Buncombe County Dissolution Of Marriage Records
Buncombe County dissolution of marriage records are kept by the Clerk of Superior Court in Asheville. The county has a long history, with court records dating back to 1792. If you need to find a divorce filing, judgment, or case file in Buncombe County, the clerk's office is the right place to start. You can search in person at the courthouse or contact the office by phone. This page explains how to find and access dissolution of marriage records in Buncombe County, North Carolina.
Buncombe County Quick Facts
Buncombe County Clerk of Superior Court
The Clerk of Superior Court is the official keeper of dissolution of marriage records in Buncombe County. This office files every complaint, motion, order, and final judgment in each case. Staff can search for cases by name or case number. The courthouse is in downtown Asheville at 60 Court Plaza.
Buncombe County was created in 1791 from Burke and Rutherford counties. It was named for Edward Buncombe, a Revolutionary War colonel. The clerk's office has court records going back to 1792, making this one of the older county court archives in western North Carolina. If you need records from before Buncombe County was formed, check Burke and Rutherford county archives.
The Buncombe County Register of Deeds website allows searching of marriage and land records online. The Buncombe County Register of Deeds office has marriage records from 1830 and land records from 1792. Marriage records may be needed to prove a marriage before a dissolution of marriage case is filed.
The Buncombe County Clerk of Superior Court handles all civil filings including dissolution of marriage cases. The office is open Monday through Friday from 8:30 AM to 5:00 PM. Call ahead before visiting to confirm hours and what documents you may need.
The Register of Deeds office supports dissolution of marriage research by maintaining marriage certificates that date back nearly two centuries in Buncombe County.
The Clerk of Superior Court office in Asheville handles every step of a dissolution of marriage case from initial filing through final judgment.
| Court |
Buncombe County Clerk of Superior Court 60 Court Plaza Asheville, NC 28801 Phone: (828) 259-3400 |
|---|---|
| Hours | Monday through Friday, 8:30 AM to 5:00 PM |
| Website | nccourts.gov/locations/buncombe-county |
Searching Dissolution Of Marriage Records in Buncombe
You have two ways to search for dissolution of marriage records in Buncombe County. You can search online using the North Carolina eCourts system, or you can go to the courthouse in person. Online searches are good for finding basic case details. Going to the clerk's office lets you see the full file and get certified copies of the judgment the same day.
The North Carolina courts system provides access to civil case records through nccourts.gov. You can search by the name of either spouse or by case number. This system covers all counties in the state, including Buncombe County. Basic case information is free to view. To get copies of actual documents, you will need to contact the clerk or visit the courthouse on Court Plaza in Asheville.
The FamilySearch wiki for Buncombe County is a good starting point for older records. The Family History Library has microfilm of many Buncombe County court records. Researchers looking for dissolution of marriage records from the 1800s or early 1900s may find this resource helpful.
Note: When searching Buncombe County dissolution of marriage records from before 1792, check the parent counties of Burke and Rutherford, as Buncombe County was not yet formed.
Buncombe County Dissolution Of Marriage Fees
The cost to file a dissolution of marriage complaint in Buncombe County follows the statewide fee schedule set by the North Carolina legislature. The filing fee is $225. This fee applies when you first file the complaint with the Clerk of Superior Court in Asheville.
Other costs may apply on top of the filing fee. You must serve your spouse with the divorce papers. You can use the Buncombe County Sheriff, a private process server, or certified mail with return receipt. Copy fees depend on the number of pages. Certified copies of the final judgment cost more than plain copies. If you have low income, you can ask the clerk about applying for a fee waiver using the Petition to Proceed as an Indigent form.
Filing for Dissolution Of Marriage in Buncombe County
North Carolina law governs how dissolution of marriage cases are filed and handled in every county, including Buncombe. Under N.C.G.S. 50-6, you must have lived separate and apart from your spouse for at least one year before filing. One spouse must have lived in North Carolina for at least six months before the case is filed.
You file the complaint at the clerk's office on Court Plaza in Asheville. The clerk assigns a case number and the case becomes part of the official Buncombe County court record. Under N.C.G.S. 50-8, the complaint must state the facts of the separation. Once filed, you must serve your spouse and wait for the case to move through the court. The final judgment of dissolution of marriage is the document that ends the marriage in Buncombe County.
Note: Claims for property division and alimony must be filed before the court enters the dissolution of marriage judgment, or those claims are lost under North Carolina law.
What Buncombe County Dissolution Records Show
A dissolution of marriage file in Buncombe County contains several types of documents. The complaint is the first document. It names both parties and states the grounds for the action. The answer, if filed, is the response from the other spouse. Any motions or orders made during the case are also in the file. The final judgment is the court order that ends the marriage.
Most people need the final judgment for legal tasks. You may need a certified copy to change your name with the DMV or Social Security Administration, to update bank accounts, or to deal with property transfers after the divorce. The clerk in Asheville can make certified copies of the judgment for a fee. Call (828) 259-3400 to ask about copy fees and turnaround time in Buncombe County.
Dissolution of marriage records in Buncombe County are public under the North Carolina Public Records Act. You do not need to be a party to the case to request a copy. Some details related to children or sealed financial records may be protected, but most of the case file is open to the public.
For divorces from 1958 to the present, the NC Vital Records office also has divorce certificates. These shorter documents confirm that a dissolution of marriage took place. They show names, dates, and the county where the divorce was granted. For older records, only the Buncombe County clerk has what you need.
Legal Help in Buncombe County
Several resources can help with dissolution of marriage cases in Buncombe County. Legal Aid of North Carolina serves this area and provides free help to people with low incomes. Call (866) 219-5262 to ask about eligibility and services. The North Carolina State Bar also runs a lawyer referral service at 1-800-662-7660 to connect you with a family law attorney in Buncombe County.
The North Carolina Judicial Branch at nccourts.gov has court forms and step-by-step guides for people who want to file without a lawyer. The Pack Memorial Library in Asheville has local history and genealogy collections that can help with older dissolution of marriage research.
The FamilySearch guide to North Carolina divorce records is a useful reference for historical research. It explains where records are held and how to access them for both modern and older cases.
Nearby Counties
These counties border Buncombe County. Each has its own clerk of court for dissolution of marriage filings. Make sure you file in the county where you or your spouse lives.