Civil Division Contact Information

  1. How do I contact the CIVIL DIVISION – Filing(s) & Records Departments, where are the Civil Departments located and what hours are they open?
  1. What types of cases are civil cases?
  1. The Civil Division – Filing(s) Department can be reached by dialing 336-779-6303 and the Civil Division – Records Department can be reached by dialing 336-779-6308. Both are located on the second floor, rooms 243 & 245 of the Forsyth County Hall of Justice, 200 North Main Street, Winston-Salem. The departments are open Monday through Friday, 8:00 a.m. till 5:00 p.m. except for holidays.
  1. There are many types of civil cases. The most common civil cases are:

    • Domestic

    • Divorce

    • Child Support

    • Custody and Visitation

    • Division of Marital Property

    • Contracts

      • Complaint In Summary Ejectment (AOC-CVM-201)

        • Writ Of Possession (AOC-CV-401)

        • Writ Of Possession of Real Property When Judgment more than 30 days old (AOC-CV-412)



      • Complaint for Money Owed (AOC-CVM-200)

        • Notice of Right To Have Exemptions Designated (AOC-CV-406)

        • Motion to Claim Exempt Property (Statutory Exemptions) (AOC-CV-415)



      • Complaint To Recover Possession of Personal Property (AOC-CVM-202)

      • Notice of Appeal to District Court (AOC-CVM-303)

      • Notice of Voluntary Dismissal (AOC-CV-405)

      • Report of Foreclosure Sale/Resale (AOC-SP-400)

      • General Civil Action Cover Sheet (AOC-CV-751)

      • Domestic Civil Action Cover Sheet (AOC-CV-750)


      AOC forms can be retrieved by going to the North Carolina Administrative Office of the Courts web site www.nccourts.gov/documents/forms and entering the appropriate form number.

      For a list of Civil forms, click here.
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Divorce

  1. I just recently separated from my spouse, when can I get a divorce?
  1. Does the Forsyth County Clerk’s Office have the forms I need to file my own divorce?
  1. I just recently got a divorce, what do I need to do to change my name?
  1. What is the fee for filing for Divorce?
  1. How do I obtain a copy of my separation agreement?
  1. Most divorces can occur after the parties have been separated and lived apart for one year.
    Yes. A packet has been assembled for your assistance.
PRO SE (SELF-HELP) DIVORCE INFORMATION

IMPORTANT-PLEASE READ CAREFULLY
This information packet DOES NOT cover; child support, custody, distribution of property, or spousal support. Recognizing the legal system can be very complicated and confusing, this packet is designed to assist an individual who is not represented by an attorney (“Pro Se”) by providing information and sample forms to be used to obtain an absolute divorce.
If you obtain an Absolute Divorce without first properly filing for, or obtaining any legal rights you may have for spousal support, (lawsuits known as post separation support and alimony), or for the division of marital property, including martial debt, (a lawsuit known as equitable distribution), YOU WILL LOSE THESE RIGHTS. Therefore, it is VERY IMPORTANT that if you have any questions about whether you are entitled to property (or division of martial debt) from the marriage and or spousal support, YOU MUST TALK TO AN ATTORNEY, or your legal rights may be LOST FOREVER.

NO ONE EXCEPT AN ATTORNEY
CAN ADVISE YOU ABOUT YOUR LEGAL RIGHTS

Because it is the nature of laws, which can change at any time, the forms and information in this packet may become outdated, without notice. The 21st District Clerk of Court, Clerk of Court Staff, or anyone else contributing to the production or dissemination of these forms, instructions or guidelines WILL NOT BE LIABLE for any indirect or consequential damages resulting from your use of the forms or information provided in this packet.
You are responsible to make certain that the information and instructions in this sample packet are appropriate for your situation. You should review and research applicable laws, rules and civil procedures, and cases that apply to your type of situation. If you are not able to do so, you should speak with an attorney.
If you wish to represent yourself (“Pro Se”), you should read and understand all the information in this sample packet. READ ALL THE INSTRUCTIONS carefully and understand the process before completing any of the forms.
You or your spouse must be a resident of Forsyth County to file for divorce in Forsyth County. You cannot start the process to get an Absolute Divorce until you and your spouse have been separated for at least one year and one day.
These sample documents have been assembled for your convenience in preparing your own divorce. This package is designed ONLY to assist in a simple, uncontested divorce. If you have questions about whether this package is suitable for your situation, YOU SHOULD CONTACT AN ATTORNEY, click HERE to locate a Forsyth County attorney.
  1. To return to your maiden name or a previously married name, you would need to come to the Clerk of Superior Courts Office Room 245 to complete an Application/Notice of Resumption of Prior Name. If you were divorced in a county other than Forsyth or a state other than North Carolina then you would need to bring a certified copy of your divorce judgment. The fee is $10.00.
  1. The fee to file for Divorce is $225.00.
  1. Separation Agreements are filed in the Register of Deeds Office, unless they have been incorporated with your divorce. The Register of Deeds Office is located at 201 North Chestnut Street, Winston-Salem, N.C. 27101, 336-703-2701. If the Separation Agreement was incorporated with your divorce, you may obtain it at the Clerk of Superior Courts Office Room 245.
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Child Support

  1. How do I contact CHILD SUPPORT, where is Child Support located and what hours are Child Support open?
  1. Does the Forsyth County Clerk’s Office collect past due child support?
  1. What address do Parents send child support payments to?
  1. What address do Employers send Child Support payments to?
  1. Who do I contact to get help collecting support for a minor child?
  1. Where do I file a motion to modify child support?
  1. Who can provide legal advice about child support?
  1. Who can I talk to about not receiving my most recent child support payment?
  1. The Child Support Division can be reached by dialing 336-779-6309 and Child Support is located on the second floor, room 203 of the Forsyth County Hall of Justice, 200 North Main Street, Winston-Salem. Child Support is open Monday through Friday, 8:00 a.m. till 5:00 p.m. except for holidays.
  1. The Forsyth County Clerk’s Office does not collect or enforce the collection of payments or enforce the collection of past due payments for child support. Federal and State Laws require all child support payments to be sent to a centralized collection and distribution unit. Payments must be made payable to North Carolina Centralized Collections.
  1. Parents send payments to: NC Child Support Centralized Collections, P.O. Box 900006, Raleigh, NC 27675-9006. Please be sure to reference your MPI account number on all checks.
  1. Employers send payments to: NC Child Support Centralized Collections, P.O. Box 900012, Raleigh, NC 27675-9012. Please be sure to reference your MPI account number on all checks.
  1. To assist you in collecting support for your minor child you will need to contact the Forsyth County Department of Social Services- IV-D Enforcement Agency or you can hire an attorney to assist you. If you apply for IV-D assistance you may have to pay a $25.00 non-refundable application fee and possibly an annual service fee. The IV-D Enforcement Office is located at 741 Highland Ave, Winston-Salem, NC 27101. The phone number is 336-703-3801.
  1. Individuals that are currently under court order to pay child support may file motions to modify with the Clerk of Superior Court. Motions may be filed in Room 203 of the Forsyth County Hall of Justice. Please bring with you your civil docket number and the name of the IV-D case worker. There will be a $3.00 fee to process the filing and a $30.00 Sheriff fee for providing Service, or you can mail certified mail.
  1. Individuals seeking legal advice as to child support issues are advised to seek legal counsel. The Court can only appoint legal counsel if an individual is at jeopardy of being held in custody for contempt.
  1. You should contact the North Carolina Centralized Collection Unit at 1-800 992-9457 for more information.
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Support Obligations

  1. Where do I make a Purge payment or Alimony payment?

  1. Who can help; locate a parent, establish paternity, assist with support obligation(s), collect sustenance and enforce court orders for support including medical insurance?
  1. Purge payments and Alimony payments are made in Bookkeeping, Room 217. For more information call Bookkeeping 336-779-6306.

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Child Custody

  1. Does the Forsyth County Clerk’s Office have the forms I need to file my own custody case?
  1. The Forsyth County Clerk’s Office does not have the forms necessary for filing a custody case. It is strongly recommended you consult with an attorney or be prepared to file the necessary documents on your own in accordance with the laws of the State of North Carolina.
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Small Claims Court

  1. How do I file a claim in small claims court?
  1. The Civil Filings Department of the Forsyth County Clerk’s Office has paperwork for money owed, possession of property and summary ejectment (eviction) proceedings. The paperwork must be filed in the county where the defendant resides. The paperwork can be picked up in The Civil Filings Office, room 243 located on the second (2nd) floor of the Hall of Justice or can be obtained from the Administrative Office of the Courts website
    nccourts.gov
    . The filing fee is $96.00, payable in cash or money order (payable to The Clerk of Forsyth County Superior Court). The service fee for the sheriff is $30.00 per defendant. The monetary limit that a person can sue for is currently $10,000.00 (increased from $5,000 September 2013).
    For more detailed information, go to the small claims section of this website located under the “Civil” section of the navigation menu at the top of the page. There you can read about the steps involved in the small claims process. It is strongly recommended you review the entire section in detail before you begin filling out any form(s).
Quick Links:
Small Claims Booklet: https://www.nccourts.gov/courts/small-claims-court

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