New Hanover County Divorce Records
What Are New Hanover County Divorce Records?
Divorce records in New Hanover County are official legal documents that provide evidence of the dissolution of a marriage within the county's jurisdiction. These records are maintained pursuant to North Carolina General Statutes § 50-10, which governs divorce proceedings throughout the state. Divorce records typically consist of multiple documents filed during the divorce process, including the initial complaint, summons, financial affidavits, property settlement agreements, and the final judgment of divorce.
The New Hanover County Clerk of Superior Court maintains these records as part of their official duties. Divorce records serve several important functions:
- Legal proof of marital status change
- Documentation required for remarriage
- Evidence for name change processes
- Verification for Social Security benefits claims
- Supporting documentation for loan applications
- Required evidence for immigration matters
- Historical and genealogical research purposes
Under North Carolina law, divorce records are categorized as both vital records and court records, with different components maintained by different government entities. The North Carolina Judicial Branch oversees court records related to divorce proceedings, while the North Carolina Department of Health and Human Services maintains certificates of divorce through their Vital Records division.
Are New Hanover County Divorce Records Public?
New Hanover County divorce records have a dual status regarding public accessibility. Court case files related to divorce proceedings are generally considered public records under the North Carolina Public Records Law § 132-1, which establishes the public's right to inspect government records. However, this access is subject to important limitations and exceptions.
The following components of divorce records are typically accessible to the public:
- Basic case information (names of parties, case numbers, filing dates)
- Court hearing schedules
- Final divorce decrees (with certain information redacted)
- General court orders
However, several categories of information within divorce records may be restricted from public access:
- Financial affidavits and detailed property settlements
- Records containing Social Security numbers, financial account numbers, or other personal identifiers
- Documents related to child custody evaluations
- Records sealed by judicial order
- Information protected under North Carolina General Statutes § 50-13.1 regarding child custody
Certified divorce certificates, which provide official verification of a divorce, have more restricted access. According to the North Carolina Department of Health and Human Services, these certificates are available only to:
- The parties named in the divorce
- Their immediate family members
- Legal representatives with proper authorization
- Individuals who can demonstrate a legitimate legal interest
This balanced approach aims to provide transparency in the judicial process while protecting sensitive personal information.
How To Find a Divorce Record In New Hanover County in 2026
Members of the public seeking divorce records in New Hanover County may utilize several methods to locate these documents. The appropriate approach depends on the specific type of divorce record needed and the requester's relationship to the case.
For divorce case files and court records:
- Visit the New Hanover County Clerk of Superior Court office in person:
New Hanover County Courthouse
316 Princess Street
Wilmington, NC 28401
(910) 772-6600
New Hanover County Courts
-
Provide the clerk with essential information:
- Full names of both parties to the divorce
- Approximate date of divorce filing or finalization
- Case number (if known)
-
Complete any required request forms and pay applicable fees:
- Search fees: $0-$25 (depending on search complexity)
- Copy fees: $0.25-$2.00 per page
- Certification fees: $3.00-$10.00 per document
For certified divorce certificates:
- Submit a request to the North Carolina Vital Records office:
NC Vital Records
1903 Mail Service Center
Raleigh, NC 27699-1900
(919) 733-3000
North Carolina Vital Records
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Provide required identification and documentation:
- Government-issued photo ID
- Proof of relationship to parties named in divorce (if applicable)
- Completed application form
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Pay the required fee:
- $24.00 for first copy
- $15.00 for each additional copy ordered at same time
Alternatively, requesters may submit applications through third-party vital records services, though additional fees may apply.
How To Look Up Divorce Records in New Hanover County Online?
New Hanover County provides limited online access to divorce records through several digital platforms. The North Carolina Judicial Branch maintains an online Court Records Search Portal that allows users to search for basic case information.
To search for divorce records online:
- Visit the North Carolina Court System's Public Case Search portal
- Select "New Hanover County" from the jurisdiction dropdown menu
- Enter search criteria in the appropriate fields:
- Last name and first name of either party
- Case number (if known)
- Case type (select "Divorce" or "Domestic")
- Filing date range (if known)
- Review search results, which typically include:
- Names of parties
- Case numbers
- Filing dates
- Case status
- Scheduled hearing dates
Important limitations of online searches include:
- Full case documents are not available for download
- Detailed financial information is not accessible online
- Cases with sealed or confidential components may not appear in search results
- Historical records (generally pre-2000) may not be included in the database
For comprehensive divorce record searches, particularly for older cases or those requiring document copies, in-person requests at the New Hanover County Courthouse remain necessary. The North Carolina Judicial Branch provides additional guidance on accessing court records electronically.
How To Find Divorce Records for Free In New Hanover County?
New Hanover County residents seeking no-cost access to divorce records have several options available, though each method has certain limitations. The following approaches may be utilized to access divorce information without payment:
- In-person inspection at the New Hanover County Courthouse:
- Visit the Clerk of Superior Court's office during regular business hours
- Request to view specific divorce case files
- No fee is charged for viewing records on-site
- Note: copying or certification services will incur standard fees
New Hanover County Courthouse
316 Princess Street
Wilmington, NC 28401
(910) 772-6600
New Hanover County Courts
-
Public access terminals at the courthouse:
- Computer terminals are available for searching the court's electronic case management system
- Basic case information can be viewed without charge
- Available during regular courthouse hours: Monday-Friday, 8:30 AM - 5:00 PM
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Public library resources:
- The New Hanover County Public Library maintains microfilm archives of local newspapers
- Historical divorce announcements may be researched through newspaper archives
- Library staff can assist with navigating available resources
New Hanover County Public Library - Main Branch
201 Chestnut Street
Wilmington, NC 28401
(910) 798-6300
New Hanover County Public Library
- Limited online case information:
- Basic case information is available through the North Carolina Court System's website
- Search functions are free, though document access is limited
While these methods provide free access to basic divorce record information, comprehensive searches or obtaining official copies will typically require payment of established fees. Additionally, confidential or sealed records will not be accessible through these methods.
What's Included in a Divorce Records In New Hanover County
Divorce records in New Hanover County comprise multiple documents that collectively document the legal dissolution of a marriage. These records are maintained in accordance with North Carolina General Statutes § 7A-109, which governs the maintenance of court records. The contents of divorce files typically include:
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Initial filing documents:
- Complaint for Divorce/Petition for Dissolution
- Summons
- Proof of service
- Financial affidavits
- Verification of residency requirements
-
Procedural documents:
- Motions filed by either party
- Responses to motions
- Court orders on temporary matters
- Notices of hearing
- Continuance requests
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Evidence and supporting documentation:
- Property inventories
- Income verification
- Asset valuation reports
- Child custody evaluations (when applicable)
- Parenting plans (for cases involving minor children)
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Resolution documents:
- Separation agreements
- Property settlement agreements
- Child support worksheets and orders
- Alimony determinations
- Final judgment of divorce/divorce decree
-
Post-judgment filings:
- Motions to modify support or custody
- Contempt proceedings
- Appeals documentation
- Enforcement actions
The certified divorce certificate, available through the North Carolina Vital Records office, contains more limited information:
- Full names of both parties
- Date of divorce finalization
- County where divorce was granted
- Case number
- Official state certification
Certain sensitive information may be redacted or sealed in publicly accessible versions of these records, including Social Security numbers, financial account details, and information related to minor children.
How To Get Proof of Divorce In New Hanover County?
Individuals requiring official proof of divorce in New Hanover County have two primary options for obtaining this documentation, depending on the level of detail and certification needed. Both methods provide legally recognized evidence of a divorce.
For a certified copy of the divorce certificate:
- Submit a request to the North Carolina Vital Records office:
NC Vital Records
1903 Mail Service Center
Raleigh, NC 27699-1900
(919) 733-3000
North Carolina Vital Records
-
Complete the required application form, available on the NC Vital Records website
-
Provide necessary identification:
- Government-issued photo ID
- Documentation of relationship to named parties (if not a party to the divorce)
- Notarized authorization (if requesting on behalf of an eligible individual)
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Submit payment of $24.00 for the first copy and $15.00 for each additional copy
-
Allow 5-10 business days for processing plus mailing time
For a certified copy of the divorce judgment/decree:
- Visit or contact the New Hanover County Clerk of Superior Court:
New Hanover County Courthouse
316 Princess Street
Wilmington, NC 28401
(910) 772-6600
New Hanover County Courts
-
Provide the clerk with:
- Names of both parties to the divorce
- Approximate date of divorce
- Case number (if known)
-
Request a certified copy of the divorce judgment
-
Pay the required fees:
- Copy fees: $0.25-$2.00 per page
- Certification fee: $3.00-$10.00 per document
-
Receive the certified document, typically available same-day for in-person requests
The divorce certificate from Vital Records provides basic information confirming the divorce occurred, while the court's divorce judgment contains detailed information about property division, support obligations, and other specific terms of the divorce.
Can a Divorce Be Confidential In New Hanover County?
While divorce proceedings in New Hanover County are generally matters of public record, North Carolina law provides several mechanisms through which certain aspects of divorce cases may be kept confidential. These provisions balance the public's right to access court records with individuals' privacy interests.
Under North Carolina General Statutes § 50-8, the following divorce-related information may be subject to confidentiality protections:
-
Records that may be automatically sealed or redacted:
- Social Security numbers
- Financial account numbers
- Names and identifying information of minor children
- Certain medical and mental health information
- Victims' addresses in cases involving domestic violence
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Records that may be sealed by judicial order:
- Financial affidavits and detailed asset information
- Custody evaluations and reports
- Guardian ad litem reports
- Sensitive personal information where disclosure would cause harm
To request confidentiality for divorce proceedings, parties may:
- File a motion to seal specific documents or the entire case file
- Demonstrate compelling reasons that outweigh the public interest in access
- Request a protective order under North Carolina Rules of Civil Procedure 26(c)
- Enter into confidential settlement agreements (though the fact of divorce remains public)
The court applies a balancing test when considering confidentiality requests, weighing:
- The nature of the information sought to be protected
- Potential harm from disclosure
- The public's interest in access
- Whether less restrictive alternatives exist
Even when records are sealed, basic case information (parties' names, case numbers, and general case type) typically remains accessible through public indexes. Complete confidentiality is rare and generally reserved for exceptional circumstances involving safety concerns or highly sensitive information.
How Long Does a Divorce Take In New Hanover County?
The duration of divorce proceedings in New Hanover County varies significantly based on several factors, including case complexity, level of agreement between parties, and court scheduling. Under North Carolina law, specifically General Statutes § 50-6, a one-year separation period is required before filing for absolute divorce, which establishes the minimum timeline for most divorces.
Typical timeframes for New Hanover County divorces include:
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Uncontested divorces with complete agreement:
- Minimum processing time: 45-60 days after filing
- Total time (including separation period): 12-14 months
- Key factors: Court scheduling, administrative processing
-
Contested divorces with partial agreements:
- Average processing time: 6-9 months after filing
- Total time (including separation period): 18-21 months
- Key factors: Discovery completion, negotiation progress, hearing availability
-
Highly contested divorces:
- Average processing time: 12-24 months after filing
- Total time (including separation period): 24-36 months
- Key factors: Complexity of assets, custody disputes, expert witness requirements
According to the North Carolina Judicial Branch, factors that may extend the divorce timeline include:
- Court congestion and scheduling delays
- Discovery disputes requiring judicial intervention
- Multiple contested hearings on temporary matters
- Complex property division requiring appraisals or forensic accounting
- Child custody evaluations and home studies
- Attempts at reconciliation during the process
- Appeals of interim orders
Factors that may expedite the process include:
- Mediation and alternative dispute resolution
- Collaborative divorce approaches
- Comprehensive separation agreements executed prior to filing
- Simplified procedures for cases without minor children or significant assets
The New Hanover County Family Court division implements case management practices designed to move cases efficiently through the system while ensuring due process for all parties.
How Long Does New Hanover County Keep Divorce Records?
New Hanover County maintains divorce records in accordance with the North Carolina Records Retention Schedule established under General Statutes § 121-5 and administered by the North Carolina Department of Natural and Cultural Resources. Different components of divorce records are subject to varying retention periods.
The retention schedule for divorce records in New Hanover County includes:
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Court case files (maintained by Clerk of Superior Court):
- Complete case files: Permanent retention
- Microfilm/digital preservation: Implemented for older records
- Physical storage: Varies by age and format of records
- Accessibility: May decrease for older records requiring archival retrieval
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Divorce certificates (maintained by NC Vital Records):
- Original certificates: Permanent retention
- Index of divorces: Permanent retention
- Digital records: Maintained indefinitely with periodic system migrations
- Historical records: Preserved through multiple backup systems
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Supporting documentation:
- Financial affidavits: Minimum 10-year retention
- Temporary orders: Retained with permanent case file
- Guardian ad litem reports: Minimum 10-year retention
- Exhibits: Variable retention based on type and significance
The North Carolina Judicial Branch maintains a comprehensive records management program that includes:
- Conversion of older paper records to digital formats
- Secure storage of original documents
- Disaster recovery protocols
- Periodic audits of records integrity
While records are maintained permanently, the accessibility and retrieval time may increase for older records. Records from recent decades are typically available through electronic case management systems, while historical records may require manual retrieval from archives or microfilm collections.
Individuals seeking historical divorce records should contact the New Hanover County Clerk of Superior Court office directly to determine the most efficient retrieval method for records from a specific time period.
How To Get a Divorce In New Hanover County
Residents seeking to dissolve a marriage in New Hanover County must follow specific procedures established under North Carolina divorce law. The process involves several distinct steps and requirements as outlined below.
Prerequisites for filing:
- Residency requirement: At least one spouse must have been a North Carolina resident for six months prior to filing
- Separation requirement: Spouses must have lived separately for at least one year with the intention of permanent separation
- Jurisdiction: The divorce may be filed in New Hanover County if either spouse resides there
Filing process:
-
Prepare required documents:
- Complaint for Absolute Divorce
- Domestic Civil Action Cover Sheet
- Vital Statistics Form
- Service documents (summons and related forms)
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File documents with the Clerk of Superior Court:
New Hanover County Courthouse
316 Princess Street
Wilmington, NC 28401
(910) 772-6600
New Hanover County Courts
-
Pay filing fees:
- Current filing fee: Approximately $225
- Additional service fees may apply
- Fee waiver available for qualifying low-income individuals
-
Serve divorce papers on spouse:
- Sheriff's service
- Certified mail with return receipt
- Acceptance of service by spouse
- Publication (in limited circumstances)
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Wait for response period:
- Spouse has 30 days to file an answer (35 if served by certified mail)
- If no response, case may proceed as uncontested
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Schedule and attend hearing:
- Request hearing date from court calendar
- Prepare testimony regarding separation period
- Bring witness (if required) to corroborate testimony
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Receive judgment:
- Judge signs Judgment for Absolute Divorce
- Clerk processes and files judgment
- Certified copies available for official purposes
Additional considerations:
- Property division, alimony, child custody, and support are separate legal issues that may be addressed before, during, or after the divorce
- Consultation with a family law attorney is recommended, particularly for cases involving children or significant assets
- Legal Aid of North Carolina may provide assistance to qualifying low-income individuals
The divorce process in New Hanover County typically takes a minimum of 45-60 days after filing, assuming all procedural requirements are met and no complications arise.
How To Get Divorce Papers In New Hanover County
Individuals seeking to initiate divorce proceedings in New Hanover County have several options for obtaining the necessary legal forms. The required documents, commonly referred to as "divorce papers," include multiple forms that must be completed accurately to properly commence the divorce process.
Methods for obtaining divorce papers:
- In-person at the courthouse:
New Hanover County Courthouse
316 Princess Street
Wilmington, NC 28401
(910) 772-6600
New Hanover County Courts
- Visit the Clerk of Superior Court's office during business hours
- Request divorce packet from civil division staff
- Basic forms are provided at minimal or no cost
- Staff cannot provide legal advice but can answer procedural questions
- Online resources:
- North Carolina Judicial Branch website provides downloadable forms
- Forms available include:
- Complaint for Absolute Divorce
- Domestic Civil Action Cover Sheet
- Vital Statistics Form
- Summons
- Certificate of Service
- Judgment for Absolute Divorce
- Legal assistance programs:
- New Hanover County Bar Association Lawyer Referral Service
- Legal Aid of North Carolina - Wilmington Office
- Self-Help Center at the courthouse (if available)
- Law school legal clinics
- Private attorneys:
- Family law attorneys can prepare customized divorce documents
- Initial consultations often available at reduced rates
- Full representation or limited-scope assistance options
Required information for completing divorce papers:
- Full legal names of both spouses
- Date and location of marriage
- Date of separation
- Names and birth dates of minor children (if any)
- Addresses of both parties
- Grounds for divorce (typically one-year separation in North Carolina)
- Specific requests regarding name changes
After obtaining and completing the necessary forms, they must be filed with the Clerk of Superior Court and properly served on the other spouse according to North Carolina Rules of Civil Procedure. Filing fees apply, though fee waivers are available for qualifying individuals with financial hardship.
Lookup Divorce Records in New Hanover County
New Hanover County Court Records