A divorce decree is the final order that ends a marriage. It sets the date the union closes and the terms that follow: property, debt, support, and children. In Charleston County the Family Court at 100 Broad Street keeps these files. A decree is not the same as a certificate of divorce, and a reader often needs both. The order carries a case number that ties every later change to the same file.
This page explains how to find a decree, what the order usually covers, and how to order a copy. It covers custody language, support terms, sealed material, and name corrections. Fees and identification rules come from the court, and they can change. A reader who has no case number can still search by name and year. Confirm details with the family court clerk before a visit.
Divorce Decree Search
A decree search needs a name and a year. The Family Court index holds both.
- Family Court online services and case search: https://www.charlestoncounty.gov/online-services.php
- Case number formats used by the Ninth Judicial Circuit.
- Terms a decree covers, from property to visitation.
- Certified copy steps, identification, and fees.
- What stays sealed and who may ask for it.
Decree Terms & Custody Provisions
The order is a package rather than a single page. A judge signs a final decree that recites the grounds, divides property, sets support, and rules on children. Attachments may include a settlement agreement and a parenting plan. Each part carries its own enforcement rules. Read the last page first, since the signature and the filing stamp fix the date the order took effect. A file may run to many pages.
| Decree section | What it usually covers | Later change |
|---|---|---|
| Property division | House, land, vehicles, and accounts | Deed or title transfer |
| Debt allocation | Mortgage, cards, loans, and medical bills | Refinance or payoff order |
| Custody and visitation | Legal custody, schedule, holidays, travel | Modification motion |
| Child support | Monthly amount, insurance, and add-ons | Income review |
| Spousal support | Amount, term, and end date | Modification motion |
| Name restoration | Return to a former or maiden name | Separate order |
The table maps a typical order, and a real file may order the parts another way. A settlement can fold several terms into one paragraph. A judge may leave one issue open and set a later hearing. Read every section that names money, since a missed obligation can lead to a contempt filing. Ask the clerk for the full document, not just the first page.
Property Division & Debt Allocations
South Carolina divides marital property under equitable rules, and an equal split is common but not automatic. The decree lists real estate, vehicles, accounts, and retirement funds, then assigns each item. It assigns debts too, from a mortgage to a credit card. A refinance or a deed transfer may be ordered within a set period. Confirm that the transfer was recorded before you treat the file as closed.
Child Custody, Support & Visitation Orders
A decree with children runs longer than one without. It names the custodial parent, sets a visitation schedule, and fixes a support amount under a state formula. It may add health insurance, school rules, and a travel notice. Support continues until a set age or a listed event. A parent who wants a change files a motion rather than edit the order by hand. Keep the schedule with the school and the doctor.
Spousal Support & Post-Judgment Modifications
Alimony may be periodic, lump sum, or temporary, and the decree states which form applies. A change in income, health, or need can support a modification motion. The moving party files a financial declaration and serves the other side. A judge decides whether the original term stays or shifts. A modification does not rewrite history, so payments due before the new order still stand. Keep proof of each payment you make.
Judicial Approval & Final Judgment Dates
Two dates matter. The hearing date is when a judge takes up the case, and the filing date is when the clerk enters the order. The second date usually starts the appeal clock and the waiting period before a new marriage. A judge may sign in open court and file the paper days later. Ask the clerk which date the docket shows, and copy it exactly.
Official Copies & Request Procedures
Copies come from the clerk who holds the file, not from the judge who signed it. A request states the case number, the party names, and the document you want. The clerk pulls the image and prints it on plain paper or on certified stock. A certified page carries a seal and a signature. Allow time for a file that sits in storage or on microfilm.
| Office | Address | Phone | Public hours | Official site |
|---|---|---|---|---|
| Charleston County Family Court | 100 Broad Street, Suite 143, Charleston, SC 29401-2265 | (843) 958-4400 | Monday-Friday, 8:30 a.m.-5 p.m. (excluding county holidays) | https://www.charlestoncounty.gov/online-services.php |
The table lists the counter that keeps Charleston County family files. The office sits on Broad Street in downtown Charleston, and it closes on county holidays. Parking fills early, so allow extra time. Bring the case number, a photo ID, and a payment method. A clerk can confirm whether the file is in the building or in storage before you pay for a search. Ask for the records window at the front desk.
Certified & Uncertified Copy Distinctions
A plain copy serves reading and research, and a certified copy serves legal proof. The certified page carries a raised seal, a clerk’s signature, and a statement that the image matches the file. Banks, insurers, passport offices, and title companies usually insist on the certified form. An uncertified page costs less and arrives faster. Ask which form the receiving office accepts before you order. A wrong choice means a second fee.
Required Applicant Identification & Uses
Any requester shows a current photo ID at the window. A mailed request includes a copy of that ID with a signature. The clerk may ask why the copy is needed and who will receive it. A person outside the case can usually buy a copy of an open order, and a sealed file needs a court order. State the use in one line on the form.
Copy Fees & Fulfillment Timelines
South Carolina sets a per-page fee for copies, and a certification adds its own charge. The clerk collects payment when the order is placed in most offices. A same-day request works for a file on site, and a stored file may take a week or more. Ask for an estimate before the clerk starts, and request a receipt. Mail delivery adds a few days to the total.
Public Availability & Confidentiality
Most family court files are open, with limits. A final decree sits in the public record once the clerk files it, and anyone may read it at the courthouse. Financial declarations and settlement talks often stay out of view. A judge can seal a document or close a hearing when a child or a safety risk is involved. Ask the clerk what the docket shows before you request a part of the file.
Open Directory Files & Sealed Record Rules
The docket is the index a reader sees first. It lists the parties, the case number, the filing dates, and the title of each document. Some titles appear even when the document itself stays sealed. A sealed record needs a judge’s order to open, and the request goes to the court that sealed it. A clerk cannot lift a seal at the counter. Bring the case number and a written reason.
Protected Personal & Financial Data
A family file can hold a Social Security number, a bank statement, a pay stub, and a medical note. State and federal rules limit how those pages reach the public. The clerk may redact a number or refuse a copy of an exhibit. A financial declaration often stays out of the public view. Ask for the page you need, and expect a review before release.
Correcting Clerical & Name Errors
A misspelled name or a wrong date calls for a correction motion. The party files a short request that names the error, states the correct fact, and attaches proof such as a birth certificate or a license. A judge signs an amended order, and the clerk files it under the same case number. The first page stays in the file. Keep both versions when a bank or an insurer asks.
Record Accuracy & Resolution
Two files may describe one marriage and still differ in small ways. A maiden name, a suffix, or a hyphen can split an index. A decree entered in another county stays with that county, even when the parties moved to Charleston. Start with the county that granted the divorce. Then match the case number, the filing year, and the full names before you order anything.
Matching Case Numbers & Issuing Courts
A family case number usually carries a year, a case type code, and a sequence. The Ninth Judicial Circuit serves Charleston County. A file opened in another circuit will not appear in the local index. Write the full number with every letter and dash. Ask the clerk to read it back before the search begins, then note the court that issued it. That small step prevents a wasted copy fee.
System Delays for Recent Decrees
A judge may sign an order in court and file it the same day, or a week later. The clerk indexes the paper after filing, and the online docket follows. A decree from last week may sit in a stack. Call the family court when a deadline depends on the date. Give the case number and ask whether the order has been entered, not just signed.
Unlisted Decree File Resolution
A blank result usually means a wrong county, a wrong year, or a name that changed. Try the maiden name, the former married name, and initials. Ask whether the case was filed as a separate support action or under a different title. A dismissal or a settlement may close a file with no final decree. Request a docket search across two years, and keep the written reply.
Frequently Asked Questions
These questions come from people who need proof of a divorce for a loan, a passport, or a new marriage. Each answer names the office, the identifier, and the usual wait. Court rules and fees can change between visits. A sealed file needs a judge’s order, and a clerk will explain the form. Nothing here replaces the certified page that a bank or an agency demands.
How do I locate a final divorce decree in Charleston County ?
Start with the Family Court index at 100 Broad Street. Search by the full name of either spouse and the year the case ended. A case number returns the file at once. The docket shows the title of each document, and the final decree carries the word judgment or decree. Write the number down, then ask the clerk for the image. A name change can hide a file.
What is required to obtain a certified divorce decree?
A photo ID and the case number top the list. The clerk checks that the requester is named in the case or has a lawful use for the copy. Pay the per-page fee plus the certification charge. The clerk prints the order, stamps the seal, and signs the page. A mailed request needs a signed letter, a copy of the ID, and a check. Allow a week for mail service.
Are financial terms and custody orders open to the public?
Partly. The final decree is a public record, and it recites property awards, support amounts, and a custody schedule. Working papers behind it often stay closed. A financial declaration, a settlement letter, and a guardian report may sit under seal or outside the public file. A judge can close a hearing that involves a child. Ask the clerk which documents the docket lists as open. Hand the case number to the clerk at the counter.
Who confirms missing or unlisted dissolution decrees?
The family court clerk is the first call. Give both names, the approximate year, and any number you hold. The clerk can search the docket by party and by year. If the case was heard elsewhere, that county holds the order. When a file cannot be found, ask for a written statement that no record exists. A bank may accept that note in place of the decree. Keep the reply with the loan papers.