Buncombe County Divorce Records
What Are Buncombe County Divorce Records?
Divorce records in Buncombe County are official legal documents that provide evidence of the dissolution of a marriage within the jurisdiction. These records are maintained pursuant to North Carolina General Statutes § 50-10, which governs divorce proceedings in the state. Divorce records typically consist of multiple documents filed throughout the divorce process with the Buncombe County Clerk of Superior Court.
Divorce records serve several important functions:
- Legal proof of marital status change
- Documentation required for remarriage
- Evidence for name change proceedings
- Verification for Social Security benefits
- Supporting documentation for loan applications
- Required evidence for immigration matters
The Buncombe County Clerk of Superior Court maintains the official court files for all divorce cases filed within the county. These records include the initial divorce complaint, summons, financial affidavits, property settlement agreements, and the final judgment of divorce. Additionally, the North Carolina Department of Health and Human Services maintains a statewide index of divorce certificates that provides basic information about divorces granted throughout the state.
Are Buncombe County Divorce Records Public?
Buncombe County divorce records have a complex public access status that varies by document type and information contained therein. Generally, court divorce case files are considered public records under the North Carolina Public Records Law § 132-1, which establishes the public's right to inspect government records. However, this access is subject to important limitations.
While the basic divorce decree and judgment are typically accessible to the public, certain components of divorce files may be restricted or redacted, including:
- Financial affidavits and statements
- Social Security numbers and financial account information
- Records pertaining to minor children
- Allegations of domestic violence
- Medical or psychological evaluations
- Information sealed by court order
Certified divorce certificates, which provide basic information about the divorce including names of parties and date of divorce, have more restricted access. Pursuant to North Carolina Administrative Code 10A NCAC 41H .0901, these certificates are available only to:
- The parties to the divorce
- Their immediate family members
- Their legal representatives
- Individuals with a demonstrated legitimate interest
Members of the public seeking divorce records should contact the Buncombe County Clerk of Superior Court for information about accessing publicly available divorce case files.
How To Find a Divorce Record In Buncombe County in 2026
Finding divorce records in Buncombe County requires contacting the appropriate government agency depending on the type of record needed. The following steps outline the process for locating divorce records:
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Determine which type of divorce record is needed:
- Court case file (complete divorce proceedings)
- Certified divorce certificate (official verification of divorce)
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For court case files, contact:
Buncombe County Clerk of Superior Court
60 Court Plaza
Asheville, NC 28801
828-259-3400
Buncombe County Clerk of Court
- For certified divorce certificates, contact either:
Buncombe County Register of Deeds
205 College Street, Suite 302
Asheville, NC 28801
828-250-4300
Buncombe County Register of Deeds
North Carolina Vital Records
1903 Mail Service Center
Raleigh, NC 27699-1903
919-733-3000
NC Vital Records
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Provide required information:
- Full names of both parties to the divorce
- Date of divorce (approximate if exact date unknown)
- County where divorce was granted
- Valid government-issued photo identification
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Pay applicable fees:
- Court records: Fees vary based on number of pages copied
- Certified divorce certificates: $24 for first copy, $15 for each additional copy ordered at same time
Requestors should note that processing times may vary depending on current workload and staffing levels at each agency.
How To Look Up Divorce Records in Buncombe County Online?
Buncombe County offers limited online access to divorce records through several digital platforms. The following methods are available for conducting online searches:
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North Carolina Judicial Branch Public Records Search:
- Visit the North Carolina Judicial Branch website
- Select "Civil Case Information"
- Choose Buncombe County from the dropdown menu
- Enter party names and date ranges
- Note that this system provides case information but not document images
-
Buncombe County Register of Deeds Online Records:
- Access the Buncombe County Register of Deeds website
- Navigate to the online records search portal
- Create a free account if required
- Search by name and date range
- Note that this system may provide limited information about divorce records
-
North Carolina Vital Records Online Ordering:
- Visit the NC Vital Records website
- Select "Order a Divorce Certificate"
- Complete the online application form
- Pay the required fee ($24 for first copy)
- Provide identification documentation as required
Online access to divorce records is subject to the same privacy restrictions that apply to in-person requests. Certain sensitive information may be redacted or unavailable through online platforms. For comprehensive divorce case files, requestors may need to visit the Buncombe County Courthouse in person.
How To Find Divorce Records for Free In Buncombe County?
Members of the public seeking to access divorce records in Buncombe County without incurring fees have several limited options available. The following methods may provide free access to basic divorce record information:
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Public Access Terminals at the Courthouse:
- Visit the Buncombe County Courthouse
- Use public access computer terminals in the Clerk's office
- Search for case information by party name
- Note that while searching is free, printing documents incurs fees
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North Carolina Judicial Branch Website:
- Access the NC Courts Public Records Search
- Search for basic case information by party name
- This provides case numbers and filing dates but not document images
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Buncombe County Law Library:
- Located in the Buncombe County Courthouse
- Provides public access to legal research tools
- May assist with locating basic divorce case information
-
Newspaper Archives:
- Local newspapers historically published legal notices of divorce filings
- Check the Asheville Citizen-Times archives at local libraries
- Coverage may be incomplete and varies by time period
It is important to note that while basic case information may be accessible without charge, obtaining certified copies or complete case files typically requires payment of statutory fees. Additionally, free access methods generally provide only limited information and may not include all documents contained in the divorce file.
What's Included in a Divorce Records In Buncombe County
Divorce records in Buncombe County consist of multiple documents that collectively document the legal dissolution of a marriage. The content of these records is governed by North Carolina General Statutes § 50-21 and related statutes. A complete divorce file typically contains the following components:
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Initial Filings:
- Complaint for Divorce (petition)
- Summons
- Proof of service
- Response or Answer from the defendant spouse
-
Financial Documentation (may be sealed):
- Affidavit of Financial Standing
- Disclosure of assets and liabilities
- Income verification
- Property valuations
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Agreements and Orders:
- Separation Agreement (if applicable)
- Property Settlement Agreement
- Child Custody Agreement (if applicable)
- Child Support Worksheets and Orders
- Alimony/Spousal Support Orders
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Final Judgment:
- Judgment of Absolute Divorce
- Findings of Fact and Conclusions of Law
- Judge's signature and court seal
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Post-Judgment Filings (if applicable):
- Motions to modify custody, support, or alimony
- Contempt proceedings
- Appeals documentation
The certified divorce certificate, available from the Buncombe County Register of Deeds or NC Vital Records, contains more limited information, typically including:
- Names of both parties
- Date and place of divorce
- Case number
- Court that granted the divorce
- Official certification
The level of detail in divorce records varies based on whether the divorce was contested or uncontested, whether minor children were involved, and the complexity of property division.
How To Get Proof of Divorce In Buncombe County?
Obtaining official proof of divorce in Buncombe County requires requesting a certified copy of the divorce certificate or divorce decree. These documents serve as legal evidence that a marriage was dissolved. The following procedures apply:
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For a Certified Divorce Certificate:
- Contact the Buncombe County Register of Deeds or North Carolina Vital Records
- Complete an application form
- Provide identification proving eligibility to receive the record
- Pay the required fee ($24 for first copy, $15 for additional copies)
- Submit request in person, by mail, or through the Buncombe County Vital Records online portal
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For a Certified Copy of Divorce Decree:
- Visit the Buncombe County Clerk of Superior Court
- Provide the case number (if known) or names of parties and approximate date
- Request a certified copy of the divorce judgment
- Pay applicable certification fees ($5 per document plus copying fees)
-
For Apostille Certification (for international use):
- First obtain a certified copy from the Clerk of Court
- Submit the certified copy to the North Carolina Secretary of State
- Request apostille certification
- Pay additional apostille fees
Buncombe County Clerk of Superior Court
60 Court Plaza
Asheville, NC 28801
828-259-3400
Buncombe County Clerk of Court
Processing times vary based on the agency and method of request. In-person requests may be fulfilled the same day, while mail requests typically take 5-10 business days plus mailing time. Expedited processing may be available for an additional fee.
Can a Divorce Be Confidential In Buncombe County?
While divorce proceedings in Buncombe County are generally matters of public record, certain mechanisms exist to protect sensitive information and, in limited circumstances, maintain confidentiality of divorce records. These protections are established under North Carolina General Statutes § 50-8 and related court rules.
The following aspects of divorce proceedings may be eligible for confidential treatment:
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Sealing of Records by Court Order:
- Parties may petition the court to seal all or portions of the divorce file
- Judge must find compelling reasons that outweigh public interest
- Typically granted only in exceptional circumstances
- May be temporary or permanent
-
Automatic Protection of Sensitive Information:
- Social Security numbers
- Financial account numbers
- Names and identifying information of minor children
- Victims of domestic violence under protective orders
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Redaction Requirements:
- Parties are responsible for redacting sensitive information
- Court staff may reject improperly filed documents
- North Carolina Rules of Civil Procedure govern redaction standards
-
Domestic Violence Protections:
- Address confidentiality program for victims
- Restricted access to certain court filings
- Possible use of pseudonyms in extreme cases
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Alternative Dispute Resolution:
- Mediation proceedings are confidential
- Settlement negotiations may remain private
- Final judgment still becomes public record
Parties seeking confidentiality should consult with legal counsel early in the divorce process to implement appropriate protective measures. The court balances privacy interests against the presumption of public access to court records established in the North Carolina Constitution and statutes.
How Long Does a Divorce Take In Buncombe County?
The duration of divorce proceedings in Buncombe County varies significantly based on multiple factors. Under North Carolina General Statutes § 50-6, couples must live separate and apart for at least one year before filing for absolute divorce. Beyond this statutory waiting period, several factors influence timeline:
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Type of Divorce:
- Uncontested divorces with complete agreements: 2-3 months after filing
- Contested divorces with disputes: 6 months to 2+ years
- Divorces involving complex assets: Often 1+ years
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Court Scheduling Factors:
- Current caseload of Buncombe County Family Court
- Judge availability and calendar congestion
- Continuances requested by either party
- Completion of mandatory mediation
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Issue Complexity:
- Child custody disputes add 3-6+ months
- Business valuation may add 6+ months
- Property division disagreements add 3-12+ months
- Alimony disputes often extend timeline by 3-6+ months
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Procedural Milestones and Typical Timeframes:
- Filing to service of process: 1-4 weeks
- Service to answer/response: 30 days
- Discovery phase: 2-6 months
- Temporary orders hearing: 2-8 weeks after filing
- Mediation: 3-5 months after filing
- Final hearing scheduling: 1-6+ months after mediation
According to the North Carolina Judicial Branch, the average time from filing to disposition for divorce cases in Buncombe County is approximately 4-6 months for uncontested cases and 9-18 months for contested cases. However, individual case timelines may vary substantially based on the specific circumstances and complexity of issues involved.
How Long Does Buncombe County Keep Divorce Records?
Buncombe County maintains divorce records permanently in accordance with North Carolina records retention schedules established under North Carolina General Statutes § 132-8. Different components of divorce records are subject to specific retention policies:
-
Court Case Files:
- Final judgments of divorce: Permanent retention
- Case files with property settlements: Permanent retention
- Supporting documentation: Minimum 20 years
- Exhibits: Returned to parties or destroyed after appeals period
-
Divorce Certificates:
- Register of Deeds records: Permanent retention
- NC Vital Records: Permanent retention
- Index of divorces: Permanent retention
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Format Changes Over Time:
- Pre-1984 records: Primarily paper format, some microfilmed
- 1984-2010: Mixture of paper and microfilm
- 2010-present: Increasingly electronic format
- Older records may be archived with limited accessibility
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Access Considerations:
- Records over 100 years old: Generally unrestricted public access
- Historical records: May be transferred to NC State Archives
- Damaged or deteriorated records: May be reformatted
The Buncombe County Register of Deeds maintains divorce certificates dating back to the county's formation, though the completeness of early records may vary. The Buncombe County Clerk of Superior Court maintains court case files, with older records potentially stored in off-site archives requiring additional retrieval time.
Individuals seeking historical divorce records should contact the appropriate agency with as much identifying information as possible, as older records may be indexed differently than modern records.
How To Get a Divorce In Buncombe County
Obtaining a divorce in Buncombe County requires following specific legal procedures established under North Carolina law. The process involves several key steps:
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Meet Residency Requirements:
- Either spouse must have resided in North Carolina for at least six months
- File in Buncombe County if either spouse resides there
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Satisfy Separation Requirement:
- Live separate and apart for at least one year
- Separation must be physical with intent to end marriage
- No formal separation agreement required, though advisable
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Prepare and File Documents:
- Complete Complaint for Absolute Divorce
- File at Buncombe County Courthouse
- Pay filing fee (approximately $225)
- Fee waivers available for qualifying individuals
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Serve Divorce Papers:
- Serve spouse via certified mail, sheriff, or private process server
- File proof of service with court
- Allow 30 days for spouse to respond
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Schedule and Attend Hearing:
- Request hearing date after response period
- Prepare testimony and evidence
- Attend hearing (approximately 10-15 minutes for uncontested cases)
- Judge signs Judgment of Absolute Divorce if requirements met
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Address Related Issues:
- Property division (equitable distribution)
- Child custody and support if applicable
- Alimony/spousal support if applicable
- Name change requests if desired
The North Carolina Judicial Branch provides standardized forms for self-represented litigants. However, cases involving children, significant assets, or disputed issues typically benefit from legal representation. The Buncombe County Courthouse houses the Family Court division that processes divorce cases.
Buncombe County Courthouse
60 Court Plaza
Asheville, NC 28801
828-259-3400
Buncombe County Courts
How To Get Divorce Papers In Buncombe County
Individuals seeking to initiate divorce proceedings in Buncombe County can obtain the necessary forms through several methods. The following options are available for accessing divorce paperwork:
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North Carolina Judicial Branch Website:
- Visit the North Carolina Judicial Branch Forms section
- Search for divorce-related forms
- Download and print forms at no cost
- Available forms include Complaint for Absolute Divorce, Domestic Civil Action Cover Sheet, and related documents
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Buncombe County Courthouse:
- Visit the Buncombe County Clerk of Superior Court
- Request divorce packet from the Civil Division
- Pay nominal fee for printed forms if applicable
- Staff cannot provide legal advice but can identify required forms
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Buncombe County Law Library:
- Located in the Buncombe County Courthouse
- Access reference materials with form examples
- Use public computers to download and print forms
- Nominal fee for printing services
-
Legal Aid of North Carolina:
- Provides forms and assistance to qualifying low-income individuals
- May offer clinics on completing divorce paperwork
- Contact the Asheville office for availability
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North Carolina Bar Association:
- Offers standardized divorce forms
- Provides guidance on form completion
- Some services may require membership or fees
Required forms typically include:
- Domestic Civil Action Cover Sheet
- Complaint for Absolute Divorce
- Civil Summons
- Verification
- Certificate of Service
- Judgment of Absolute Divorce
Additional forms may be required for cases involving children, property division, or other complex issues. The Buncombe County Local Rules and Forms may include county-specific requirements beyond state forms.
Lookup Divorce Records in Buncombe County
Vital Records in Buncombe County
NC Vital Records Divorce Information
Buncombe County Court Services
Buncombe County Vital Records Online Portal
North Carolina Judicial Branch Forms
Request Public Records from NC Courts
Buncombe County Civil Division