Difference between revisions of "Wake County Courthouse"

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* The morning of the hearing, you'll need to attend a "Calendar Call" at 9:00 a.m. in the assigned courtroom. This is where the court makes sure everyone is there and the hearing is ready to proceed.
* The morning of the hearing, you'll need to attend a "Calendar Call" at 9:00 a.m. in the assigned courtroom. This is where the court makes sure everyone is there and the hearing is ready to proceed.


At an interim hearing, each spouse must provide any initial affidavits 10 days before the hearings, or 5 days for an affidavit that is in response to the other spouse's affidavit.<ref>[https://www.nccourts.gov/assets/documents/local-rules-forms/10th%20Judicial%20District%20Family%20Court%20Rules%20For%20Domestic%20Court%20(CURRENT%209-1-2013)%20OCR.pdf Local Rule 6.3(b)]</ref>
At an interim hearing, each spouse must provide any initial affidavits 10 days before the hearings, or 5 days for an affidavit that is in response to the other spouse's affidavit.<ref>[https://www.nccourts.gov/assets/documents/local-rules-forms/10th%20Judicial%20District%20Family%20Court%20Rules%20For%20Domestic%20Court%20(CURRENT%209-1-2013)%20OCR.pdf Local Rule 6.3(b)]</ref> A few other scheduling-related forms you may need include:  
 
* '''Scheduling and Discovery''': A Scheduling and Discovery Order ([https://www.nccourts.gov/documents/local-rules-and-forms/wake-dom-09-scheduling-and-discovery-order-equitable-distribution-rev-913-word Form WAKE-DOM-09]) is usually signed at the Status Conference. This is where the spouses agree on deadlines for providing evidence, disclosing expert witnesses, and other matters.
A few other scheduling-related forms you may need include:  
* '''Pretrial''': An "Initial Pretrial Order (Equitable Distribution)" (Form [https://www.nccourts.gov/assets/documents/local-rules-forms/778.doc WAKE-DOM-18]) is usually signed later in the process, but before trial, agreeing on what issues remain in dispute and other matters.
* Scheduling and Discovery: A Scheduling and Discovery Order ([https://www.nccourts.gov/documents/local-rules-and-forms/wake-dom-09-scheduling-and-discovery-order-equitable-distribution-rev-913-word Form WAKE-DOM-09]) is usually signed at the Status Conference. This is where the spouses agree on deadlines for providing evidence, disclosing expert witnesses, and other matters.
* '''Continuance''': A "Motion to Continue" ([https://www.nccourts.gov/assets/documents/local-rules-forms/1396.doc Form WAKE-DOM-20A]) is used to request a hearing be rescheduled for another date.
* Pretrial: An "Initial Pretrial Order (Equitable Distribution)" (Form [https://www.nccourts.gov/assets/documents/local-rules-forms/778.doc WAKE-DOM-18]) is usually signed later in the process, but before trial, agreeing on what issues remain in dispute and other matters.
*Continuance: A "Motion to Continue" ([https://www.nccourts.gov/assets/documents/local-rules-forms/1396.doc Form WAKE-DOM-20A]) is used to request a hearing be rescheduled for another date.


==Divorce==
==Divorce==

Revision as of 14:27, 14 December 2022

Wake County Courthouse
Address:Attn: Civil Court Clerk

PO Box 351

Raleigh, NC 27602
Divorce by Clerk?Yes, this county complies with the divorce by clerk statute 50-10(e)
Local RulesWake County Family Court Rules

The Wake County Courthouse may be where your divorce disputes are litigated if at least one of the spouses live in Wake County.[1] Like most North Carolina courts, the Wake courthouse has a lot of rules, deadlines, forms, and procedures that are specific to that courthouse. This courthouse's local rules and forms can be found here. However, most spouses will not need to use all 100+ forms or need to read all 57 pages of the family court's rules. This wiki will summarize the rules and forms that are applicable to a large number of cases.

Directions

Parking is a couple blocks away from the courthouse at 216 W. Cabarrus Street. From there, you'll need to walk to the courthouse at 316 Fayetteville St, Raleigh, NC 27601. Make sure you enter the civil courthouse, not the "Justice Center" across the street. The justice center is for criminal court. The clerk's office is on the first floor of the civil courthouse on the right-hand side as you enter from the Fayetteville Street entrance. However, if you're coming from the parking structure, you will likely enter from the S. Salisbury entrance. From there, you'll need to take the elevator up one floor and the clerk's office will be on the left, just before the exit.

Forms

Each courthouse has a variety of forms they ask litigants to use that are specific to that courthouse. This wiki will summarize the most important and common ones.

Financial Disclosures

When any financial claims are made (equitable distribution, child support, alimony, etc.) the court will require certain financial records be disclosed by both spouses. However, the exact disclosures required and the forms used vary from one court to the next.

Child/Spousal Support

  • A blank "Financial Affidavit" (Form WAKE-DOM-10) and a completed "Notice of Financial Information Required" (WAKE-DOM-11) needs to be served on the other spouse.
  • The party that first asserts a support claim must provide a "Financial Affidavit" (Form WAKE-DOM-10) within 30 days. The other spouse must provide their financial affidavit within 45 days of being served the claim, or 15 days before a hearing date, whichever comes first.
  • A "Certification of Initial Disclosures" (Form 17A) is due within 15 days by the party claiming support and within 25 days by the other spouse[3]

The following financial records must be shared:[4]

  • 2 years of tax returns
  • 3 months of pay stubs
  • Documentation for each line of the child support worksheet if applicable
  • Documentation related to current stock or stock options
  • Check the local rules for more information if one spouse is self-employed or a spouse is seeking an exception to the general formula used to calculate child support.

Equitable Distribution

Within 90 days of filing an Equitable Distribution claim or within 30 days of receiving disclosures from the other spouse, the following is due:

  • The Inventory Affidavit: An "Equitable Distribution Inventory Affidavit" (Form WAKE-DOM-19) is where you list all of your assets, debts, and their values.
  • Documents reflecting the value of each line-item on the Inventory Affidavit as of the date of separation and currently.
  • Real Estate: A Deed of Trust for any mortgages and mortgage statements showing the principal balance as of the date of separation and currently.
  • Certification: A "Certification of Initial Disclosures (Form WAKE-DOM 17B) is where you promise that you provided the necessary financial records.

Scheduling

Scheduling a Hearing

Some hearings are scheduled by the court automatically in an Affidavit of Judicial Assignment. Other hearings need to be scheduled as follows:

  • File a motion or pleadings requesting the court do something
  • Check your judge's availability on the Wake County Family Court Calendar website.
  • Email your judge's assistant to request a date to get penciled in
  • Check with the other spouse or their attorney to see if they are available on that day
  • Complete a Calendar Request (Form Wake-DOM-04) and Notice of Hearing (Form Wake-DOM-01).
  • Submit the above paperwork to the court and mail a copy to your spouse or their attorney.
  • The morning of the hearing, you'll need to attend a "Calendar Call" at 9:00 a.m. in the assigned courtroom. This is where the court makes sure everyone is there and the hearing is ready to proceed.

At an interim hearing, each spouse must provide any initial affidavits 10 days before the hearings, or 5 days for an affidavit that is in response to the other spouse's affidavit.[5] A few other scheduling-related forms you may need include:

  • Scheduling and Discovery: A Scheduling and Discovery Order (Form WAKE-DOM-09) is usually signed at the Status Conference. This is where the spouses agree on deadlines for providing evidence, disclosing expert witnesses, and other matters.
  • Pretrial: An "Initial Pretrial Order (Equitable Distribution)" (Form WAKE-DOM-18) is usually signed later in the process, but before trial, agreeing on what issues remain in dispute and other matters.
  • Continuance: A "Motion to Continue" (Form WAKE-DOM-20A) is used to request a hearing be rescheduled for another date.

Divorce

The Wake County Courthouse complies with § 50-10(e) in allowing divorce by clerk for simple, uncontested cases. When a divorce is done before a judge, it is scheduled on Fridays in courtroom 2b at 9:00 a.m. for divorces done by an attorney and starting at 10:00 a.m. for pro se divorces.

Contact an Attorney

This wiki is provided by North Carolina divorce lawyer David King and his firm King @ Law. You can learn more about King @ Law at www.kinglawnc.com. If you are looking to hire an attorney, have questions, or would like to contribute to this wiki, you can contact attorney King using any of the following methods:

References

  1. ↑ § 50-3
  2. ↑ Local Rule 8.2
  3. ↑ Local Rule 10.1(a)
  4. ↑ Local Rule 10.2(a)
  5. ↑ Local Rule 6.3(b)
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