North Carolina District Court for Family Cases
How NC District Court works for divorce, custody, support, domestic violence, and property division. Learn the court structure, filing steps, deadlines, calendars, evidence basics, mediation, temporary orders, and enforcement.
In this guide
- District Court overview
- What family cases District Court handles
- Filing and service
- Deadlines and local rules
- Calendars, conferences, and hearings
- Mediation programs
- Temporary orders and emergency relief
- Discovery and disclosures
- Evidence basics
- Orders, enforcement, and contempt
- Appeals from District Court
- If you are self represented
- Quick glossary
- Related guides
District Court overview
North Carolina District Court is the trial court that hears most family law matters. Many counties operate a dedicated Family Court within District Court to coordinate scheduling, mediation, and case management. Judges hear evidence, apply statutes and case law, and enter orders that control custody, support, property division, and protective relief.
For a primer on each topic, see Child Custody, Child Support, Equitable Distribution, Alimony, Mediation, Separation Agreements, and Domestic Violence Protective Orders (50B).
What family cases District Court handles
Absolute Divorce
One year separation and residency required. Property and alimony claims must be filed before the divorce is granted.
Child Custody
Legal and physical custody based on best interest. See NC Child Custody.
Child Support
Guideline worksheets, income, health insurance, and childcare. See NC Child Support.
Equitable Distribution
Classify, value, and divide marital assets and debts. See Equitable Distribution.
Post Separation Support and Alimony
Need and ability to pay. See NC Alimony.
Domestic Violence (50B)
Ex parte and final DVPOs with no contact, housing, custody, and firearm terms. See 50B Guide.
Filing and service
- Venue and case type. File in the proper county and choose the correct action: custody, support, equitable distribution, alimony, or divorce.
- Pleadings. Draft the complaint with clear facts and claims. Attach exhibits where helpful.
- Summons and cover sheets. Complete required forms from the clerk.
- Service of process. Sheriff service or other approved method. Keep proof of service for the file.
- Answer and counterclaims. The defendant usually has 30 days after service to respond. One 30 day extension is common.
Just served? Start here: Served with Divorce Papers in NC.
Deadlines and local rules
Track response deadlines, discovery timelines, mediation dates, pretrial disclosures, and calendar request cutoffs. Many District Courts publish local rules that control filing windows, mediation steps, and case management. Get a copy from the clerk or the county website and follow it closely.
Calendars, conferences, and hearings
- Case management. Some counties assign a family court case coordinator who tracks mediation and hearing readiness.
- Temporary hearings. Short evidentiary hearings for schedule tweaks, temporary support, or possession of the residence.
- Final hearings and trials. Longer blocks of time for custody trials, equitable distribution, and alimony evidence.
- Calendar requests. File on time using the county’s process. Confirm your setting in advance.
Mediation programs
Most counties require custody mediation before a trial. Property cases may use mediated settlement conferences. Mediation can narrow disputes and create enforceable agreements. Learn practical tips in Mediation in NC Family Cases.
Temporary orders and emergency relief
Temporary orders give short term structure while the case moves forward. Examples include a temporary parenting plan, temporary child support, post separation support, exclusive possession of the residence, or exchange rules. For safety issues, review 50B protective orders.
Discovery and disclosures
Use document requests, interrogatories, subpoenas, and depositions to gather facts. Typical records include tax returns, pay stubs, bank and credit lines, retirement, brokerage, mortgage, deeds, insurance, and childcare costs. Good records help in equitable distribution, child support, and alimony.
Evidence basics
- Bring printed exhibits with copies for the judge and the other side.
- Lay a simple foundation for photos, messages, and records.
- Use summaries for long account histories and provide the source data on request.
- Witnesses should be specific on dates, locations, and what they saw or heard.
- Keep testimony focused on the issues before the court.
Orders, enforcement, and contempt
After the judge rules, the order controls the parties. If someone will not comply, the court can enforce through contempt, wage withholding for support, or specific directives tied to property division. Keep a clean record of payments, exchanges, and communications.
Appeals from District Court
Final orders can be appealed to a higher court. Appeals focus on law and procedure rather than new evidence. Deadlines are strict, so speak with counsel early if you plan to appeal. Some interim rulings require special permission to appeal.
If you are self represented
Use county forms and follow local rules. Be on time, dress for court, and bring organized exhibits. Consider a consult to review your pleadings and plan. Many lawyers offer limited scope help for preparation or a single hearing.
Quick glossary
- Venue. The county where the case is filed.
- Service. Official delivery of court papers to the other side.
- Temporary order. Short term order while the case is pending.
- Final order. Order that resolves an issue until modified or appealed.
- Contempt. Court enforcement for disobeying an order.
- Mediation. Neutral process to settle disputes before trial.
Talk with a North Carolina family lawyer
Compare local attorneys by city or county. Profiles show family court experience, custody work, support, property division, and protective order practice.