Buncombe County Divorce Records are official court documents that detail the legal end of a marriage within Buncombe County, North Carolina. These records include the original divorce petition, final judgment or decree, property settlement agreements, child custody arrangements, and support orders. Every file is organized by case number, names of both spouses, and the date the case was filed. The Buncombe County Clerk of Superior Court maintains these records at 60 Court Plaza, Asheville, NC 28801. Anyone can view them during business hours, and certified copies cost $24 each. Electronic PDF versions are available upon request when a completed form is submitted with proper identification.
Where to Find Buncombe County Divorce Records
Divorce records in Buncombe County are stored in multiple offices depending on the year and type of document. The primary location is the Clerk of Superior Court at 60 Court Plaza. This office holds all divorce cases from 1910 to the present. For older records, researchers must check other sources. The Asheville City Clerk keeps municipal marriage licenses issued before 1975. Madison County Clerk holds some early 20th-century divorce decrees. Historical records from 1830 to 1924 are digitized and free to view on FamilySearch. Records from 1938 to 1970 are available through the North Carolina State Archives. Each office has its own rules for access, fees, and required forms.
Current Records (1910–Present)
The Buncombe County Clerk of Superior Court manages all modern divorce filings. This includes absolute divorces, property divisions, and child-related orders. To request a record, visit the civil division office or submit a written request by mail. You must provide the full names of both spouses, approximate filing year, and case number if known. A valid photo ID is required for in-person visits. Certified copies cost $24 per document. Electronic copies are sent as PDFs after form submission.
Historical Records (1830–1924)
FamilySearch.org hosts free digital images of Buncombe County divorce records from 1830 to 1924. These include handwritten petitions, court rulings, and settlement details. Each record is indexed by spouse names and case numbers. Users need a free FamilySearch account to view the scans. The catalog entry provides citation information for academic use. No fee is charged, and downloads are allowed for personal research.
State Archive Records (1938–1970)
The North Carolina State Archives holds high-resolution images of divorce dockets from 1938 to 1970. These files show the petitioner’s signature, final judgment, and any property clauses. Access is online through the State Archives portal. Researchers can request printed copies for a $15 processing fee. All entries include reference numbers for proper citation.
How to Request Certified Divorce Decrees
Certified copies of a divorce decree are only released to immediate family members or authorized agents. Immediate family includes parents, children, siblings, grandparents, and legal guardians. An authorized agent must present a notarized power of attorney. Requests require a signed form, valid photo ID, and payment. Fees vary by office: $24 at the Clerk of Court, $15 for printed archives, and $10–$30 at other locations. Processing takes 5–10 business days. Mail requests should include a check payable to the correct office and a self-addressed stamped envelope.
In-Person Requests
Visit the Clerk of Superior Court at 60 Court Plaza, Asheville, NC 28801. Office hours are Monday through Friday, 8 a.m. to 4:30 p.m. Bring a government-issued photo ID and exact case details if possible. Staff will locate the record and prepare certified copies on-site. Payment is accepted in cash, check, or money order. Same-day service is available for most requests.
Mail-In Requests
Send a completed request form, copy of ID, and payment to the Clerk of Superior Court, P.O. Box 2968, Asheville, NC 28802. Include the names of both spouses, filing year, and case number. Make checks payable to “Buncombe County Clerk of Superior Court.” Processing takes 7–10 business days. For faster service, call (828) 259-3400 to confirm receipt.
Online Access
Some records are searchable through third-party sites like CountyOffice.org and StateRecords.org. These platforms offer summaries for free but charge $22–$24 for certified copies. The North Carolina DHHS also provides an online index for divorces from 1958 onward. Users can search by name, case number, or date. Full documents require a formal request.
Filing Fees and Service Costs
The statutory fee to file for an absolute divorce in Buncombe County is $225. This goes to the Clerk of Superior Court. An additional $30 service charge is paid to the Sheriff’s Office to deliver the summons to the other spouse. These fees are non-refundable and must be paid upfront. Pro se petitioners can download forms from the clerk’s website or pick up printed packets at the civil division office. Name-change forms are also available after divorce finalization.
| Service | Fee | Payable To |
|---|---|---|
| Absolute Divorce Filing | $225.00 | Clerk of Superior Court |
| Summons Service | $30.00 | Buncombe County Sheriff |
| Certified Copy | $24.00 | Clerk of Superior Court |
| Transcript of Judgment | $10.00 | Clerk of Superior Court |
| Printed Archive Copy | $15.00 | NC State Archives |
Eligibility and Privacy Rules
North Carolina law restricts who can obtain certified divorce records. Only immediate family or authorized agents with notarized proof may receive them. This protects personal information from misuse. Researchers can view uncertified summaries online or in person without restriction. However, certified copies used for legal purposes require identity verification. Minors cannot request records unless represented by a parent or guardian. All requests are logged for security.
Who Can Request?
- Spouses named in the divorce
- Parents or legal guardians of a party
- Adult children of a party
- Siblings with proof of relationship
- Attorneys with signed authorization
- Government agencies with valid cause
Required Documents
- Completed request form
- Government-issued photo ID
- Proof of relationship (birth certificate, marriage license)
- Notarized power of attorney (if applicable)
- Payment in accepted form
Marriage Records and Related Services
Buncombe County also maintains marriage records, which are often requested alongside divorce files. Certified marriage certificates cost $20 and are available from the Register of Deeds at 205 College Street. Death certificates cost $25. All vital records follow the same eligibility rules as divorce decrees. The Register of Deeds operates from 8 a.m. to 4:30 p.m., Monday through Friday. Phone inquiries can be made to (828) 250-4300.
Marriage License History
Marriage licenses before 1975 were issued by the Asheville City Clerk at 70 Court Plaza. These are separate from state-level records and may contain unique details. Researchers should contact this office directly at (828) 259-5601. For licenses after 1975, use the Register of Deeds.
Common Questions About Access
Many people assume divorce records are fully public, but North Carolina limits certified copies to protect privacy. Others believe online searches provide full documents, but most sites only show summaries. Some think fees are negotiable, but all charges are fixed by statute. It’s also mistaken that records are destroyed after a certain time—Buncombe County preserves them indefinitely, with older files digitized for preservation.
Tips for Researchers and Legal Professionals
Start with the Clerk of Superior Court for recent cases. Use FamilySearch for 19th-century records. Check the State Archives for mid-20th-century files. Always bring ID and exact names when visiting in person. For genealogy, cite records using the case number and court name. Lawyers should request certified copies early to avoid trial delays. Keep receipts for reimbursement claims.
Contact Information and Office Hours
Buncombe County Clerk of Superior Court
60 Court Plaza, Asheville, NC 28801
Phone: (828) 259-3400
Hours: Monday–Friday, 8 a.m.–4:30 p.m.
Website: https://www.buncombecounty.org/governing/depts/clerk-of-superior-court/civil.aspx
Register of Deeds
205 College Street, Asheville, NC 28801
Phone: (828) 250-4300
Hours: Monday–Friday, 8 a.m.–4:30 p.m.
Website: https://www.buncombecounty.org/Governing/Depts/register-of-deeds/vital-records/default.aspx
Asheville City Clerk
70 Court Plaza, Asheville, NC 28801
Phone: (828) 259-5601
Hours: Monday–Friday, 8 a.m.–5 p.m.
Frequently Asked Questions
People often have specific questions about accessing, using, and understanding Buncombe County divorce records. Below are detailed answers to the most common concerns, based on current North Carolina law and county procedures.
Can I get a divorce record if I’m not listed on it?
No, only immediate family members or authorized agents with notarized permission can obtain certified copies. This includes parents, children, siblings, grandparents, and legal guardians. If you are not directly related, you must provide a notarized power of attorney from someone who is eligible. The purpose is to protect sensitive personal information. Researchers can still view uncertified summaries in person or online, but these cannot be used for legal purposes like remarriage or immigration.
How long does it take to receive a certified divorce decree?
Processing time is typically 5 to 10 business days for mail requests. In-person visits often allow same-day service if the record is on file and all documents are in order. Rush services are not officially offered, but calling ahead to confirm availability can speed up the process. During peak periods like tax season or holidays, delays may occur. Always include a self-addressed stamped envelope for mail returns.
Are divorce records from the 1800s still available?
Yes, records from 1830 to 1924 are fully digitized and free to access on FamilySearch.org. These include original handwritten petitions, court orders, and settlement agreements. Each file is indexed by spouse names and case numbers. No fee is required, and downloads are permitted for personal use. For academic citation, use the reference number provided in the catalog entry. These records are invaluable for genealogists and historians studying Western North Carolina.
Why do I need a certified copy instead of a regular printout?
Certified copies carry an official seal and signature from the court, making them legally valid for government agencies, banks, and employers. Regular printouts or online summaries lack this authentication and are not accepted for legal matters such as remarriage, name changes, or Social Security updates. Only certified documents prove the divorce was finalized under North Carolina law.
What if the other spouse’s name is misspelled on the record?
Contact the Clerk of Superior Court immediately to report the error. Provide proof of the correct spelling, such as a birth certificate or marriage license. The court may issue a corrected decree if the mistake is confirmed. This process can take several weeks and may require a minor court hearing. Keep copies of all communication for your records.
Can I change my name back after divorce using these records?
Yes, the divorce decree itself can include a name restoration order. If it does, you can use the certified copy to update your driver’s license, Social Security card, and bank accounts. If not, you must file a separate name-change petition with the Clerk of Court. Forms are available at the civil division office or online. There is no additional fee if done during the divorce process.
Are there free ways to search for divorce records?
Yes, several free options exist. FamilySearch.org offers full access to historical records from 1830–1924. The North Carolina DHHS provides an online index for divorces from 1958 onward, showing names, dates, and case numbers. CountyOffice.org and StateRecords.org display basic details for free, though certified copies require payment. In-person viewing at the Clerk’s office is also free, though copies cost money.