Durham County Courthouse
| 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 Rules | Durham County Local Rules and Forms |
The Durham County Courthouse has many rules and forms that are specific to that courthouse. The family court is located on the sixth floor. The clerk's office as at the end of a long hallway.
Local Forms
These are some of the most common forms that are unique to the Durham courthouse
- Pleadings: When filing a new custody, a "Notice To Attend Orientation & Parenting Apart Class" (DUR-DOM-06) is required. 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 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.[1]
- Alimony: An Employer Wage Affidavit (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
- Equitable Distribution: Inventory Affidavit (Form DUR-DOM 10) and Certification of Initial Disclosures (Form DUR-DOM 12) due before the status conference[2] and within 90 days of filing a lawsuit.[3] 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.[4]
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.
Divorce
The Durham County Courthouse does not comply with the divorce by clerk statute.[5] 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.[6]
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.[7] Up to five affidavits, which must be served one week before the hearing.[7]
- A1 Calendar = Priority
- A2 Calendar = Brief matters
- B Calendar = Backup to an A1 hearing
Contempt
- Motion For Order To Show Cause And Motion For Contempt (Form DUR-DOM-32)
- Order To Appear And Show Cause (Form DUR-DOM-33)
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
- ↑ Local Rule 12.2
- ↑ Local Rule 11.2
- ↑ Local Rule 13.1
- ↑ Local Rule 13.3
- ↑ See §50-10(e)
- ↑ Local Rule 6.1
- ↑ 7.0 7.1 Local Rule 5.2