Find Divorce Records in Burke County
Burke County divorce records are maintained at the Clerk of Superior Court in Morganton, North Carolina. The clerk office keeps all divorce case files for residents of Burke County. The county was formed in 1777 from Rowan County and is part of Judicial District 36 along with Caldwell and Catawba Counties. Burke County has a Family Court Administration program. You can search for divorce records in person, by mail, or start online. This page covers how to get divorce records from the Burke County courthouse.
Burke County Quick Facts
Burke County Clerk of Superior Court
Mabel H. Lowman serves as the Clerk of Superior Court for Burke County. The courthouse is at 201 South Green Street in Morganton. Mail goes to P.O. Box 796, Morganton, NC 28680. Call (828) 433-3200 for questions about divorce records. Hours are Monday through Friday, 8:30 AM to 5:00 PM.
The Burke County Clerk of Superior Court maintains all divorce and court records. Burke County is in Judicial District 36, which it shares with Caldwell and Catawba Counties. Family Court Administration is available for case management in divorce and family matters. Public access terminals are set up at the courthouse for self-service record searches. The NC Judicial Branch online search is also available.
Burke County was formed in 1777 from Rowan County. The county seat is Morganton.
| Court |
Burke County Clerk of Superior Court 201 South Green Street Morganton, NC 28655 Phone: (828) 433-3200 |
|---|---|
| Hours | Monday through Friday, 8:30 AM to 5:00 PM |
| Website | nccourts.gov/locations/burke-county |
Searching Burke County Divorce Records
The Burke County divorce records page outlines the search steps. Visit the clerk office at the courthouse in Morganton. Bring a valid photo ID. Provide the names of the parties and the approximate date of the divorce. A case number helps if you have one. Staff will direct you to the records. You handle the research yourself.
Written requests go to P.O. Box 796, Morganton, NC 28680. Include full names and dates. The search fee is $2.00 per name searched. Copies are $0.25 per page. Certified copies cost $5.00 per document. Send payment by check or money order. The Burke County contact directory lists phone numbers for each department.
The NC eCourts portal at nccourts.gov offers online searches for basic case data. You can look up Burke County cases by name or case number. Full documents need a visit or mail request.
Burke County Divorce Filing Process
To file for divorce in Burke County, submit a complaint at the clerk office. The fee is $225. Under N.C.G.S. 50-6, you must have been living apart for one full year. At least one spouse must have lived in North Carolina for six months under G.S. 50-8. File in Burke County if either spouse lives here.
Serve the other spouse after filing. The Burke County Sheriff can deliver the papers. Certified mail, FedEx, UPS, and private process servers are also options. Your spouse does not need to consent. North Carolina is a no-fault state. The only ground for divorce is one year of separation. There is also a rarely used ground of three years apart due to incurable insanity. Once the waiting period is done and papers are filed, the court enters the judgment. This final order becomes part of the public record in Burke County.
Note: Burke County shares Judicial District 36 with Caldwell and Catawba Counties, so court schedules may vary from other districts across the state.
What Burke County Divorce Records Show
A divorce case file in Burke County contains the complaint, answer, separation agreement, and final judgment. The complaint states the grounds. The answer comes from the other spouse. The judgment of divorce is the court order that dissolves the marriage.
Most people need a certified copy of the judgment. This serves as legal proof that the marriage ended. You may need it for name changes, property transfers, or to remarry. Under N.C.G.S. Chapter 132, divorce records are public in Burke County. Anyone can ask to see them. You do not have to be a party to the case. Details about children may be sealed, but most of the file remains open. Claims for property division under G.S. 50-20 and alimony must be filed before the judgment is entered, or those rights are waived in Burke County.
Divorce Verification for Burke County
NC Vital Records issues divorce verification letters for $24. These confirm a divorce took place in Burke County. They show names, date, and county. Mail your request to 1903 Mail Service Center, Raleigh, NC 27699-1903. Extra copies are $15 each when ordered at the same time. Records cover 1958 to the present at vitalrecords.nc.gov.
For the full divorce judgment, visit the Burke County clerk in Morganton. Pre-1958 records are at the clerk office or the NC State Archives at (919) 814-6840. Burke County was formed in 1777, so historical records may span many generations. The Western Regional Archives at 176 Riceville Rd., Asheville, phone (828) 250-3120, also serves western counties including Burke.
Legal Resources for Burke County
Legal Aid of North Carolina at (866) 219-5262 serves Burke County residents with free legal help. The North Carolina State Bar referral line at 1-800-662-7660 can match you with a family law attorney near Morganton. The NC Judicial Branch has free forms and filing instructions for divorce.
If you cannot pay the filing fee, ask the Burke County clerk about a fee waiver. File a Petition to Proceed as an Indigent with the court. You can include a request to resume your maiden name in the divorce complaint at no extra charge. The Burke County Family Court Administration program helps manage cases and hearings for divorce and other family matters. This can make the process smoother for both sides.