Difference between revisions of "Durham County Courthouse"

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<tr><td style="padding-right:10px"><b>Address</b>:</td><Td>Attn: Family Court, 6th Floor
<tr><td style="padding-right:10px"><b>Address</b>:</td><Td>Attn: Family Court, 6th Floor
510 South Dillard St.
510 South Dillard St.
Durham, NC 27701</td></tr>
Durham, NC 27701</td></tr>
<tr><Td style="padding-right:10px"><b>Divorce by Clerk?</b></td><Td>No; requires a hearing before a judge</td></tr>
<tr><Td style="padding-right:10px"><b>Divorce by Clerk?</b></td><Td>No; requires a hearing before a judge</td></tr>
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==Local Forms==
==Local Forms==
The following are the most commonly-used forms you should know about.
The following are the most commonly-used forms specific to the Durham County Courthouse you should know about before filing a lawsuit in this court:
* <b>[[Custody]]</b>: When filing a new custody, a "Notice To Attend Orientation & Parenting Apart Class" ([https://www.nccourts.gov/documents/local-rules-and-forms/dur-dom-06-notice-to-attend-orientation-parenting-apart-class-rev-121720 DUR-DOM-06]) is required. There is a blue notebook in the clerk's office to sign up for orientation.
* <b>[[Custody]]</b>: When filing a new custody claim, a "Notice To Attend Orientation & Parenting Apart Class" ([https://www.nccourts.gov/documents/local-rules-and-forms/dur-dom-06-notice-to-attend-orientation-parenting-apart-class-rev-121720 DUR-DOM-06]) is required. Also, there is a blue notebook in the clerk's office to sign up for orientation.
* <b>[[Alimony]]</b>: When filing a new alimony claim, a completed Financial Affidavit ([https://www.nccourts.gov/documents/local-rules-and-forms/dur-dom-08-financial-affidavit-rev-617 Form DUR-DOM-08]) must be filed with it and a blank copy served on the other spouse. The other spouse's Financial Affidavit is due at a status conference, pre-trial conference, or 5 days before a temporary hearing, whichever comes first. The last two years of tax returns should also be provided.<ref>[https://www.nccourts.gov/assets/documents/local-rules-forms/1503.pdf Local Rule 12.2]</ref>
* <b>[[Alimony]]</b>: When filing a new alimony claim, a completed Financial Affidavit ([https://www.nccourts.gov/documents/local-rules-and-forms/dur-dom-08-financial-affidavit-rev-617 Form DUR-DOM-08]) must be filed with the initial lawsuit documents. When completing service of process on the other spouse, a blank form must be provided for the other spouse to complete. The other spouse's Financial Affidavit is due at the status conference, pre-trial conference, or 5 days before a temporary hearing, whichever comes first. The last two years of tax returns should also be provided.<ref>[https://www.nccourts.gov/assets/documents/local-rules-forms/1503.pdf Local Rule 12.2]</ref>
* <b>Alimony</B>: An Employer Wage Affidavit ([https://www.nccourts.gov/documents/local-rules-and-forms/dur-dom-09-employer-wage-affidavit-rev-617 Form DUR-DOM-09]) is also required by both spouses. However, both employer wage affidavits are due at a status conference, pre-trial conference, or 5 days before a temporary hearing, whichever comes first
* <b>Alimony</B>: An Employer Wage Affidavit ([https://www.nccourts.gov/documents/local-rules-and-forms/dur-dom-09-employer-wage-affidavit-rev-617 Form DUR-DOM-09]) is also required by both spouses. This is a document the spouses provide to their employer to verify their wages, The employer wage affidavits from each spouse are due at a status conference, pre-trial conference, or 5 days before a temporary hearing, whichever comes first
* <b>[[Equitable Distribution]]</B>: Inventory Affidavit ([https://www.nccourts.gov/documents/local-rules-and-forms/dur-dom-10-equitable-distribution-inventory-affidavit-rev-617 Form DUR-DOM 10]) and Certification of Initial Disclosures ([https://www.nccourts.gov/documents/local-rules-and-forms/dur-dom-12-certification-of-initial-disclosures-equitable-distribution-rev-617 Form DUR-DOM 12]) due before the status conference<reF>[https://www.nccourts.gov/assets/documents/local-rules-forms/1503.pdf Local Rule 11.2]</reF> and within 90 days of filing a lawsuit.<reF>[https://www.nccourts.gov/assets/documents/local-rules-forms/1503.pdf Local Rule 13.1]</reF> This is later updated with a [https://www.nccourts.gov/documents/local-rules-and-forms/dur-dom-11-equitable-distribution-affidavit-rev-617 DUR-DOM-11] Inventory Affidavit due within 30 days of a failed mediation or settlement conference. The allegations made in DUR-DOM-11 is binding on the parties.<ref>[https://www.nccourts.gov/assets/documents/local-rules-forms/1503.pdf Local Rule 13.3]</ref>
* <b>[[Equitable Distribution]]</B>: Inventory Affidavit ([https://www.nccourts.gov/documents/local-rules-and-forms/dur-dom-10-equitable-distribution-inventory-affidavit-rev-617 Form DUR-DOM 10]) and Certification of Initial Disclosures ([https://www.nccourts.gov/documents/local-rules-and-forms/dur-dom-12-certification-of-initial-disclosures-equitable-distribution-rev-617 Form DUR-DOM 12]) due before the status conference<reF>[https://www.nccourts.gov/assets/documents/local-rules-forms/1503.pdf Local Rule 11.2]</reF> and within 90 days of filing a lawsuit.<reF>[https://www.nccourts.gov/assets/documents/local-rules-forms/1503.pdf Local Rule 13.1]</reF> This is later updated with a [https://www.nccourts.gov/documents/local-rules-and-forms/dur-dom-11-equitable-distribution-affidavit-rev-617 DUR-DOM-11] Inventory Affidavit due within 30 days of a failed mediation or settlement conference. The allegations made in DUR-DOM-11 is binding on the parties.<ref>[https://www.nccourts.gov/assets/documents/local-rules-forms/1503.pdf Local Rule 13.3]</ref>


Revision as of 11:30, 13 October 2022

Durham County Courthouse
Address:Attn: Family Court, 6th Floor

510 South Dillard St.

Durham, NC 27701
Divorce by Clerk?No; requires a hearing before a judge
Local RulesDurham County Local Rules and Forms

The Durham County Courthouse may be where your divorce disputes are litigated if at least one of the spouses live in Durham County.[1] It has a parking structure attached to it. On floor 3 of the parking structure is a ramp that leads directly to the courthouse. Once you enter the courthouse and go through security, turn left and find the elevators on the right-hand side. The family court is located on the sixth floor. The clerk's office as at the end of the hallway on that floor.

Like most North Carolina courts, the Durham 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 end up using all 37 forms or need to read all 30 pages of the family court rules. This wiki will summarize the rules and forms that are specific to the Durham County Courthouse and are applicable to a large number of cases.

Local Forms

The following are the most commonly-used forms specific to the Durham County Courthouse you should know about before filing a lawsuit in this court:

  • Custody: When filing a new custody claim, a "Notice To Attend Orientation & Parenting Apart Class" (DUR-DOM-06) is required. Also, there is a blue notebook in the clerk's office to sign up for orientation.
  • Alimony: When filing a new alimony claim, a completed Financial Affidavit (Form DUR-DOM-08) must be filed with the initial lawsuit documents. When completing service of process on the other spouse, a blank form must be provided for the other spouse to complete. The other spouse's Financial Affidavit is due at the status conference, pre-trial conference, or 5 days before a temporary hearing, whichever comes first. The last two years of tax returns should also be provided.[2]
  • Alimony: An Employer Wage Affidavit (Form DUR-DOM-09) is also required by both spouses. This is a document the spouses provide to their employer to verify their wages, The employer wage affidavits from each spouse are due at a status conference, pre-trial conference, or 5 days before a temporary hearing, whichever comes first
  • Equitable Distribution: Inventory Affidavit (Form DUR-DOM 10) and Certification of Initial Disclosures (Form DUR-DOM 12) due before the status conference[3] and within 90 days of filing a lawsuit.[4] This is later updated with a DUR-DOM-11 Inventory Affidavit due within 30 days of a failed mediation or settlement conference. The allegations made in DUR-DOM-11 is binding on the parties.[5]

Equitable Distribution Disclosures

These are the financial records that must be shared automatically pursuant to Local Rule 13.2

  • Real Estate: Any appraisals or any deed documents related to a mortgage.
  • Vehicles: A copy of the title and any applicable loan documents
  • Accounts: Statements covering three months before the date of separation up to the date of the status conference. This includes 401ks, brokerage accounts, pensions, IRAs, debt, etc.
  • A Credit Report: This can be obtained through www.annualcreditreport.com or through your bank.

Status Conference

At a status conference

At a pre-trial conference:

  • Form DUR-DOM-16 for custody, DUR-DOM-17 for alimony, child support, and equitable distribution.
  • Upon request the court will address discovery issues and set a date for trial

Continuances

Divorce

The Durham County Courthouse does not comply with the divorce by clerk statute.[6] All divorce decrees require a hearing before a judge. As a result, an Affidavit of Judicial Assignment (DUR-DOM-01) is required even in simple, uncontested divorces.[7]

Hearings

Scheduling a hearing requires (a) a motion, (b) Calendar Request and Notice of Hearing (Form DUR-DOM-02), (c) a Certificate of Service, and (d) an attempt to collaborate on the hearing date. Interim hearings are restricted to one hour per issue.[8] Up to five affidavits, which must be served one week before the hearing.[8]

  • A1 Calendar = Priority
  • A2 Calendar = Brief matters
  • B Calendar = Backup to an A1 hearing

Orders: served on opposing spouse within 15 days of hearing and 7 days to respond Form DUR-DOM-21 cover sheet

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 12.2
  3. ↑ Local Rule 11.2
  4. ↑ Local Rule 13.1
  5. ↑ Local Rule 13.3
  6. ↑ See §50-10(e)
  7. ↑ Local Rule 6.1
  8. ↑ 8.0 8.1 Local Rule 5.2
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