North Carolina Divorce Records
North Carolina divorce records include documents, files, and electronic records detailing the termination of marriages in the state. Public access to these records is allowed under North Carolina public records law, though sensitive information can be sealed to protect privacy.
Divorce in North Carolina may be absolute or a divorce from bed and board. The state allows only two grounds for an absolute divorce, while up to six grounds are allowed for spouses seeking a divorce from bed and board.
The state's divorce rate has declined from 5.1 per 1,000 people in 1990 to 3.2 in 2021. The average age for divorce has increased, now 40.1 years for women and 42.6 for men. Divorce procedures in North Carolina involve filing a petition, serving the defendant, and attending a court hearing.
Divorce records can be accessed offline through the Clerk of Court or North Carolina Vital Records, and online via VitalChek or the state courts portal.
What are Divorce Records?
North Carolina divorce records are documents, files, and electronic records containing information about the termination of a marriage in the state. These records are first initiated when a spouse files a petition in court for the dissolution of a marriage. All other records generated in the process of finalizing the divorce are part of divorce records.
Divorce records in North Carolina may include divorce decrees, certificates, and case information. Divorce certificates contain the least information, typically only providing the names of the divorced parties, marriage date, divorce date, and divorce and location. Divorce decrees are more detailed, revealing the responsibilities of the divorced parties after the marriage dissolution. Divorce case files contain information the court maintains throughout court proceedings, from the initial petition filed to the judgment issued.
Divorce records are necessary to contribute to demographic studies in North Carolina, as they provide data on marriage and divorce trends. Individuals may also request divorce records to provide official documentation of a marriage's termination. This may be crucial for remarriage and other financial and legal matters.
Are Divorce Records Public in North Carolina?
Divorce records are public records under the North Carolina public records law. Therefore, members of the public can access or inspect basic information such as the names of the parties involved in the divorce, the date of marriage and divorce, the grounds for divorce, and other basic details of the court's final judgment. While basic divorce records are public information, certain records may be sealed to restrict access to sensitive information.
Sealing a divorce record typically involves obtaining a court order to that effect. Usually, North Carolina courts permit the sealing of certain divorce records to protect the privacy of minors and sensitive financial information and ensure the safety of domestic violence survivors.
Divorce Stats and Rates in North Carolina
According to the U.S. Centers for Disease Control and Prevention, North Carolina's divorce rate was 3.1 per 1,000 people in 2019, equating to approximately 32,862 divorces annually. This is higher than the national average of 2.3 per 1,000 people. Comparatively, the state's marriage rate averages around 64,000 per year.
Divorce rates vary widely among North Carolina counties, with some reporting significantly higher rates. In 2020, North Carolina recorded 29,738 divorces, with a divorce rate of 2.8 per 1,000 residents. That year, the counties with the highest divorce rates were Jones, Rockingham, Tyrrell, Cumberland, Haywood, Onslow, and Yancey.
Over the years, the overall divorce rate in North Carolina has been declining. In 1990, it was 5.1 per 1,000 people, which decreased to 4.1 by 2005. As of 2021, it had further dropped to 3.2 per 1,000 people, reflecting a consistent downward trend in the number of divorces.
The average age for divorce has also seen a shift. In 1970, the average age for a woman experiencing her first divorce was 27.7 years, and for men, it was 30.5 years. Recently, these ages have increased to 40.1 for women and 42.6 for men. The age gap between men and women at the time of their first divorce has remained consistent at 2.8 years.
These statistics vary across different demographics. For instance, Asian women have the highest median age at first divorce at 44.6 years, while Hispanic women have the lowest at 38 years. Education level also influences the age at divorce. Women with a graduate or professional degree tend to divorce later, with an average age of 42.5, compared to women who attended some college but did not earn a degree, who divorce at an average age of 36.9 years.
Grounds for Divorce in North Carolina
In divorce matters, North Carolina is considered a no-fault state; hence, courts in the state do not require one spouse to prove that the bad actions of the other spouse led to the filing spouse bringing an action for divorce. Typically, it is easier to obtain a no-fault divorce in North Carolina than a fault-based one since the filing spouse does not need to prove any misconduct claims. However, a lengthy separation between both spouses is required prior to filing for a divorce.
For North Carolina to find legal grounds for divorce, both spouses must have lived apart:
Fault-based divorce, also known as divorce from bed and board in the state, is a legal separation ordered by the court before the absolute divorce is finalized. An absolute divorce is a complete divorce allowing the parties to marry again after their final divorce judgment is issued or to legally take action as a single individual, such as filing taxes as a single.
North Carolina accepts several grounds for divorce from bed and board including:
- Abandonment
- Adultery
- Maliciously being thrown out of the house
- Abuse of drugs or alcohol to the point where you are unable to tolerate living with your spouse
- Cruel treatment that endangers your life, such as physical abuse
- The other spouse makes the life of the filing spouse unbearable through verbal abuse, constant criticism, and emotional abuse
How to File for Divorce in North Carolina
Any legally married spouse may file for divorce in North Carolina regardless of the state where the couple got married. However, one of the spouses must be a legal resident of North Carolina and have lived in the state for at least six months before filing a divorce petition. Also, the divorcing spouses must have lived separate and apart for a minimum of one uninterrupted year, where at least one of the parties intended to leave the marriage throughout that period.
- Gather the required items: To obtain an absolute divorce in North Carolina, you must complete the appropriate court forms. At the minimum, you will need a Complaint for Absolute Divorce, Civil Summons, Servicemember Civil Relief Act Affidavit, and Domestic Civil Action Cover Sheet. However, you may need a Petition to Proceed as an Indigent if you cannot afford the court fees.
- Take the completed forms to the court Clerk: Take the original and two copies of the Complaint for Absolute Divorce, the original and three copies of the Civil Summons, and the original and two copies of the Domestic Civil Action Cover Sheet to the Clerk of Court for filing. These documents may be filed in the District Court in the county where you or your spouse resides. You will also need to pay a $225 filing fee in the form of cash, cashier's check, money order, or credit or debit card. In addition, a $30 fee applies for the Sheriff's service fee unless you opt to serve the papers by certified mail.
- Serve the defendant: You must deliver the Summons and Complaint for Absolute Divorce to your spouse. North Carolina requires that you serve the other spouse using the service by the Sheriff, service by certified mail, acceptance of service, return receipt requested, or publication service option.
- Getting a hearing date: Your spouse has 30 days to file an answer or a motion for an extension of time to file an answer. Upon your spouse's response or 30 days after no answer is filed, the case will be scheduled for a hearing. Afterward, complete a Notice of Hearing form, file the original with the clerk, and serve a copy on the defendant. Mail the Notice at least 10 days before the hearing. Next, prepare three copies of the proposed Judgment of Absolute Divorce to be handed to the judge at the hearing for entry if approved. Note that you should keep a copy of all documents filed with the Clerk of the Court and serve on your spouse.
- Attend your hearing: You must appear in court on the date of your hearing. If you do not have an attorney to represent you, you must present your case to the judge.
For more information on filing for a divorce in North Carolina, review the North Carolina Divorce Packet.
North Carolina Divorce Decree
A North Carolina divorce decree is a comprehensive legal document issued by a court in the state, officially terminating a marriage and outlines the rights and responsibilities of the divorced parties. This decree includes specific terms related to the separation, such as parental rights, custody agreements, child support, spousal support, insurance, and the division of property. It often incorporates any signed agreements between both parties regarding these matters.
Divorce decrees are more detailed than general divorce records, as they provide a complete summary of the court's decisions and the conditions both parties must follow post-divorce. A divorce decree is crucial for various legal purposes, such as ensuring that both parties adhere to the agreed terms of their separation.
How to Find and Access North Carolina Divorce Records
You can obtain an North Carolina divorce record in the following ways:
Offline Access
In North Carolina, divorce certificates can be obtained by phone, in person, or by mail. To order a divorce certificate by phone, call the state's authorized third party at 1-800-669-8310. If you are calling outside the United States, call 1-615-372-6800 instead.
To order a divorce certificate in person, visit the Clerk of Court in the county where the divorce is filed. For an expedited order, schedule an appointment with the North Carolina Vital Records or call (984) 236-7268. In addition to standard fees, an in-person expedited processing fee of $15 applies.
To place an order by mail, complete, print, and sign the Application for a Copy of a North Carolina Divorce Certificate. Include the non-refundable search fee of $24 fee for the first copy and $15 for each additional certificate, plus a processing fee stated on the application. Payments may be made by credit card, personal check, or money orders made out to "VitalChek." Send the completed application and fee to:
North Carolina Vital Records
ATTN: VC Certificate Orders
1903 Mail Service Center
Raleigh, NC 27699-1900
Court case information about divorce matters in the North Carolina court system may be accessed on the public, self-service terminals in the Clerk of Court’s Offices. You may also obtain a copy of a divorce judgment for a fee from the Clerk of the Court's Office in the North Carolina county where the divorce was granted.
Online Access
The North Carolina Vital Statistics allows requesters to order a divorce certificate only from the state's authorized third-party vendor - VitalChek. The processing time for online orders placed through the vendor is 1-3 months, depending on the certificate year. There is a North Carolina State search fee of $24, a VitalChek processing fee of $13.95, and an optional overnight shipping fee of $20, making a total of $37.95 for persons using regular shipping (USPS) or $57.95 for persons using overnight shipping. VitalChek accepts payment using personal checks or credit cards (AMEX, VISA, MasterCard, and Discover).
You can also search case files for divorce proceedings online using the search feature of the North Carolina courts portal. This option is only available for counties participating in the state's eCourts system.
References
- https://www.nccourts.gov/services/request-a-public-record/about-north-carolina-public-records-law
- https://schs.dph.ncdhhs.gov/data/marriage_divorce_rpts/2020-MarriageAndDivorceRatesByMonth.html
- https://www.ncleg.net/EnactedLegislation/Statutes/PDF/BySection/Chapter_1A/GS_1A-1,_Rule_4.pdf
- https://www.nccourts.gov/assets/inline-files/NC-Divorce-Packet-V1-1-Sept-2019_0.pdf
- https://www.nccourts.gov/documents/forms/judgment-for-absolute-divorce-before-the-clerk
- https://www.nccourts.gov/assets/documents/publications/2019_Civil_court_costs_chart.pdf?cvfXcrGFylyOn.zUYIJieAzJhw1CEngE
- https://www.nccourts.gov/locations
- https://www.nccourts.gov/help-topics/divorce-and-marriage/separation-and-divorce
- https://www.nccourts.gov/help-topics/divorce-and-marriage
- https://vitalrecords.nc.gov/order.htm
- https://vitalrecords.nc.gov/divorce.htm
- https://vitalrecords.nc.gov/fees.htm
- https://www.nccourts.gov/help-topics/court-records/obtaining-court-records
- https://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_132/GS_132-6.html
- https://www.ncleg.gov/enactedlegislation/statutes/html/bysection/chapter_50/gs_50-8.html
- https://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_50/GS_50-6.html
- https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_50/GS_50-5.1.html
- https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/BySection/Chapter_50/GS_50-7.pdf
Counties in North Carolina
- Alamance
- Alexander
- Alleghany
- Anson
- Ashe
- Avery
- Beaufort
- Bertie
- Bladen
- Brunswick
- Buncombe
- Burke
- Cabarrus
- Caldwell
- Camden
- Carteret
- Caswell
- Catawba
- Chatham
- Cherokee
- Chowan
- Clay
- Cleveland
- Columbus
- Craven
- Cumberland
- Currituck
- Dare
- Davidson
- Davie
- Duplin
- Durham
- Edgecombe
- Forsyth
- Franklin
- Gaston
- Gates
- Graham
- Granville
- Greene
- Guilford
- Halifax
- Harnett
- Haywood
- Henderson
- Hertford
- Hoke
- Hyde
- Iredell
- Jackson
- Johnston
- Jones
- Lee
- Lenoir
- Lincoln
- Macon
- Madison
- Martin
- Mcdowell
- Mecklenburg
- Mitchell
- Montgomery
- Moore
- Nash
- New Hanover
- Northampton
- Onslow
- Orange
- Pamlico
- Pasquotank
- Pender
- Perquimans
- Person
- Pitt
- Polk
- Randolph
- Richmond
- Robeson
- Rockingham
- Rowan
- Rutherford
- Sampson
- Scotland
- Stanly
- Stokes
- Surry
- Swain
- Transylvania
- Tyrrell
- Union
- Vance
- Wake
- Warren
- Washington
- Watauga
- Wayne
- Wilkes
- Wilson
- Yadkin
- Yancey