Buncombe County Divorce Decree Records

Buncombe County stores divorce decree records at the Clerk of Superior Court in Asheville. This western North Carolina county sits in the Blue Ridge Mountains. Residents who need a divorce decree from Buncombe County can visit the clerk office at 60 Court Plaza. The staff can search for your case and provide copies. Both old and new divorce decree files are on hand. You can also look into records through the state court system online. The Asheville courthouse serves all of Buncombe County for these requests.

Buncombe County Divorce Decree Office

The Clerk of Superior Court in Buncombe County keeps all divorce decree files. This is a public office. Anyone can ask to see a divorce decree on file. You do not have to be a spouse in the case. The office is at 60 Court Plaza in Asheville. It is open Monday through Friday from 8:30 AM to 5:00 PM. Staff can pull your file and make copies on the spot.

Buncombe County is home to Asheville and many small towns nearby. All divorce cases in the county go through this one clerk office. Whether you live in Weaverville, Black Mountain, or Arden, your divorce decree is filed in Asheville. The Buncombe County Clerk of Superior Court handles all civil case files. This includes each divorce decree that a judge has signed. The clerk also manages child custody orders and other family court matters that may relate to a divorce decree in Buncombe County.

The Buncombe County courthouse in Asheville is shown on the county government site.

This is the main hub for all Buncombe County divorce decree requests and court file access.

How to Find a Buncombe Divorce Decree

Start with the name of one spouse. The clerk can look up any divorce decree by last name. A case number speeds things up. If you have one, bring it. The clerk staff will check the system and find your file. This works for both old and new cases in Buncombe County.

Online access is also an option. The North Carolina eCourts portal lets you search civil cases across the state. You can find basic details about a Buncombe County divorce decree this way. The portal shows case numbers, filing dates, and party names. It does not show the full text of a divorce decree. For that, you must contact the clerk or go in person to the Asheville courthouse. Many people start online and then visit the clerk to get the full divorce decree from Buncombe County.

You will need these items to search for a Buncombe County divorce decree:

• Full name of at least one spouse
• The year the case was filed or closed
• Case number if you have it
• A form of photo ID for certified copies

Note: Older divorce decree records in Buncombe County may take more time to locate since they could be stored in archives.

Divorce Decree and Certificate Differences

A divorce decree is not the same as a divorce certificate. These are two different records. The decree is the full court order. It comes from the judge. It sits in the court file at the Buncombe County clerk office. A divorce certificate is a short form. It comes from the state. The North Carolina Vital Records office issues certificates. They confirm that a divorce took place but give few details.

Most legal needs require the actual divorce decree from Buncombe County. Banks, real estate agents, and courts all want the full decree. A certificate may work for name changes or to prove marital status. The Vital Records office in Raleigh has certificates for divorces from 1958 on. You can reach them at vitalrecords.nc.gov. The fee is $24 for one copy. For the full Buncombe County divorce decree, go to the clerk in Asheville.

Buncombe County Divorce Decree Process

A divorce decree in Buncombe County starts with a complaint. One spouse files the complaint at the clerk office. The filing fee is $225. North Carolina law under G.S. 50-6 requires one full year of living apart before a judge will grant the decree. At least one spouse must have lived in the state for six months per G.S. 50-8. Buncombe County handles the case if either spouse lives there.

After filing, the other spouse must be served with papers. This can happen through the sheriff or by certified mail. The court sets a hearing date. If the case is uncontested, the judge can sign the divorce decree fairly fast. The signed decree goes into the court file. It becomes a public record in Buncombe County. Anyone can then request a copy.

Property division falls under G.S. 50-20. Alimony is covered by G.S. 50-16.3A. Both claims must be raised before the divorce decree is signed. Once the judge enters the decree, those rights are lost if not already filed. The Buncombe County clerk keeps all related motions and orders in the case file along with the final divorce decree.

Note: Property and alimony claims must be filed before the Buncombe County divorce decree is entered or they may be waived forever.

Buncombe County Related Records

The Buncombe County Register of Deeds handles marriage licenses and property records. These often tie into a divorce decree. A marriage license shows when the union began. Property deeds may change after a divorce decree splits assets. Both offices work in the same general area of Asheville government buildings.

The Register of Deeds page on the Buncombe County website offers more details about related filings.

Marriage and property records from this office often supplement a Buncombe County divorce decree.

Public records in North Carolina fall under G.S. Chapter 132. This means most court files are open. A Buncombe County divorce decree is a public record. You do not need a reason to request one. Some parts of a file may be sealed if they involve sensitive matters. But the divorce decree itself is almost always available to anyone who asks at the Buncombe County clerk office.

Divorce Decree Help in Buncombe County

Free legal help exists for Buncombe County residents. Legal Aid of North Carolina serves people with low income. They can help with divorce filings and explain what a divorce decree means. The North Carolina Courts website also has forms and guides for those who file on their own.

Not every person needs a lawyer to get a divorce decree in Buncombe County. Simple cases with no children and no property disputes can go fast. The court has self-help forms. Staff at the clerk office cannot give legal advice, but they can tell you which forms to use. For complex cases with property or children, legal counsel is a good idea before pursuing a divorce decree in Buncombe County.

North Carolina Divorce Decree Resources

The state keeps several resources for people who need a divorce decree. The Vital Records office in Raleigh is at 1903 Mail Service Center, Raleigh, NC 27699-1900. You can call them at 919-733-3000. They handle divorce certificates, not full decree copies. For research into older records, vitalrecords.nc.gov/research.htm has guidance.

The Buncombe County government website has links to all county departments. Check there for updates on hours, fees, or new online services. The clerk office in Asheville remains the best place to get a Buncombe County divorce decree in person. Call ahead to make sure they have what you need before you visit.