Guide to North Carolina Divorce Records

Divorce is regulated by each state and can vary widely depending on where you reside. In North Carolina, divorces are legal actions filed with the state court system and produce official documentation that legally ends your marriage.

In order to begin a divorce action in North Carolina, one spouse must file a “Complaint for Absolute Divorce” with the Clerk of the Superior Court in the county in which either party resides. Once filed, the divorce action will be assigned to a judge in the North Carolina District Court Division, which has exclusive jurisdiction over family law issues, including divorce, child custody, child support, and spousal support (alimony).

The divorce action will then proceed through a series of legal filings, motions, and orders issued by the court. Ultimately, these filings, motions, and orders collectively constitute the official divorce record and evidence that the marriage has ended.

A standard divorce record in North Carolina is likely to contain the following information, depending on what type of information you are requesting.

• Names of both spouses involved in the divorce

• The county where the divorce complaint was filed

• The court division that processed the case (district court)

• Date the divorce decree was entered

• Case File/Docket Number

• The grounds stated for the divorce (for example, one year of separation)

• Court decrees concerning child custody and visitation

• Type of divorce: contested or uncontested divorce

In North Carolina, divorce documents are kept by both county courts and state departments. Older records are generally found in paper format in courthouse archives, while newer records have been digitized within their respective court systems. Most requests for access to divorce records will be completed by the County Clerk of Court or other designated state services. However, personal data contained in a document, such as children's and financial information, may be restricted or redacted to protect privacy.

Knowing how North Carolina handles divorce, property division, and child custody will help locate and request divorce-related records.

Where are North Carolina Divorce Records Stored?

In North Carolina, the County Clerk of the Superior Court is responsible for maintaining the most comprehensive divorce records. Even though the district courts have jurisdiction over divorces, it is the superior court clerks who maintain the record of each divorce proceeding, which comprises the divorce complaint, summons, motions, court orders, settlement agreement, and final judgment.

The North Carolina Department of Health and Human Services, Division of Public Health - Vital Records, has statewide divorce records in the form of divorce certificates. The divorce certificate provides a general overview of your divorce; however, it does not include the specific details found in the county's original case file.

Is North Carolina a 50/50 Divorce State?

No. North Carolina is not a “50/50” divorce state; instead, it uses an “equitable distribution” method to divide marital property at the time of divorce. Equitable distribution means that a judge will divide marital assets and debts as he/she deems fair and just under the circumstances of the case. A judge has no obligation to split all marital assets and liabilities equally, but may use his/her discretion in making this determination.

North Carolina's equitable distribution is governed by Chapter 50-20 of the North Carolina General Statutes, which provides the legal basis for dividing property during a divorce. This statute indicates that when judges divide marital property and debts acquired during the marriage, they should consider several factors to achieve a fair and just division of the marital estate, rather than an automatic 50-50 split.

Courts in North Carolina use several important considerations when determining how to fairly divide all marital property; these include:

• The Length of the Marriage: A longer marriage would likely be divided equally, whereas a short marriage would likely be split unevenly.

• Each Spouse's Contributions: Financial and non-financial (such as homemaking or child-rearing) contributions are taken into account.

• Income and Earning Capacity: Both spouses' current and potential income, education, and financial capabilities will be considered by the court.

• Separate Property vs. Marital Property: Property obtained prior to the marriage or received as an inheritance/gift remains separate property, while marital property can be divided according to the court's determination of what is “equitable.”

• Fault Considerations: Although North Carolina is generally a “no-fault” divorce state, in some circumstances, misconduct such as adultery, wasting marital assets, etc., may affect property division.

Types of North Carolina Divorce Records

In North Carolina, there are several forms of divorce records that serve various legal and administrative functions. Some divorce records include detailed information about the divorce proceeding and any court decisions made during this process. Others are simply used to provide proof that a couple has been divorced and legally separated.

North Carolina Divorce Certificate (Certificate of Divorce)

A divorce certificate in North Carolina provides an abstract of the divorce rather than the actual court documents. This document generally lists the names of both parties, the county where the divorce was approved, and the date the divorce became final.

While it does not provide all the information available in the complete divorce decree, a divorce certificate is accepted as official proof of a divorce. It is generally used for identification purposes, to obtain a new marriage license, to run a criminal history check, or to meet other administrative requirements. You can easily access your divorce certificate after presentation of sufficient identification.

Divorce Decree (Final Judgment of Divorce)

The divorce decree, or “Final Judgment of Divorce,” is the primary legal document in the dissolution of a North Carolina marriage. The divorce decree is prepared and approved by the Clerk of Superior Court in the county where the divorce action was brought. It is signed by a judge and issued by a court; both parties are bound to the terms of the decree.

A typical decree will contain several rulings, as follows:

• Property and Debt Division: A divorce decree details which assets and debts will be divided between the spouses.

• Alimony: The divorce decree typically includes the amount of spousal maintenance and the duration of payments from one spouse to the other.

• Child Custody and Support: This describes how children will be cared for (custody) and who will pay for their care (child support).

• Final Judgment Date: The official date that the judge signs the divorce decree. This is the date that the marriage officially ends.

A divorce decree can serve as an official document to enforce child or spousal support, resolve property distribution issues, or address other post-divorce legal matters, such as immigration or financial disputes.

How to File for Divorce in North Carolina (Step-by-Step)

To file for divorce in North Carolina, you will need to meet the state's residency requirement, which is that at least one party to the case must have been a resident of North Carolina for at least six (6) months prior to filing for divorce.

Once you have met the residency requirement, you must also prove that both parties were living “separate and apart” for at least one (1) year prior to filing for divorce with the intention of terminating your marriage. This is the legal requirement that must be met before you can file for a divorce in North Carolina.

The next steps in obtaining a divorce in North Carolina, once you have fulfilled the residency requirements, involve determining whether your divorce will be an “uncontested” or a “contested” case.

• Uncontested Divorce: This occurs when both spouses agree on most key issues, including the division of assets and liabilities; who will provide spousal support; and what type of custodial arrangement should be made regarding children and children's time with parents.

  There is no material disagreement between spouses that requires the court to decide; uncontested divorces generally proceed much faster than contested ones. In addition, they are less costly, since there are fewer court hearings and less conflict between the parties' attorneys.

• Contested Divorce: When a couple cannot reach an agreement on one or more key issues, such as spousal support, property division, child support, or child custody, their divorce is considered contested. Resolving the issues takes longer than in an uncontested divorce because the parties cannot reach a mutual decision on these matters.

  In addition to negotiating with each other's attorney, the parties will have to go through the discovery process, which involves exchanging financial and other relevant information. If the parties do not reach a settlement through negotiation, mediation, or a mediator, they may ultimately go to trial. At trial, the judge will make the final decisions on all unresolved issues.

Step-by-Step Divorce Process

The first real step in getting a divorce in North Carolina is assembling the filing packet. The filing packet contains the documents needed to officially begin the legal process with the court. It is important that you prepare the documents correctly, as they will provide the court with information about the parties, confirm the legal requirements for divorce, and explain the relief the filing party is seeking.

Prepare the Filing Packet

• Identify the divorce path (1A vs. 1B): Decide if the divorce is contested or uncontested.

• Typical documents: Put together the following documents.

  • Complaint for an Absolute Divorce: This is the form used to file with the court to request that it end the parties' marriage. It generally states the parties' names and that they meet the legal requirements for divorce, namely, residency and separation.

  • Civil Summons: This form serves as a formal notice to the non-filing spouse that a divorce case has been filed and informs them of their right to respond within a specified time frame.

  • Financial Affidavits: In cases involving financial disputes, courts often require financial affidavits from both spouses that include their income, assets, liabilities, and expenses to determine the fair amount of spousal support or the equitable division of marital property.

  • Separation Agreement (if applicable): Use this form if the divorce is an uncontested divorce, and you and your spouse have prepared a written Separation Agreement outlining how you intend to divide your property, who will pay which bills, and other details.

  • Beginning of the Domestic Civil Action Cover Sheet Form: The Domestic Civil Action Cover Sheet allows the courts to file your case correctly, as well as determine if service has been requested by the other party and whether or not either party is being represented by a lawyer.

  • Servicemembers Civil Relief Act Affidavit: This affidavit will help the judge confirm that your spouse, who is the defendant, is not in active duty status within the U.S. military; therefore, they are exempt from civil lawsuits.

• Filing Fees and Fee Waivers (Indigency): A filing fee of $225 and a $30 fee for the sheriff's service process must be paid to initiate a divorce action. However, if you are financially unable to pay this expense, you can petition the court to allow you to proceed without payment because of your financial status.

In order to do so, you will submit a Petition to Proceed as an Indigent (Form AOC-G-106) to the court. If your request is approved, you will not have to pay the filing fee to the Clerk of Court or the service-of-process fee to the Sheriff.

Here is the complete North Carolina Divorce Packet with guidelines on how to complete the form and a requirement checklist to ensure your application documents are accurate.

File the Case

After preparing the required documentation for your divorce, you need to file a formal divorce petition with the appropriate North Carolina court.

• Where to File: You can submit the divorce packet to the Clerk of Superior Court in the District Court Division of the county in which either spouse resides.

• Filing Methods: There are several ways to submit the divorce paperwork to the court.

  • In Person: You can take your divorce documents to the Clerk of Superior Court's Office at the courthouse. The clerk will check your documents for completeness, collect the appropriate filing fee, and establish a docket number that will formally start your case.

  • By Mail: Some counties allow you to file your divorce documents via mail to the Clerk's Office. As with an in-person filing, you need to send copies of each required document, along with the proper filing fee.

  • Filing (e-filing): In North Carolina, some courts offer e-filing. Electronic filing allows attorneys representing clients, as well as self-represented parties, to submit their divorce paperwork electronically.

• What You Receive: Once you have successfully filed the case, the courts will issue the following:

  • Case Number: You will receive the case number for the divorce case, which you will use when communicating with the court.

  • Summons: That notifies the other spouse that a divorce case has been filed and explains when they must respond.

  • Initial Court Notices: You will also receive notices or scheduling information explaining the next steps in the case.

Service of Process (Primarily for Contested Cases)

After filing for divorce, the other spouse must be formally notified by the filing spouse (or their attorney) that a divorce action has been filed in court. This can typically be accomplished using the services of:

• The sheriff

• Professional process servers

• Certified mail

After the documentation has been delivered to the other spouse, it is necessary to provide the court with evidence that the other spouse was properly notified of the divorce action. If the filing spouse is unable to locate the other spouse, the court may permit alternative methods of service to continue the case, such as publishing a notice in a newspaper. The filing spouse must demonstrate to the court that they exhausted all avenues to locate the missing spouse.

Early Case Phase and Temporary Orders

The early stages of a divorce case occur after the case has been filed and the other spouse has received notice (or service) of the case. Typically, at this stage of the case, a judge may issue “temporary orders.” The purpose of these orders is to maintain stability and create an atmosphere in which everyone (the spouses and their children) can operate with minimal disruption until the judge decides on the final disposition of the divorce case.

These orders are temporary, intended only to meet the current needs of the parties (both spouses and children) and to preserve each party's rights until the court makes a final determination in the divorce case.

• Temporary custody and visitation: Arrangements for where the kids will live and how often each parent sees their children (custody and visitation).

• Temporary child or spousal support: Financial assistance to one spouse by the other until a final decision on spousal or child support is made.

• Use of marital residence: Decision on who gets to live in the marital home until the divorce is finalized.

• Protective or restraining orders: Safety measures, such as restraining orders, when there is a concern that one spouse may be harassing or harming the other.

Financial Disclosures and Discovery

In a North Carolina divorce, especially in a contested divorce, each party must disclose all information relating to their financial status. This allows the court to make an informed decision on how to divide the marital estate, what type and amount of child support to order, and whether spousal support should be awarded.

• Mandatory Financial Statements: Here, each spouse provides the other with complete and accurate financial information, typically including income, expenses, assets, and liabilities.

• Supporting Documents: The financial affidavit is typically supported by documentation such as pay stubs, tax returns, bank statements, or statements from retirement accounts to verify the accuracy of the information provided.

• Discovery Tools: Discovery is the legal process by which both spouses gather information about their income, expenses, debts, and assets to divide their marital property fairly and determine how much spousal support (alimony) may be paid.

Some common discovery tools include:

• Request for Documents: Requesting the other spouse to produce financial statements and other relevant financial documentation.

• Interrogatories: A written set of questions that the other spouse has to respond to in writing while under oath.

• Subpoenas: A court order to compel banks, employers, and other third-party witnesses to produce financial documentation or appear at trial.

• Depositions: Oral sworn testimony provided before a court reporter; depositions are typically used when there is an issue with the accuracy of information submitted regarding marital assets, income, or other facts.

Case Management and Court Conferences

During a contested divorce proceeding, the court may hold case management or pretrial hearings to maintain order. At these hearings, the judge will assess the case's current status, resolve any outstanding matters, and, if necessary, confirm that each party is ready for trial.

A Case Management Conference is an early meeting with the judge. It allows the judge to determine whether both sides have completed all of their obligations regarding the discovery process, filing motions, and the exchange of financial or other relevant information related to the lawsuit.

A pre-trial conference is a meeting with the judge that occurs before the trial begins. The purpose of a pre-trial conference is to allow the judge to review any outstanding issues or disputes in the case.

Judges typically expect both parties to be well prepared for their cases; they expect each party to have made the appropriate disclosures and submitted all relevant documentation. Additionally, judges typically like to see evidence that the parties attempted to settle the pending issues, met all applicable deadlines, and clearly defined which are the core issues in the dispute that cannot be resolved without going to trial.

The purpose of these conferences is to provide the parties with an opportunity to resolve the issues by agreement or to narrow the issues to be tried, thereby streamlining the litigation process and avoiding surprises at trial.

Settlement or Trial

Most couples resolve the majority of their disagreements before the case goes to trial in divorce court. Some ways couples can settle their divorce issues without going to trial include:

• Spouses negotiate directly with one another and agree upon how to divide their property, who shall have custody, and support obligations.

• A mediator assists both spouses in negotiating and reaching an acceptable agreement.

• An attorney negotiates on behalf of their client to reach a settlement agreement that resolves all remaining issues.

If the parties are unable to reach an agreement regarding the issues in dispute, the matter may go to trial before a judge.

During the trial, each side will present its argument and supporting evidence. Both parties may present various forms of financial documentation and records, and may call on various types of witnesses to testify regarding the matters at hand. Attorneys may provide a written summary outlining what decision they believe the judge should enter, based on the evidence presented.

Following a review of the evidence and a hearing of all testimony, the Judge will enter a final judgment that details the resolution of the issues in dispute. Once the final judgment has been entered in the court record, it becomes a binding order on both parties, and they must comply regardless of whether they agree with it.

Judgment, Waiting Periods, and Finalization

Under North Carolina state law, spouses are required to live separately and apart for a minimum of one (1) year with the intention of dissolving their marriage before either spouse can file for an absolute divorce. The one-year separation serves as a “cooling-off” period.

When the one-year living separately requirement has been fulfilled, and the court has reviewed your case, a judge will then enter the Final Judgment of Absolute Divorce, making the divorce final and a public record.

Unlike some states, North Carolina does not require a waiting period for either spouse to remarry after a divorce has been granted; both parties are free to remarry immediately upon receiving the Final Judgment of Absolute Divorce.

Child Custody and Child Support in North Carolina Divorces

If minor children are involved in a divorce, the court must determine custody and child support. In determining which parent to award physical custody, judges use the “best interests of the child” standard to guide their decision-making.

The “best interests of the child” standard is a legal framework that allows the court to evaluate and determine which custodial arrangement is in the child's best interests. There are several factors the judge could consider when deciding which parent should have physical custody of the child. They include:

• The child's relationship with each parent

• The stability of each parent's home environment

• Each parent's capability to care for the child

• If the child has expressed a preference, dependent on the child's age and maturity

• The amount of time each parent spends with the child and is involved in their daily life

Legal Custody vs. Physical Custody

There are two major categories of custody that exist in North Carolina:

• Legal Custody: Legal Custody is the right to make major decisions for your child, including educational and health care decisions. Legal custody can either be shared by both parties (Joint Legal Custody) or one party can have sole legal custody as determined by a court decision in various circumstances.

• Physical Custody: Determines the child's residence and the amount of time spent with each parent. Physical custody can also be awarded jointly (where the child will spend considerable amounts of time with each parent) or physically to one parent (solely) while the other parent is entitled to visitation or other designated time with the child.

Child Support Guidelines and Enforcement

In North Carolina, child support is determined by state guidelines to establish an equitable amount for the child's benefit. The guidelines consider each parent's income, the total number of children being supported, any childcare expenses (e.g., daycare), and health insurance premiums to determine how much a parent should pay monthly to support their children.

Once a child support order has been entered, it can be enforced through the courts. If a parent does not comply with the terms of their court-ordered child support obligation, the enforcing authority may use one or more of several enforcement mechanisms available to them, including but not limited to:

• Wage withholding

• Intercepting the parents' tax refund

• Suspending the parent's driver's license

• Taking other legal action to collect past due amounts of child support

Property, Debt, and Alimony in North Carolina Divorces

Frequently, divorcing couples face the problem of dividing their marital assets in addition to ending their marriage. In North Carolina, a judge will only be able to divide marital property based on what he/she believes is fair under the circumstances of the divorce.

• Marital Property: Marital property includes assets and debts acquired by either party during the marriage. Examples of marital property include the family home, automobiles, checking accounts, retirement funds, and joint liabilities. All of these items are subject to equitable division when a couple gets divorced.

• Separate Property: Typically, separate property includes assets that one party owned prior to the marriage, or gifts or inheritances received by each party during the marriage. Separate property is generally retained by the original owner of that asset unless it becomes “mingled” with marital property.

Debts acquired by either of the spouses during the course of the marriage are included for consideration during the equitable division process. The court will determine whether each debt is a marital debt (i.e., incurred jointly by both spouses) or whether it belongs solely to one of the spouses.

In general, marital debts, including credit card debt, mortgages, and joint loans, may be divided in a manner that takes into account

• Each spouse's financial situation

• The spouse who incurred the debt

• Which spouse benefited from the debt

• Each spouse's level of contribution

Spousal support, also known as alimony, is ordered by the court in certain divorce cases. The intent of alimony is to provide the economically dependent spouse with sufficient income to live comfortably at a standard that he/she was accustomed to during the marriage, once the marriage has ended.

Depending on the case, North Carolina courts have the authority to order one or all of three forms of alimony:

• Periodic Alimony: Periodic alimony refers to the regular payments of a specified sum of money that are made over an extended period of time, such as monthly, until the expiration of the periodic alimony or the occurrence of a specified event.

• Rehabilitative Alimony: Rehabilitative alimony is temporary support intended to help a spouse acquire education, training, or work experience to become economically self-sufficient.

• Lump Sum Alimony: Lump sum alimony refers to the payment of a fixed sum of money (which may be paid in installments), rather than making regular monthly payments of a specified sum of money.

Errors, Omissions, and Corrections in North Carolina Divorce Records

Divorce documents are often subject to mistakes, which can result in incorrect or omitted information; for example, incorrect names, dates, or missing information. Inaccurate divorce records can create serious legal issues when it comes to dividing property, obtaining custody, or determining who will be responsible for financial obligations.

If you find a mistake on your divorce document, you must contact the Clerk of the Superior Court in the county in which you filed for your divorce. They can help you through the correction procedure, which includes providing a written statement explaining the errors found in the document and the supporting documentation for the corrections. However, some amendments to divorce documents may need to be signed by a judge.

Once corrections have been made to your divorce document, you may obtain a certified copy of your corrected divorce document from the Clerk of the Superior Court of the county in which your divorce document was issued, or certificates from the North Carolina Vital Records Office.

How to Access North Carolina Divorce Records

There are several options when searching for North Carolina divorce records, depending on whether you're looking for the certificate or the complete divorce decree. Each option will have different requirements and costs to obtain the document.

Online

• Divorce Certificates: Official divorce certificates can be ordered online through VitalChek, an authorized third-party vendor for the North Carolina Department of Health and Human Services.

• Divorce Decrees: The divorce decree is typically very difficult to locate for free online.

In-Person

• Certificates: If you would like to get a copy of your divorce certificate in person, go to the state department of health. They will be able to provide you with a copy of the certificate once you fill out the application form. You will receive a copy the same day.

• Decrees: To receive the complete divorce decree, you will need to contact the Clerk of Superior Court in the county where the divorce case was heard. They can provide you with certified copies of the Final Judgment and any other related documents filed.

By Mail:

You can also order both a certificate of divorce and the complete divorce decree by mail. To do this, you will need to send the completed request form, your identification, any required payment, and a self-addressed return envelope so the requested documents can be mailed back to you.

North Carolina Courthouses That Handle Divorces

Knowing which court to contact is essential for filing for divorce, obtaining copies of records, or simply learning about a current case.

Court Authority for North Carolina Divorce Cases

The Clerk of Superior Court in each county is responsible for managing divorce filings and maintaining the official record of divorce cases filed within their county. Although it is the judge who hears the divorce case, the Clerk's Office is your first stop when submitting documents, ordering certified copies of your divorce decree, and inquiring about the status of your case.

County-Based Filing

A divorce may only be filed in the county where at least one of the parties to the action resides. This provides the court with jurisdiction to hear and decide the divorce action. Due to each county having its own Clerk's Office, this also means that to obtain a copy of a divorce decree, you will generally have to contact the Clerk's Office in the county that granted the divorce.

Here are places you can find divorce records in North Carolina:

• Wake County - Wake County Clerk of Superior Court
  

• Mecklenburg County - Mecklenburg County Clerk of Superior Court
  

• Durham County - Durham County Clerk of Superior Court
  

• Cumberland County - Cumberland County Clerk of Superior Court

Jurisdiction Basics

All Divorces and other family law matters, including child custody, support, alimony, and property, are heard by the District Court Division of the Courts of North Carolina. Therefore, you cannot file a divorce action in Circuit Court, Probate Court, or Municipal Court, as these types of actions can only be heard in the District Court Division. If you want to confirm that your divorce is on file, obtain certified copies of your divorce decree, or learn how to file for divorce, contact the Clerk's Office.

Examples of North Carolina District Courts

Each county in North Carolina has a District Court that presides over divorce cases. Some of these courts include:

• Wake County District Court (10th Judicial District, North Carolina)

• Mecklenburg County District Court (26th Judicial District, North Carolina)

• Guilford County District Court (18A Judicial District, North Carolina)

• Forsyth County District Court (19A Judicial District, North Carolina)

• Durham County District Court (14A Judicial District, North Carolina

Role of the District Court Clerk

The clerk maintains a record of all divorces that occur within the county. They file the divorce papers, serve the summons, enter judgments, and issue certified copies of divorce decrees and other supporting documentation. In general, the clerk's office will be the initial point of contact for any divorce-related inquiry, either in person, via mail, or via online services.

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