North Carolina Divorce Records

Divorce rates in North Carolina are around 2.7 per 1,000, higher than the national rate of 2.4 per 1,000 total population.

North Carolina is a "no-fault" divorce state. This means that a couple can get divorced without needing to prove any wrongdoing on the part of either spouse, provided that certain statutory conditions (outlined in Chapter 50 of the North Carolina General Statutes) have been met. Notwithstanding this, the state also allows for "divorce from bed and board" on fault-based grounds, such as cruel or barbarous treatment, abandonment, or adultery; however, this only leads to a legal separation and is not considered an "absolute" divorce.

On average, divorces in North Carolina cost about $10,113 per person (slightly higher than the national average of $9,969) - costs are influenced by factors like attorney fees, court costs, and mediation expenses. Contested divorces - where couples dispute issues like asset division or child custody - are typically more complex and costly, while uncontested divorces - where spouses agree on all terms - tend to be faster and cheaper.

Are Divorce Records Public in North Carolina?

In North Carolina, divorce records are generally considered public records and may be accessed by any interested member of the public in line with the stipulations of the state's Public Records Law. However, certain information contained in these records may be redacted or restricted for privacy reasons. These include details on minors and domestic violence or abuse victims, social security numbers, financial account information, and any information sealed by court order.

What Is Included in North Carolina's Divorce Records?

North Carolina divorce records refer to a broad scope of documents related to divorce proceedings in the state. These records are grouped into three main types:

• Divorce Certificates: This is a formal record of the divorce that typically contains basic details like the names of the divorcing couple, the party who initiated the divorce proceeding, the couple's marriage and separation dates, and the divorce date. Divorce certificates are maintained at the state and local level by the North Carolina Office of Vital Records and clerks of court, respectively.
• Divorce Decrees: This is the official court judgment that finalizes the divorce. These documents are maintained by the clerk of court in the county where the divorce was granted and typically outline the terms of the divorce, such as property division, child custody, and support.
• Divorce Case Files: This is a collection of the documents filed during the divorce proceedings, including petitions, financial affidavits, and settlement agreements. Some documents in these files (such as the settlement agreement) are considered confidential; as such, access to full files is often restricted to protect privacy. Divorce case files are also kept at the court that granted the divorce.

How Do I Find North Carolina Divorce Records?

Divorce records in North Carolina are managed at both county and state levels, and certified copies of these records may be accessed through clerks of court offices and the state's Office of Vital Records. Common reasons for requesting certified copies of a North Carolina divorce record include:

• For official proof of your divorce status
• To facilitate a name change and/or update legal documents
• To update wills, trusts, or other estate planning documents
• To modify or enforce court orders regarding custody, visitation, or support
• To apply for certain government benefits, insurance claims, and other similar financial matters

Look Up North Carolina Divorce Certificate

The North Carolina Office of Vital Records maintains copies of divorce certificates from 1958 to date. Interested parties may obtain copies of North Carolina divorce certificates through various ordering options, including online, mail, telephone, and in-person visits (an appointment is usually required for this). There is a standard fee of $24 that covers a search period of three years and the cost of one copy of the record; this fee is non-refundable, even if the requested record is not found. Additional processing fees may apply, depending on your selected ordering option.

Alternatively, you may request copies of divorce certificates through local clerks of court. Note that these officials may only offer copies of divorce records for divorces granted in their respective jurisdictions. Contact the appropriate clerk of court for specific information on their records request procedure and fees.

It is important to note that, under state law, certified copies of North Carolina divorce certificates may only be obtained by

• The parties named on the record.
• Either party's current spouse, sibling, direct ancestor, direct descendant, stepparent, or stepchild.
• A person who wishes to obtain information for a legal determination of personal or property rights.
• The legal representatives, attorneys, or authorized agents of any of the eligible requesters mentioned above.

Requesters who do not belong to any category listed above may only obtain uncertified copies of the divorce certificate.

Look Up North Carolina Divorce Decree

Copies of divorce decrees are available through the clerk of court in the county where the divorce was finalized. To obtain these records, you will typically need to provide details like the names of the divorcing couple and an approximate divorce date. You may be required to complete a request form (available at the clerk's office and online in some counties), provide a valid photo ID, and pay a search and/or copy fee - this varies by county but generally ranges from $10 - $25 per copy. Contact the appropriate clerk of court for more information.

Look Up North Carolina Divorce Court Records

North Carolina divorce court files are also maintained in the county where the divorce was granted; as such, they may also be accessed through the county's clerk of court's office, usually for a fee. Be aware that some documents contained within the court file may be restricted from public disclosure.

Can You Seal Divorce Records in North Carolina?

Yes, you may seal divorce records in North Carolina; however, to do this, you must provide the court with a compelling reason, such as the need to protect the identity of victims of domestic violence, shield children from harm, or restrict sensitive financial or medical information from public access. Note that, in most cases, the court will only seal the specific sections of the record or document containing the sensitive information; entire divorce court files are rarely sealed.

The record sealing process generally involves filing a motion to seal with the court that handled the divorce and submitting necessary documentation/evidence justifying the request. Depending on the court, you may be required to attend a hearing where a judge will evaluate the need for the confidentiality of the records against the public's right to access this information. If the motion is granted, the sealed records will be removed from public view and may only be accessed via court order.

How Long Does a Divorce Take in North Carolina?

Divorce timelines in North Carolina can vary significantly depending on whether the divorce is contested or uncontested. A fundamental requirement for divorces in the state is that the couple must have lived separately and apart for one year before an absolute divorce may be granted. For uncontested divorces, legal proceedings are typically finalized within 2 - 3 months after the separation period. Contested divorces may take up to a year or more (excluding the separation period) before being finalized, depending on the complexity of the disputes and the couple's willingness to reach a mutual compromise.

Does North Carolina Require Separation Before Divorce?

Yes. Under state law, couples must live separately and apart for one year (and one of them must have also resided in North Carolina for at least six months) before they can file for divorce.

How Are Assets Split in a North Carolina Divorce?

Section 50-20 of the North Carolina General Statutes stipulates that courts shall provide for the equitable distribution of marital property and divisible property between divorcing couples. Marital property refers to all real and personal property (including assets and debts) acquired by either or both spouses from the date of marriage up to the date of separation, while divisible property refers to changes in value of the marital property that occur after separation but before the divorce is finalized.

Per this law, courts are required to start with an equal distribution of the marital and divisible property before adjusting to a more equitable distribution if it determines that the equal split would be unfair. The court typically has to consider certain factors to determine a fair split, such as:

• Each spouse's income and debts
• The length of the marriage
• Each spouse's health
• The need of the custodial parent to reside in or own the marital home
• Each spouse's contributions to the marriage (financial or otherwise)
• Each spouse's actions towards maintaining, preserving, expanding, developing, wasting, neglecting, or damaging the marital property
• The tax implications to either spouse

Who Gets Custody of a Child in Divorce in North Carolina?

In North Carolina, child custody decisions are based on promoting the best interests and welfare of the child. Historically, courts often favored mothers as primary custodians, reflecting societal norms of the past. However, per the state's current laws, courts are not allowed to automatically presume which parent (whether biological or adoptive) will be in the best position to promote a child's interests and welfare when deciding who gets custody of the child during divorce proceedings. Regardless of this, fathers still often face challenges in securing equal parenting time - surveys indicate that, on average, fathers in North Carolina receive 27.9% of parenting time, which is below the national average of 35%.

North Carolina recognizes two main types of custody:

• Legal Custody: The right to make major decisions about the child's life, such as education and healthcare.
• Physical Custody: Where the child resides and the day-to-day caregiving responsibilities.

Both types of custody may be awarded solely to one parent or shared jointly, depending on the circumstances. Custody decisions are influenced by factors like the child's relationship with each parent, the ability to provide a stable environment, and any history of domestic violence or substance abuse. In some cases, the court may grant "split custody" where one parent gets primary custody of one or more children while the other parent gets primary custody of the remaining child or children.