Difference between revisions of "Wake County Courthouse"
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* Calendar Requests: calendarrequestswake@nccourts.org | * Calendar Requests: calendarrequestswake@nccourts.org | ||
* Proposed Orders: Wake.Civil.Superior.Orders@nccourts.org | * Proposed Orders: Wake.Civil.Superior.Orders@nccourts.org | ||
==WebEx== | |||
* 2A: 126 039 8888 | |||
==Links== | ==Links== | ||
Revision as of 07:43, 23 May 2023
| Wake County Courthouse | |
| Address: | Attn: Civil Court Clerk PO Box 351 |
| 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
- ↑ § 50-3
- ↑ Local Rule 8.2
- ↑ Local Rule 10.1(a)
- ↑ Local Rule 10.2(a)
- ↑ Local Rule 6.3(b)
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
WebEx
- 2A: 126 039 8888