North Carolina Divorce Records FAQs

Divorce records in North Carolina are maintained by the Clerk of Superior Court in the county where the divorce was filed. Requests can be made in person, by mail, or sometimes online through county court record systems. Basic case details may be searchable online, while full records usually require a formal request.

Yes, most divorce records in North Carolina are public records unless a court has sealed specific information. Personal identifiers, financial details, or information involving minor children may be restricted or redacted.

A divorce record typically includes the full names of both spouses, the county and date of divorce, and the type of divorce granted. A complete divorce decree may include rulings on property division, child custody, child support, and alimony.

Certified copies are issued by the Clerk of Superior Court in the county where the divorce was finalized. Requests usually require identification, case information, and a certification fee.

In-person requests are often processed the same day or within a few business days. Mail or online requests may take one to three weeks, depending on the county workload.

A divorce certificate confirms that a divorce occurred, while a divorce decree contains the court’s full rulings and terms. The decree provides greater legal detail.

Either former spouse or an authorized individual may request a divorce certificate. Identification and applicable fees are required.

Certified divorce certificates are issued by the county Clerk of Superior Court. Requests can be made in person or by mail, depending on county procedures.

North Carolina allows divorce based on one year of separation or incurable insanity. The most common ground is living separately and apart for at least 12 months.

Yes, North Carolina is a no-fault divorce state. Proof of wrongdoing is not required to obtain a divorce.

Spouses must live separately and apart for 12 continuous months with the intent to remain separated. Any reconciliation may restart the separation period.

Divorce filings are submitted to the Clerk of Superior Court in the county where either spouse resides. Residency requirements must be met.

Filing fees generally range in the several hundred dollar range. Additional costs may apply for service and certified copies.

A lawyer is not required for uncontested divorces, but legal representation is recommended for contested or complex cases.

North Carolina follows an equitable distribution system. Property is divided fairly, but not necessarily equally, based on multiple financial factors.

Marital property includes assets and debts acquired during the marriage. Separate property includes assets owned before marriage or received by gift or inheritance.

Complex assets such as investments, real estate, and trusts are classified as marital or separate and then valued by financial experts.

Courts take asset concealment seriously and may impose penalties or award a greater share to the innocent spouse. Forensic accountants are often used.

Business valuation often involves forensic accountants using income-based, asset-based, or market-based methods. Only the marital portion is divisible.

If the business was created or increased in value during the marriage, a spouse may claim part of its value even without ownership rights.

Required documents include tax returns, financial statements, payroll records, and ownership documents. Full transparency is mandatory.

Courts typically offset business value with other marital property rather than splitting business operations.

Prenuptial or postnuptial agreements offer strong protection. Accurate valuation and clean financial records are also critical.

High net worth divorces involve substantial assets, high income, or complex financial structures such as businesses and investments.

Yes, these cases often take longer due to valuation disputes, discovery, and expert involvement.

Yes, if entered voluntarily with full disclosure and proper execution. Courts generally enforce valid agreements.

Military divorces must comply with both North Carolina law and federal statutes, including residency and service requirements.

Deployment may delay proceedings under the Servicemembers Civil Relief Act, preventing default judgments.

Military pensions earned during the marriage are considered marital property and divided according to federal law.

Courts focus on the child’s best interests and may allow virtual visitation or temporary custody adjustments.

No, LGBT divorces follow the same laws and standards as all other divorces.

Custody decisions are based on the child’s best interests, with legal parentage and caregiving roles considered.

Yes, valid out-of-state marriages are recognized as long as residency requirements are met.

Yes, especially if assets were acquired before marriage recognition. Courts may examine contributions closely.

North Carolina’s divorce rate is generally near the national average, with variations by age, income, and region.

Divorce rates have gradually declined over the past ten years, with younger generations divorcing less frequently.

Divorce is most common among adults aged 30 to 49, with lower rates among younger and older age groups.

Urban areas generally report higher divorce rates due to economic and lifestyle factors.

North Carolina uses statewide child support guidelines that consider income, custody time, and expenses.

Yes, child support can be modified after a substantial change in circumstances with court approval.

No, child support is not taxable income and is not deductible by the payer.

For divorces finalized after 2018, alimony is not taxable to the recipient and not deductible by the payer.

The custodial parent typically claims the credit unless otherwise agreed or ordered by the court.