Difference between revisions of "Wake County Courthouse"

Latest revision as of 10:25, 10 August 2023

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 Rules	Wake County Family Court Rules

The Wake County Courthouse may be where your divorce disputes are litigated if at least one spouse lives 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. You can find many of these in the court's local rules. However, most spouses will find the court's 100+ forms and 57 pages of rules confusing. This wiki provides a summary.

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. However, if you enter from the Fayetteville Street entrance, the first floor is one story up.

Wake County can be confusing, because there are two clerk's offices. One is specifically for family court. That is where you'll handle things like scheduling hearings, submitting court orders, and the like. The other is labeled "Superior Court Clerk" but is actually more of a general clerk. They'll handle any filings that get added to the official court record.

Local Forms

Your case will likely require a large number of documents and forms. Many of those documents are standardized forms, but many are custom-written. This section covers forms that are unique to this individual courthouse.

Pleadings

The "Affidavit of Judicial Assignment" (Form Wake-DOM-02) is required in most new lawsuits, except for simple, uncontested divorces and certain emergencies.

Custody

A Custody Mediation Cover Sheet (Form WAKE-DOM-06) and an Order to Attend Child Custody Mediation and Orientation (Form WAKE-DOM-07A) are required in all new custody cases.^[2]

Child/Spousal Support

The following documents are required for financial disclosures:

A blank Financial Affidavit (Form WAKE-DOM-10) must be served on the other spouse with your initial lawsuit papers.
Your own Financial Affidavit (Form WAKE-DOM-10) is due within 30 days. The other spouse must provide their financial affidavit 45 days after being served or 15 days before a hearing.
A Certification of Initial Disclosures (Form 17A) is due within 15 days of claiming support and within 25 days for the other spouse.^[3]

The following financial records must be shared:^[4]

2 years of tax returns
3 months of pay stubs
Documentation for any health insurance or daycare expenses
Documentation related to current stock or stock options

Check Wake County's local rules for more information on what needs to be disclosed if either spouse is self-employed or one spouse requests a special exemption from the child support guidelines.

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). This 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). This is where you promise that you provided the necessary financial records.

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.

Other Rules

Affidavits

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]

Scheduling and Pretrial

A few other scheduling-related forms you may need include:

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.
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.
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:

Schedule a Consultation
Start a Facebook Chat
Email: david@kinglawnc.com
Voicemail: 919 706 5322

References

Contacts

Court Records: Contact Wakecivilclerk.filerequest@nccourts.org to request a PDF copy of a court record

Family Court

Divorce by clerk: Dina Griffith: dina.s.griffith@nccourts.org
Divorce by judge: WakeCountyDivorce@nccourts.org

Superior Court

Superior Court Legal Briefs: Send to WakeCivSup2@nccourts.org 2 business days prior to the hearing
Calendar Requests: calendarrequestswake@nccourts.org
Proposed Orders: Wake.Civil.Superior.Orders@nccourts.org
Trial Court Assistant: Sherrod, Ciera N. <ciera.n.sherrod@nccourts.org>

Links

[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)

[1]

[2]

[3]

[4]

[5]

@@ Line 1: / Line 1: @@
 <table align="right" style="background-color:#F8F9FA; align:right; border:1px solid grey;padding:10px;width:300px;font-size:80%;margin-left:10px;">
 <tr><td style="font-size:120%; text-align:center; padding-bottom:5px;" colspan="2"><b>Wake County Courthouse</b><br></td><tr>
-<tr><td style="padding-right:10px"><b>Address</b>:</td><Td>Attn: Civil Court Clerk
+<tr><td style="padding-right:10px"><b>Address</b>:</td><Td>Attn: Civil Court Clerk<br>
-PO Box 351
+PO Box 351<br>
 Raleigh, NC 27602</td></tr>
 <tr><Td style="padding-right:10px"><b>Divorce by Clerk?</b></td><Td>Yes, this county complies with the divorce by clerk statute 50-10(e)</td></tr>
 <tr><td style="padding-right:10px"><b>Local Rules</b></td><Td>[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 Wake County Family Court Rules]</td></tr>
 </table>
-'''The Wake County Courthouse''' may be where your divorce disputes are litigated if at least one of the spouses live in Wake County.<ref>[https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_50/GS_50-3.html § 50-3]</ref> 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 [https://www.nccourts.gov/locations/wake-county/wake-county-local-rules-and-forms here]. However, most spouses will not need to use all 100+ forms or need to read all 57 pages of [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 the family court's rules]. This wiki will summarize the rules and forms that are applicable to a large number of cases.
+'''The Wake County Courthouse''' may be where your divorce disputes are litigated if at least one spouse lives in Wake County.<ref>[https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_50/GS_50-3.html § 50-3]</ref> Like most North Carolina courts, the Wake courthouse has a lot of rules, deadlines, forms, and procedures that are specific to that courthouse. You can find many of these in [https://www.nccourts.gov/locations/wake-county/wake-county-local-rules-and-forms the court's local rules]. However, most spouses will find the court's 100+ forms and 57 pages of rules confusing. This wiki provides a summary.
 ==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.
+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. However, if you enter from the Fayetteville Street entrance, the first floor is one story up.
+Wake County can be confusing, because there are two clerk's offices. One is specifically for family court. That is where you'll handle things like scheduling hearings, submitting court orders, and the like. The other is labeled "Superior Court Clerk" but is actually more of a general clerk. They'll handle any filings that get added to the official court record.
+==Local Forms==
+Your case will likely require a large number of documents and forms. Many of those documents are standardized forms, but many are custom-written. This section covers forms that are unique to this individual courthouse.
-==Pleadings Forms==
+===Pleadings===
-[[Pleadings]] refers to the court documents used at the very beginning of the lawsuit. Many documents are necessary to start the lawsuit properly. However, additionally, each courthouse has their own special forms that are required. This section summarizes some of the most important and common forms needed at the onset of the lawsuit.
+* The "[[Affidavit of Judicial Assignment]]" ([https://www.nccourts.gov/documents/local-rules-and-forms/wake-dom-02-affidavit-for-judicial-assignment-and-notice-of-hearing-fillable Form Wake-DOM-02]) is required in most new lawsuits, except for simple, uncontested divorces and certain emergencies.
-* '''[[Affidavit of Judicial Assignment|Judicial Assignment]]''': The "Affidavit of Judicial Assignment" ([https://www.nccourts.gov/documents/local-rules-and-forms/wake-dom-02-affidavit-for-judicial-assignment-and-notice-of-hearing-fillable Form Wake-DOM-02]) is required in most new lawsuits, except for simple, uncontested divorces and certain emergencies.
-* '''[[Custody]]''': When filing a new custody claim, you need to provide a "Custody Mediation Cover Sheet" ([https://www.nccourts.gov/documents/local-rules-and-forms/wake-dom-06-custody-mediation-cover-sheet-july-28-2020 Form WAKE-DOM-06]) and an "Order to Attend Child Custody Mediation and Orientation" ([https://www.nccourts.gov/assets/documents/local-rules-forms/WAKE-DOM-07A%20Temporary%209-21.pdf Form WAKE-DOM-07A]).<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 8.2]</ref>
-==Financial Disclosures==
+===Custody===
-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.
+* A [https://www.nccourts.gov/documents/local-rules-and-forms/wake-dom-06-custody-mediation-cover-sheet-july-28-2020 Custody Mediation Cover Sheet (Form WAKE-DOM-06)] and an [https://www.nccourts.gov/assets/documents/local-rules-forms/WAKE-DOM-07A%20Temporary%209-21.pdf Order to Attend Child Custody Mediation and Orientation (Form WAKE-DOM-07A)] are required in all new custody cases.<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 8.2]</ref>
 ===Child/Spousal Support===
-* A blank "Financial Affidavit" ([https://www.nccourts.gov/documents/local-rules-and-forms/wake-dom-10-financial-affidavit-of-plaintiff-defendant-rev-913 Form WAKE-DOM-10]) and a completed "Notice of Financial Information Required" ([https://www.nccourts.gov/documents/local-rules-and-forms/wake-dom-11-notice-of-financial-information-required-rev-913 WAKE-DOM-11]) needs to be served on the other spouse.
+The following documents are required for financial disclosures:
-* The party that first asserts a support claim must provide a "Financial Affidavit" ([https://www.nccourts.gov/documents/local-rules-and-forms/wake-dom-10-financial-affidavit-of-plaintiff-defendant-rev-913 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 blank [https://www.nccourts.gov/documents/local-rules-and-forms/wake-dom-10-financial-affidavit-of-plaintiff-defendant-rev-913 Financial Affidavit (Form WAKE-DOM-10)] must be served on the other spouse with your initial lawsuit papers.
-* A "Certification of Initial Disclosures" ([https://www.nccourts.gov/documents/local-rules-and-forms/wake-dom-17a-certification-of-initial-disclosures-support-rev-913 Form 17A]) is due within 15 days by the party claiming support and within 25 days by the other spouse<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 10.1(a)]</ref>
+* Your own [https://www.nccourts.gov/documents/local-rules-and-forms/wake-dom-10-financial-affidavit-of-plaintiff-defendant-rev-913 Financial Affidavit (Form WAKE-DOM-10)] is due within 30 days. The other spouse must provide their financial affidavit 45 days after being served or 15 days before a hearing.
+* A [https://www.nccourts.gov/documents/local-rules-and-forms/wake-dom-17a-certification-of-initial-disclosures-support-rev-913 Certification of Initial Disclosures (Form 17A)] is due within 15 days of claiming support and within 25 days for the other spouse.<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 10.1(a)]</ref>
 The following financial records must be shared:<ref>Local Rule 10.2(a)</ref>
 * 2 years of tax returns
 * 3 months of pay stubs
-* Documentation for each line of the child support worksheet if applicable
+* Documentation for any health insurance or daycare expenses
 * 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.
+Check Wake County's local rules for more information on what needs to be disclosed if either spouse is self-employed or one spouse requests a special exemption from the child support guidelines.
 ===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" ([https://www.nccourts.gov/documents/local-rules-and-forms/wake-dom-19-equitable-distribution-inventory-affidavit-rev-210-word Form WAKE-DOM-19]) is where you list all of your assets, debts, and their values.
+* The Inventory Affidavit: An [https://www.nccourts.gov/documents/local-rules-and-forms/wake-dom-19-equitable-distribution-inventory-affidavit-rev-210-word Equitable Distribution Inventory Affidavit ( Form WAKE-DOM-19)]. This 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 ([https://www.nccourts.gov/documents/local-rules-and-forms/wake-dom-17b-certification-of-initial-disclosures-equitable-distribution-rev-913-word Form WAKE-DOM 17B]) is where you promise that you provided the necessary financial records.
+* Certification: A [https://www.nccourts.gov/documents/local-rules-and-forms/wake-dom-17b-certification-of-initial-disclosures-equitable-distribution-rev-913-word Certification of Initial Disclosures ( Form WAKE-DOM 17B)]. This is where you promise that you provided the necessary financial records.
-==Scheduling==
+==Scheduling a Hearing==
-===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
@@ Line 47: / Line 50: @@
 * 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 ([https://www.nccourts.gov/assets/documents/local-rules-forms/WAKE-DOM-04%20Calendar%20Request%20%20(rev.%201.2021)_ff.pdf Form Wake-DOM-04]) and Notice of Hearing ([https://www.nccourts.gov/assets/documents/local-rules-forms/1346.docx Form Wake-DOM-01]).
+* Complete a [https://www.nccourts.gov/assets/documents/local-rules-forms/WAKE-DOM-04%20Calendar%20Request%20%20(rev.%201.2021)_ff.pdf Calendar Request (Form Wake-DOM-04)] and [https://www.nccourts.gov/assets/documents/local-rules-forms/1346.docx 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.<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:
+==Other Rules==
-* '''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.
+===Affidavits===
-* '''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.
+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>
-* '''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.
+===Scheduling and Pretrial===
+A few other scheduling-related forms you may need include:
+* A [https://www.nccourts.gov/documents/local-rules-and-forms/wake-dom-09-scheduling-and-discovery-order-equitable-distribution-rev-913-word 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.
+* An [https://www.nccourts.gov/assets/documents/local-rules-forms/778.doc 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.
+* 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==
@@ Line 71: / Line 79: @@
 ==Contacts==
-* Superior Court Legal Briefs: Send to WakeCivSup2@nccourts.org 2 business days prior to the hearing
 * Court Records: Contact Wakecivilclerk.filerequest@nccourts.org to request a PDF copy of a court record
+===Family Court===
 * Divorce by clerk: Dina Griffith: dina.s.griffith@nccourts.org
 * Divorce by judge: WakeCountyDivorce@nccourts.org
+===Superior Court===
+* Superior Court Legal Briefs: Send to WakeCivSup2@nccourts.org 2 business days prior to the hearing
+* Calendar Requests: calendarrequestswake@nccourts.org
+* Proposed Orders: Wake.Civil.Superior.Orders@nccourts.org
+* Trial Court Assistant: Sherrod, Ciera N. <ciera.n.sherrod@nccourts.org>
 ==Links==
-* [ https://www.nccourts.gov/locations/wake-county/wakecounty-local-administrative-schedules Superior Court Calendar]
+* [https://wcfcc.com/?fbclid=IwAR0vlTElimAHdT9AlcdNOOHAcWi4Yg5_I_A2PKT-U3MfmzQr5qseoo096vg Court Schedules]
+* [https://services.wakegov.com/realestate/ Search Real Estate Records]
+* [https://rodcrpi.wakegov.com/booksweb/genextsearch.aspx Search Deeds]
+* [https://www.nccourts.gov/locations/wake-county/wakecounty-local-administrative-schedules Superior Court Calendar]
 * [https://www.nccourts.gov/locations/wake-county/trial-court-administrators-office Trial Court Administrator's Website (Superior Court)]
 * [https://www.nccourts.gov/assets/inline-files/Wake-District-10-Civil-Court-Ops-Memo-7-14-21-Final.pdf?ytIkY29xQ_eDiHMvr13TlfVI0Suc3UxH Guide to Hearing Logistics (Superior Court)]