Find Dissolution Of Marriage Records in Durham County

Durham County dissolution of marriage records are maintained by the Clerk of Superior Court at the Durham County Courthouse. The county has kept court records since its formation in 1881. If you need to search for a divorce case filed in Durham County, you can use the NC courts online system or visit the clerk's office in downtown Durham. Staff can help you locate cases, pull files, and provide certified copies of dissolution of marriage judgments.

Durham County Clerk of Superior Court

The Clerk of Superior Court in Durham County stores and manages all dissolution of marriage case files. This office is the main point of contact for anyone who needs to file for divorce, retrieve case records, or get certified copies of a final judgment. The Durham County courthouse is located in the city of Durham at 200 East Main Street.

Durham County was created on February 28, 1881, from parts of Orange and Wake counties. It was named for Dr. Bartlett Durham, who sold the land that became the town of Durham. The county seat is the city of Durham, which has grown into one of the major urban centers of the Research Triangle area. Dissolution of marriage records in Durham County go back to 1881, the year the county was formed. There is no known history of courthouse disasters in Durham County, which means records from the earliest years are generally intact.

The Durham County Government website provides general information about county services and departments, including links to court-related resources.

The county government page shown above is a starting point for locating current contact information and office hours for the Durham County Clerk of Superior Court.

Searching Durham County Dissolution Of Marriage Cases

Durham County dissolution of marriage records can be searched online or in person. The North Carolina courts system provides an online portal where you can look up civil case records by party name or case number. This works for cases filed anywhere in the state, including Durham County. Basic case information is available at no cost. For copies of actual court documents, you need to contact the Durham County Clerk of Superior Court or visit the courthouse.

In-person visits to the Durham County courthouse allow you to review full case files and get certified copies on the spot. Bring a valid photo ID and the name of at least one party in the case you are searching for. If you have a case number, that speeds up the search. Dissolution of marriage records in Durham County dating back to 1881 may be stored in different formats depending on the age of the record. The clerk can advise you on the best way to find older records.

The NC Judicial Branch separation and divorce help page gives a plain-language explanation of how dissolution of marriage works in North Carolina, which is helpful for understanding what records get created and where they are stored.

Note: Durham County records go back to 1881. For any dissolution of marriage cases before 1958, you must contact the Durham County Clerk directly since the state vital records office only holds records from 1958 forward.

Dissolution Of Marriage Filing Process in Durham County

Filing for dissolution of marriage in Durham County starts with submitting a complaint to the Clerk of Superior Court. The filing fee is $225. Under N.C.G.S. § 50-8, at least one spouse must have been a North Carolina resident for six months before the case is filed. You file in the county where either spouse lives. If you live in Durham, you file in Durham County.

The key legal requirement under N.C.G.S. § 50-6 is one full year of separation. The two spouses must live in separate homes, and at least one must intend for the separation to be permanent. Once that year is complete, you may file the complaint. After filing, you must serve your spouse with the papers. The Durham County Sheriff can handle service, or you can use a private process server or certified mail with return receipt. Proof of service goes into the court file in Durham County.

For uncontested cases in Durham County, where both sides agree, the process moves more quickly after filing. The final judgment of dissolution of marriage ends the marriage and becomes part of the permanent public record held by the Durham County Clerk of Superior Court.

Durham County Dissolution Of Marriage Record Contents

A dissolution of marriage file in Durham County contains the complaint, any answer or response from the other spouse, and the final judgment. It may also include a separation agreement if one was filed with the court, motions, and other papers from the case. The final judgment is the document that officially ends the marriage. Certified copies of this judgment are often needed for name changes, property transactions, and other legal matters in Durham County and beyond.

Durham County dissolution of marriage records are open to the public under North Carolina's public records law. You do not have to be a party to the case to view or request copies. Some records involving children or sealed financial information may have restricted portions, but the main case file is accessible. The Durham County Clerk can provide plain copies or certified copies depending on what you need. Certified copies cost more but carry the court's official seal.

The state also maintains divorce certificates through NC Vital Records for divorces granted from 1958 to the present. A verification letter from that office confirms a dissolution of marriage occurred but does not contain the full judgment terms. Most legal matters require the actual court judgment from Durham County, not just a state certificate.

Nearby Counties

Durham County borders several other counties. If you are not sure which county court handles your dissolution of marriage case, look at the address where you live. You must file in the county where you or your spouse reside.