Divorce records in North Carolina serve as official documentation of dissolved marriages and contain important information that individuals may need for various legal and personal purposes. Understanding how to access these records, what information they contain, and who can view them is essential for anyone navigating life after divorce or researching family history.
What Are North Carolina Divorce Records?
North Carolina divorce records are official documents maintained by both the court system and vital records offices that provide evidence of a legally dissolved marriage. These records include the divorce judgment entered by the court and may also include a divorce certificate issued through the state's vital records system.
Court Records vs. Vital Records
The North Carolina courts maintain complete divorce case files that include all pleadings, motions, orders, and the final divorce judgment. These comprehensive court records contain detailed information about property division, custody arrangements, support obligations, and other case-specific details.
North Carolina Vital Records, managed by the state Department of Health and Human Services, maintains divorce certificates that provide basic information about the divorce, including the names of both parties, the date the divorce was granted, and the county where it occurred. Divorce certificates are simpler documents compared to full court records but serve as official proof that a divorce took place.
Public Access to Divorce Records
Like most court documents in North Carolina, divorce records are generally matters of public record. This means that members of the public can access and view these documents, though certain personal information may be redacted to protect privacy.
Information Available in Public Records
North Carolina divorce records typically include full names of both parties, addresses, dates of marriage and separation, the date the divorce was granted, the county where the divorce was filed, and the case number. Court files may also contain information about property division, custody arrangements, and support orders.
Protected Information
To protect privacy and prevent identity theft, certain sensitive information is redacted from publicly available divorce records. This includes Social Security numbers of parties and children, driver's license numbers, financial account numbers, and other identifying information that could be used for fraudulent purposes.
How to Obtain Copies of Divorce Judgments
Individuals seeking copies of divorce judgments have several options for obtaining these important documents.
Through the Clerk of Court
The most direct way to obtain a copy of a divorce judgment is through the clerk of the court's office in the county where the divorce was granted. Court staff can provide certified copies of documents in court files for a fee, typically 25 cents per page for standard copies. Certified copies, which include an official seal and are suitable for legal purposes, may cost more.
You can visit the clerk's office in person during business hours, or in some counties, you may be able to request copies by mail or through online systems. You'll need to provide the case number if known, or the full names of both parties and the approximate date of the divorce.
Online Access Through eCourts Portal
Some North Carolina counties participate in the eCourts Portal system, which allows anyone to view and download case information and court records 24 hours a day, seven days a week. The Portal enables searches by name, case number, attorney, or other identifying information.
While the Portal provides convenient access to view documents, individuals performing background checks should use the county clerk's office rather than the Portal for official purposes. The Portal is designed for general case information access rather than comprehensive background investigations.
Public Self-Service Terminals
Information about divorce cases and other civil matters in the North Carolina court system can be accessed through public self-service terminals located at clerk of court offices in every county. These terminals allow users to search for cases and view basic case information. However, to obtain actual copies of documents, you'll need to work with court staff.
Obtaining Divorce Certificates Through Vital Records
For those who need simple proof of divorce rather than the complete court file, divorce certificates are available through North Carolina Vital Records.
North Carolina Vital Records
The North Carolina Vital Records office maintains divorce certificates and can provide certified copies. These certificates serve as official documentation that a divorce occurred and include basic information about the dissolution of the marriage.
You can request divorce certificates through the Vital Records website, by mail, or in person at certain locations. The standard fee for vital records varies, and certified copies suitable for legal purposes cost more than uncertified informational copies.
VitalChek Service
North Carolina partners with VitalChek, a secure online service that allows individuals to order vital records, including divorce certificates. VitalChek validates your identity using secure technology, processes your request through the appropriate government agency, and ships the official certificate directly to you.
This service offers convenient online ordering with various shipping options, including expedited next-day delivery for those who need documents quickly. Additional fees apply for online ordering and expedited shipping beyond the base cost of the certificate.
County Register of Deeds
Some counties maintain divorce records through the Register of Deeds office, particularly for divorces that occurred many years ago. The Register of Deeds in the county where the divorce took place may be able to provide information or direct you to the appropriate office.
Why People Need Divorce Records
Understanding the common reasons people access divorce records helps explain the importance of maintaining these documents and knowing how to obtain them when needed.
Remarriage
Individuals planning to remarry often need to provide proof of divorce to obtain a marriage license. County Register of Deeds offices that issue marriage licenses may require certified copies of divorce judgments or certificates to verify that applicants are legally free to marry.
Legal Proceedings
Divorce records may be necessary for various legal matters, including estate planning, name change procedures, property transactions, or disputes related to the divorce settlement. Having certified copies readily available can expedite these processes.
Financial and Government Benefits
Government agencies, employers, and financial institutions may request divorce records when processing applications for benefits, loans, or other services. Social Security benefits, veterans benefits, insurance claims, and pension distributions may all require proof of divorce.
Personal Records
Individuals may simply want copies of their divorce records for personal record-keeping or to replace lost documents. Maintaining certified copies of important legal documents provides peace of mind and avoids delays when documentation is needed unexpectedly.
Genealogical Research
Family historians and genealogists frequently access divorce records as part of researching family trees and understanding family relationships across generations.
Privacy Considerations
While divorce records are public documents, individuals going through divorce often have legitimate concerns about privacy during an emotionally difficult time.
What Remains Private
North Carolina law protects certain information from public disclosure. As mentioned earlier, Social Security numbers, driver's license numbers, and financial account information are redacted from public records. Additionally, some divorce settlements may include confidentiality provisions, though these typically apply to the parties themselves rather than restricting public access to court records.
Sealed Records
In exceptional circumstances, courts may seal divorce records or portions of records to protect privacy, safety, or other compelling interests. However, this is relatively uncommon and requires a specific court order based on demonstrated need.
Minimizing Public Exposure
Couples seeking to maintain privacy during divorce may consider collaborative divorce or mediation, where many aspects of the case are resolved outside of public court hearings. While the final divorce judgment will still be a public record, this approach can reduce the amount of personal information contained in the court file.
Costs and Fees
Understanding the costs associated with obtaining divorce records helps you budget appropriately and choose the most cost-effective method for your needs.
Court Record Fees
Clerk of court offices typically charge 25 cents per page for standard copies of divorce documents. Certified copies, which include an official seal and certification of authenticity, cost more, often $3 to $5 for the first page plus additional fees for each additional page.
Vital Records Fees
Divorce certificates through North Carolina Vital Records typically cost $10 for certified copies, though fees may vary depending on the type of certificate and processing method. Expedited services and online ordering through services like VitalChek involve additional fees.
Additional Service Fees
Some counties may charge research fees if extensive searching is required to locate old records. Expedited processing, rush delivery, and online convenience fees can add to the total cost of obtaining records.
Timeline for Obtaining Records
The time required to obtain divorce records varies depending on the method you choose and the age of the records.
In-Person Requests
Visiting the clerk of court's office in person typically provides the fastest access. In many cases, you can receive copies the same day if the records are readily available. However, older records or files stored off-site may require additional time.
Mail Requests
Requesting records by mail generally takes longer, typically two to four weeks depending on the county's processing times and mail delivery. You'll need to provide detailed information about the divorce and include payment with your request.
Online Orders
Online ordering through vital records or VitalChek can expedite the process, particularly if you choose rushed shipping options. Standard processing typically takes one to two weeks, while expedited service may deliver certificates within a few business days.
Accessing Records from Other States
If you were divorced in another state but now live in North Carolina, you'll need to contact the court or vital records office in the state where the divorce occurred. Each state maintains its own divorce records and has different procedures and fees for providing copies.
Similarly, if you have a North Carolina divorce record but have moved out of state, you can still request copies through the methods described above; you don't need to be a current North Carolina resident to access public court records.
Using Divorce Records as Legal Documents
When using divorce records for official purposes, understanding the difference between certified and uncertified copies is important.
Certified Copies
Certified copies include an official seal and a certification statement from the clerk of court or vital records office confirming that the copy is a true and accurate reproduction of the original record. Government agencies, courts, and other official entities typically require certified copies for legal transactions.
Uncertified Copies
Uncertified copies are suitable for personal reference, informational purposes, or situations where official certification isn't required. These copies cost less but won't be accepted for most legal purposes.
Correcting Errors in Divorce Records
If you discover errors in your divorce records, you may need to take action to correct them. Minor clerical errors can sometimes be corrected by filing a motion with the court that issued the original judgment. More substantial errors or changes to the divorce terms typically require filing a motion to modify the divorce decree, which may involve a court hearing.
For errors in vital records divorce certificates, contact North Carolina Vital Records about their amendment process, which may require supporting documentation and payment of fees.