Wake County Divorce Records
What Are Wake County Divorce Records?
Wake County divorce records are official government documents that provide legal evidence of the dissolution of a marriage within Wake County, North Carolina. These records are maintained as part of the state's vital records system pursuant to North Carolina General Statutes § 50-21. Divorce records serve as the official documentation that a marriage has been legally terminated through court proceedings.
The records typically contain:
- Certificate of Absolute Divorce or Annulment
- Final divorce decree
- Court orders related to the dissolution of marriage
- Case file numbers and dates of proceedings
- Information about both parties to the divorce
The Wake County Clerk of Superior Court maintains divorce records as part of their official duties under North Carolina law. These records are considered both court records and vital records, with different aspects maintained by different government entities.
Wake County Clerk of Superior Court
316 Fayetteville Street, Raleigh, NC 27601
919-792-4000
Wake County Courts
Are Wake County Divorce Records Public?
Wake County divorce records are public documents pursuant to North Carolina Public Records Law (N.C.G.S. § 132-1) and are generally accessible to any member of the public. The North Carolina court system operates under a presumption of openness, allowing citizens to access court records including divorce proceedings.
However, certain limitations apply:
- Confidential information such as Social Security numbers, financial account numbers, and names of minor children may be redacted from public versions
- Records that have been sealed by court order are not publicly accessible
- Cases involving domestic violence may have protective orders that limit access to certain information
- Records containing information about minors have additional privacy protections
Members of the public seeking divorce records must follow established procedures for requesting such documents. The North Carolina Administrative Office of the Courts provides guidance on accessing court records through their official channels.
How To Find a Divorce Record In Wake County in 2025
Finding divorce records in Wake County requires following specific procedures established by the North Carolina court system. Individuals seeking these records may utilize the following methods:
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Visit the Wake County Clerk of Superior Court office in person:
- Bring identification
- Provide the names of both parties and approximate date of divorce
- Complete a records request form
- Pay applicable fees ($2.00 per certified copy as of 2025)
-
Submit a written request by mail:
- Include a self-addressed stamped envelope
- Provide names of both parties, date of divorce if known
- Include payment for applicable fees
- Mail to: Wake County Clerk of Superior Court, P.O. Box 351, Raleigh, NC 27602
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Use the North Carolina Vital Records system:
- For divorces finalized after 1958
- Request through the NC Vital Records office
- Pay the required fee ($24.00 per copy as of 2025)
North Carolina Vital Records
225 North McDowell Street, Raleigh, NC 27603
919-733-3000
NC Vital Records
Requestors should note that processing times may vary depending on the method used and current administrative workloads.
How To Look Up Divorce Records in Wake County Online?
Wake County divorce records can be accessed through several online platforms maintained by the North Carolina Judicial Branch. The state has implemented digital systems to improve public access to court records, including divorce proceedings.
The primary online resources include:
- eCourts Portal - The official online system for accessing North Carolina court records
- Civil Case Processing System (VCAP) - Allows searches by party name or case number
- Remote Public Access (RPA) - Subscription-based service for more comprehensive record access
To conduct an online search:
- Navigate to the North Carolina Judicial Branch eCourts Portal
- Select "Civil Case Records Search"
- Enter search criteria (names of parties involved)
- Select Wake County as the jurisdiction
- Review search results for relevant case information
Users should be aware that online records may not contain all documents found in the physical case file. Certain documents may only be available by visiting the courthouse in person. Additionally, there may be fees associated with viewing or downloading documents through these systems.
How To Find Divorce Records for Free In Wake County?
Members of the public may access basic divorce record information in Wake County without payment through several methods, though fees typically apply for obtaining official copies or certified documents.
Free access options include:
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In-person inspection at the Wake County Courthouse
- Visit the Clerk of Superior Court's office during regular business hours
- Request to view specific case files (no fee for viewing)
- Take notes on case information
-
Public access terminals at the courthouse
- Available for searching basic case information
- No fee for using these terminals
- Located in the public records section of the courthouse
-
Wake County Public Libraries
- Some branches offer access to public records databases
- Library card holders may use these resources at no cost
- Staff can provide guidance on accessing available resources
Wake County Courthouse
316 Fayetteville Street, Raleigh, NC 27601
Hours: Monday-Friday, 8:30 AM - 5:00 PM
919-792-4000
While basic information may be accessed without cost, fees will apply for obtaining copies, certified documents, or comprehensive record searches.
What's Included in a Divorce Records In Wake County
Wake County divorce records contain comprehensive documentation of the legal dissolution of marriage. These records are maintained pursuant to North Carolina General Statutes § 50-21 and typically include several key components.
Standard contents of Wake County divorce records include:
- Certificate of Absolute Divorce or Annulment
- Final Judgment and Decree of Divorce
- Complaint for Divorce (initial filing)
- Summons and proof of service
- Financial affidavits (may be sealed)
- Separation agreements (if applicable)
- Child custody and support orders (if applicable)
- Property division determinations
- Name change orders (if applicable)
- Court hearing transcripts (if requested)
The level of detail in divorce records varies based on whether the divorce was contested or uncontested, whether children were involved, and the complexity of property division. Records may also include references to mediation proceedings, temporary orders, and other legal actions taken during the divorce process.
Certain sensitive information may be redacted from public versions of these records in accordance with North Carolina privacy laws and court rules.
How To Get Proof of Divorce In Wake County?
Individuals requiring legal proof of divorce in Wake County may obtain official documentation through established channels. The most commonly accepted proof of divorce is a certified copy of the divorce decree or certificate.
To obtain proof of divorce:
-
Request a certified copy from the Wake County Clerk of Superior Court:
- Visit in person or submit request by mail
- Provide names of both parties and date of divorce
- Pay the certification fee ($2.00 per copy)
- Bring identification if requesting in person
-
Request a Certificate of Absolute Divorce from NC Vital Records:
- Available for divorces after 1958
- Submit application through NC Vital Records
- Pay required fee ($24.00 as of 2025)
- Allow 5-7 business days for processing
-
For expedited service:
- Visit the Wake County Clerk's office in person
- Request same-day processing (additional fees may apply)
- Bring proper identification and case information
Certified copies bear the official seal of the court and are generally accepted as legal proof of divorce for all official purposes, including remarriage, name changes, and immigration matters.
Can a Divorce Be Confidential In Wake County?
While divorce proceedings in Wake County are generally public records, certain provisions exist under North Carolina law to protect sensitive information and, in limited circumstances, to seal divorce records from public view.
Confidentiality options include:
- Motion to Seal Records - Parties may petition the court to seal all or portions of divorce records if they can demonstrate compelling reasons that outweigh the public interest in access
- Redaction of Sensitive Information - Personal identifiers such as Social Security numbers, financial account numbers, and children's information are routinely redacted
- Protective Orders - In cases involving domestic violence or harassment, the court may issue protective orders limiting access to certain information
- Confidential Filings - Certain documents may be filed under seal with court approval
The standard for sealing divorce records is high, requiring demonstration of:
- Risk of harm to a party or child
- Compelling privacy interests that outweigh public access rights
- No less restrictive alternatives available
Parties seeking confidentiality should consult with legal counsel regarding available options under North Carolina General Statutes § 50-13.1 and applicable court rules.
How Long Does a Divorce Take In Wake County?
The duration of divorce proceedings in Wake County varies based on several factors, including case complexity and the court's current caseload. North Carolina law establishes certain minimum timeframes that affect all divorce cases.
Key timeframes include:
- Separation Requirement - North Carolina requires a minimum one-year separation period before filing for divorce (N.C.G.S. § 50-6)
- Filing to Hearing - Once filed, uncontested divorces typically take 45-60 days to reach hearing
- Contested Divorces - May take 6-18 months depending on complexity
- Absolute Divorce - Final decree typically issued within 30 days of hearing
Factors that may extend the timeline:
- Disputes over child custody or support
- Complex property division issues
- Discovery disputes
- Court calendar congestion
- Mediation or settlement negotiations
The Wake County Family Court has implemented case management procedures to promote efficiency, but parties should anticipate that even straightforward divorces require several months to complete due to statutory requirements and procedural timelines.
How Long Does Wake County Keep Divorce Records?
Wake County maintains divorce records permanently in accordance with North Carolina records retention schedules. These vital records are preserved as part of the state's official documentation system.
The retention schedule includes:
- Court Case Files - Maintained permanently by the Clerk of Superior Court
- Certificates of Absolute Divorce - Preserved indefinitely by NC Vital Records
- Electronic Records - Maintained in state databases with no expiration date
- Microfilm Backups - Created for older records to ensure preservation
Records from different time periods may be stored in different formats:
- Pre-1958 records may be available only through the court system
- Records from 1958-1997 exist in both court files and vital records
- Post-1997 records are maintained in digital formats with paper backups
While the physical location of older records may change over time (some may be transferred to state archives), the legal requirement to maintain these records permanently ensures their continued availability to the public and interested parties.
How To Get a Divorce In Wake County
Obtaining a divorce in Wake County requires following specific legal procedures established under North Carolina law. The process involves several mandatory steps and adherence to statutory requirements.
The standard procedure includes:
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Meet the residency requirement:
- At least one spouse must have been a North Carolina resident for six months prior to filing
-
Complete the separation period:
- Live separately for at least one year with the intention of permanent separation
- No formal separation agreement is required, but may be beneficial
-
Prepare and file divorce documents:
- Complaint for Absolute Divorce
- Civil Summons
- Domestic Civil Action Cover Sheet
- File at Wake County Courthouse with filing fee ($225 as of 2025)
-
Serve divorce papers on spouse:
- Sheriff's service ($30)
- Certified mail with return receipt
- Publication (if spouse cannot be located)
-
Schedule and attend hearing:
- After waiting period (minimum 30 days after service)
- Prepare Notice of Hearing and Judgment of Absolute Divorce
- Attend scheduled court date
Wake County Courthouse - Family Court Division
316 Fayetteville Street, Raleigh, NC 27601
919-792-4875
Hours: Monday-Friday, 8:30 AM - 5:00 PM
Self-represented litigants may obtain forms and guidance through the North Carolina Judicial Branch website.
How To Get Divorce Papers In Wake County
Individuals seeking to initiate divorce proceedings in Wake County can obtain the necessary legal forms through several official channels. These documents must be properly completed and filed in accordance with North Carolina court procedures.
Divorce papers can be obtained from:
-
Wake County Courthouse:
- Visit the Clerk of Superior Court office
- Request divorce packet from the family court division
- Staff can provide basic filing instructions (but not legal advice)
-
North Carolina Judicial Branch website:
- Download standardized forms from the court records section
- Forms include Complaint for Absolute Divorce, Civil Summons, and Domestic Civil Action Cover Sheet
- Instructions for completion are provided
-
Wake County Law Library:
- Located at 316 Fayetteville Street, Raleigh, NC 27601
- Reference materials and form books available
- Staff can direct users to appropriate resources
-
Legal Aid of North Carolina:
- Provides forms and assistance to qualifying low-income individuals
- 224 South Dawson Street, Raleigh, NC 27601
- 919-856-2564
Individuals should note that while forms are readily available, proper completion requires attention to detail. Errors in divorce filings may cause delays or procedural complications. Those unfamiliar with legal procedures may wish to consult with an attorney or legal aid service.