Find Dissolution Of Marriage Records in Burke County

Burke County dissolution of marriage records go back to 1777. The Clerk of Superior Court in Morganton maintains all these files. Whether you need a recent case or an older record, the clerk's office is where to look. Burke County was one of the first counties formed in North Carolina, so its court history runs deep. This guide covers how to find dissolution of marriage records in Burke County, what those records contain, and what to expect when you visit the courthouse on South Green Street.

Burke County Clerk of Superior Court

The Clerk of Superior Court in Morganton keeps all dissolution of marriage records for Burke County. This office files every document in a case from start to finish. You can reach the clerk at (828) 432-2800 or visit in person at 201 S Green St in Morganton. Staff can search records by party name or case number.

Burke County was created in 1777 from Rowan County and named for Thomas Burke, a delegate to the Continental Congress and North Carolina governor. The county's court records date to that same year. This long history means the clerk's office holds some of the oldest dissolution of marriage records in western North Carolina. Records from the Revolutionary War era may contain unique historical context about family life at the time.

The Burke County Court Information page on the NC Courts website has current contact details, court calendars, and filing information. This is a good place to check before your visit. The clerk's office can also help with questions about what you need to bring when requesting dissolution of marriage records.

The NC Courts site for Burke County gives you up-to-date details on court schedules and how to access dissolution of marriage case files in Morganton.

The Burke County NCGenWeb site at ncgenweb.us/burke offers genealogical resources that can help trace older dissolution of marriage records in Burke County.

How to Look Up Burke County Dissolution Records

You can search for dissolution of marriage records in Burke County online or in person. The North Carolina courts system at nccourts.gov offers access to civil case records statewide. Search by party name or case number to find Burke County cases. For older records or full document copies, visit the clerk's office on South Green Street in Morganton.

The North Carolina State Archives holds microfilm of Burke County court records going back to the 1700s. If you are researching a dissolution of marriage from the 1800s or earlier, the State Archives may have what you need. The FamilySearch wiki for Burke County lists what records are available and where to find them.

Note: For events before 1777, check Rowan County records, since Burke County was formed from Rowan that year.

Dissolution Of Marriage Filing Fees in Burke County

Burke County follows the standard North Carolina fee schedule for dissolution of marriage filings. The filing fee for a complaint is $225. This is the same fee charged in all North Carolina counties under state law. Pay this fee at the clerk's office in Morganton when you submit your complaint.

Other costs include service fees for delivering papers to your spouse, copy fees, and certified copy fees for the final judgment. Certified copies of dissolution of marriage judgments are often needed for name changes or property transfers. Call (828) 432-2800 to confirm the current copy fees in Burke County before you visit.

Burke County Dissolution Of Marriage Process

Filing a dissolution of marriage in Burke County follows North Carolina law. You must have lived separate and apart from your spouse for at least one year before filing under N.C.G.S. 50-6. One of the spouses must have lived in North Carolina for at least six months before the case is filed.

You bring your complaint to the clerk's office at 201 S Green St in Morganton. You pay the $225 fee and receive a case number. The clerk records your filing and it becomes part of the official Burke County court record. Under N.C.G.S. 50-8, the complaint must include the facts about the separation. After service and the waiting period, the court schedules a hearing and issues a final judgment. That judgment is the official record of the dissolution of marriage in Burke County.

The NC Courts help page on separation and divorce explains eligibility requirements and what to expect at each step of the process.

Note: Property division and alimony claims must be filed before the dissolution of marriage judgment is entered, or you may lose those rights under North Carolina law.

Related Burke County Records

The Burke County Register of Deeds holds marriage records from 1791 and land records from 1777. You may need a marriage certificate to show proof of marriage before filing for dissolution of marriage. The Register of Deeds can also help with property deeds that may change hands after a divorce.

Birth and death records from 1913 are also available through the Register of Deeds office. For divorce certificates from 1958 to the present, the NC Vital Records office is the right source. These certificates are shorter documents that confirm a dissolution of marriage took place. For the full case file, the Clerk of Superior Court in Morganton is where to go.

The FamilySearch guide to North Carolina divorce records explains the difference between vital records certificates and court case files. Both can be useful depending on what you need from the Burke County dissolution of marriage archive.

Nearby Counties

These counties share borders with Burke County. Each has its own clerk of court for dissolution of marriage cases. File in the county where you or your spouse lives to ensure the court has proper jurisdiction.