Family Case Process in North Carolina

Where Family Matters Go to Court in North Carolina

North Carolina’s court system is divided into three divisions: District Court, Superior Court, and the Appellate Division. While Johnston and Harnett counties rely on their District Courts for family matters, Wake County operates a dedicated Family Court for domestic issues.

Johnston & Harnett County

Johnston and Harnett counties fall under the same Judicial District (District 12) and follow similar rules. Family cases such as divorce, child custody, alimony, adoption, and paternity are handled within the civil division of the District Court. Each family matter is assigned to a district court judge, though various aspects of your case may be heard by different judges. For example, a judge hearing a child custody matter may not be the same judge deciding property division.

Wake County

Wake County, part of the 10th Judicial District, differs significantly by offering a dedicated Family Court for domestic matters. This system is designed to streamline family cases by assigning one judge to oversee all aspects of a family’s legal matters, providing consistency throughout the process. Wake Family Court addresses a variety of issues, including:

• Divorce
• Custody and visitation
• Child and spousal support
• Equitable property distribution
• Domestic violence cases
• Termination of parental rights

Key Differences in Family Court Processes

Variables in Filing and Procedures

In all three counties, family law matters begin with filing initial paperwork at the local courthouse and paying a filing fee. However, the specific procedures vary:

Wake County: A single judge handles your family’s matters, offering continuity and familiarity throughout your case.

Johnston & Harnett Counties: The same district court rules govern both counties, but minor procedural differences may arise based on your case.

Wake County: Family law filings adhere to distinct rules unique to Wake Family Court, where dedicated staff and coordinators facilitate the process.

Johnston & Harnett Counties: Mediation or arbitration may be required, particularly in child custody or property division disputes during divorce.

Wake County: Mediation is almost always required for custody and financial disputes. Additionally, parenting coordinators may be assigned to assist with contentious custody issues.

Johnston & Harnett Counties: Your case may involve multiple judges for different issues.