from public access.
Members of the public seeking access to sealed records must file a motion with the court and demonstrate a legitimate legal basis for access.
How Long Does Fairfield County Keep Divorce Records?
Fairfield County maintains divorce records in accordance with South Carolina's records retention schedules established for court records. At present, retention periods vary by record type:
- Final judgments and decrees: Retained permanently. These documents constitute the official legal record of the dissolution of marriage and are not subject to destruction.
- Complete case files: Family court case files are retained for a minimum of ten years following the close of the case, with permanent retention for cases involving significant property orders or ongoing child support obligations.
- Financial affidavits and discovery documents: Retained as part of the case file for the applicable retention period; may be archived after a set number of years.
- Post-judgment modification records: Retained as part of the original case file and subject to the same retention schedule.
- State vital records (divorce reports): The South Carolina Department of Public Health retains divorce reports registered from July 1962 forward on a permanent basis.
Older records that have been archived may be stored off-site and require additional retrieval time. Records predating electronic filing systems may exist only in paper format. Members of the public seeking records older than ten years should contact the Clerk of Court directly to confirm availability and retrieval procedures.