Q: How to obtain a divorce decree from 1982 in SC?
In 1982, I hired a lawyer in Oconee County, South Carolina, for my divorce. A summons and petition were filed and served to the defendant, and there's an affidavit of default on file, indicating the defendant did not respond. However, there is no divorce decree available, and the lawyer has since passed. I recently discovered this situation, as I believed I was divorced. The case number is 1982DR3700538, and the court documents include the original summons, complaint, affidavit of service, and affidavit of default. What steps do I need to take to obtain a divorce decree?
A: Your delimma presents a multitude of legal issues. While a longshot, I would likely want to explore the continuation of the original case in an effort to allow the relation back to date of filing for the defining of the marital estate. I would assume since that time you have acquired assets you would want to protect. To bolster this opportunity in eyes of the current court I would also highlight the fact that clients should not be prejudiced by failures of lawyers or the courts. This is one approach, but you will need an experienced family court attorney.
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A:
To obtain the divorce decree from 1982 in South Carolina, start by contacting the Oconee County Clerk of Court. You can search for records by case number, which in your case is 1982DR3700538. The Clerk of Court will have access to the divorce case file and can provide you with the decree, assuming it was finalized.
You may need to submit a written request or visit the court in person. If you’re unable to go in person, calling the Clerk of Court office and explaining your situation is a good step. They may offer guidance on how to formally request the document.
In some cases, if a decree wasn't officially issued, the court may still have a judgment on file that you can request. If you need further assistance, it’s worth inquiring whether the court can assist in confirming the status of the case or if any additional steps are required.
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