Buncombe County Divorce Records

Buncombe County divorce records are kept at the Clerk of Superior Court in Asheville, North Carolina. The clerk office manages all divorce case files for the county. Buncombe County was formed in 1791 from Burke and Rutherford Counties. It is part of Judicial District 40 and has a Family Court program. You can search divorce records in person at the courthouse, by mail, or start with an online search. This page explains how to find and obtain divorce records in Buncombe County.

Buncombe County Clerk of Superior Court

Steven D. Cogburn is the Clerk of Superior Court for Buncombe County. The courthouse is at 60 Court Plaza in Asheville. Call (828) 259-3400 for help with divorce records. Hours are Monday through Friday, 8:00 AM to 5:00 PM.

The Buncombe County Clerk of Superior Court maintains all divorce records. Self-service public terminals are in the lobby for record searches. A customer service point handles copy requests. Buncombe County is in Judicial District 40 and has a Family Court along with specialty courts for adult treatment, veterans treatment, and DWI treatment. The Buncombe County Clerk of Court website has further details about searches and fees.

Buncombe County was formed in 1791. The county seat is Asheville, which serves as the main city of western North Carolina.

Searching Buncombe County Divorce Records

Visit the Buncombe County courthouse in Asheville to search for divorce records. Self-service terminals in the lobby let you look up cases by name or case number. Staff at the customer service point can help with copy requests. Bring your photo ID. You handle the research yourself.

Written requests are also accepted. Mail them to the Clerk of Superior Court, 60 Court Plaza, Asheville, NC 28801-3519. Include full names and approximate dates. The Buncombe County contact directory lists department numbers. The Criminal Division can be reached at (828) 259-3402. Recording fees are $6.00 for the first page and $0.25 for each extra page. Certified copy fees apply for divorce judgments.

Out-of-state payments to the Buncombe County clerk must be by certified check or money order. Local residents can pay by cash, personal check, or card. The NC eCourts portal at nccourts.gov provides online access to basic case data for Buncombe County.

Note: Name-based and ID-based searches are both available at the Buncombe County clerk office for finding divorce records.

Filing for Divorce in Buncombe County

Filing for divorce in Buncombe County starts with a complaint at the clerk office. Pay the $225 fee. Under N.C.G.S. 50-6, you must live apart for one year. One spouse must be a state resident for six months per G.S. 50-8. If either spouse lives in Buncombe County, file here.

Serve the other spouse after filing. The Buncombe County Sheriff can deliver the papers. Certified mail, FedEx, UPS, and private process servers are also options. Your spouse does not need to agree. North Carolina is a no-fault divorce state. The only ground is one year of separation. Isolated incidents of contact during the separation do not reset the one-year clock. Once the court enters the judgment, the divorce becomes final and part of the public record in Buncombe County.

Buncombe County has a Family Court program. This means divorce cases may be handled through a dedicated family court track. This can help organize hearings and case management for families going through divorce in Buncombe County.

Buncombe Divorce Record Contents

Divorce files in Buncombe County include the complaint, answer, separation agreement, and final judgment. The complaint starts the case. The judgment ends the marriage. Most people need a certified copy of the judgment for legal purposes like name changes under G.S. 50-12 or property transfers.

Under N.C.G.S. Chapter 132, divorce records are public in Buncombe County. Anyone can ask to view them. You do not need to be named in the case. Some information about children may be sealed. The rest of the file is open to the public. Claims for equitable distribution under G.S. 50-20 and alimony must be filed before the judgment. After the divorce is final, those rights are gone for good.

The Buncombe County courthouse page has details about the building and visitor information.

Divorce Verification in Buncombe County

NC Vital Records issues divorce verification letters for $24. These letters confirm a divorce happened in Buncombe County. They show names and the date but not the full terms. Mail requests to 1903 Mail Service Center, Raleigh, NC 27699-1903. Extra copies at the same time are $15 each. Records cover 1958 to the present.

For the full judgment, contact the Buncombe County clerk at (828) 259-3400. Pre-1958 records may be at the clerk office or the State Archives. The Western Regional Archives at 176 Riceville Rd., Asheville, NC 28805, phone (828) 250-3120, is a resource for historical Buncombe County court records.

Legal Help in Buncombe County

Legal Aid of North Carolina at (866) 219-5262 provides free legal help to qualifying residents of Buncombe County. The State Bar referral line at 1-800-662-7660 can match you with a family law attorney in Asheville. The NC Judicial Branch has free divorce forms and instructions for self-represented individuals.

If you cannot pay the filing fee, ask the Buncombe County clerk about a fee waiver. File a Petition to Proceed as an Indigent. You can add a request to resume your maiden name in the divorce complaint at no extra cost. The Buncombe County Family Court can also provide guidance on case management and hearing schedules for divorce proceedings.

Note: NC Vital Records at vitalrecords.nc.gov can verify a Buncombe County divorce but cannot provide the full judgment from the court file.