How Much Does Divorce Cost in North Carolina?
The basic filing fee for divorce in North Carolina is $225. The costs beyond this fixed amount vary considerably. Attorney’s fees, mediation costs, and court expenses can add to the total. If your divorce has disputed issues, it will generally require more time and resources, which drive up costs.
Here’s what you need to know about the factors that can affect the cost of your divorce. To discuss the specific facts of your case, contact us today at The Law Offices of John Drew Warlick, P.A., to speak with a knowledgeable North Carolina divorce lawyer. We can review the potential costs of your divorce.
What Are the Requirements for Getting a North Carolina Divorce?
To qualify for a divorce in North Carolina, one spouse must have lived in the state for at least six months before filing the divorce petition. In addition to the residency requirement, North Carolina law requires a full year of separation. Spouses must live in different homes for 12 consecutive months, and at least one of them must intend for the separation to be permanent. A separation won’t count toward the one-year requirement if the spouses continue to live under the same roof, even if they lead separate lives.
What Are the Different Types of Divorce in North Carolina?
Divorces in North Carolina fall into two categories: uncontested and contested.
In an uncontested divorce, both spouses agree on all major issues, including property division, child custody, child support, and spousal support. Because there are no disputes in an uncontested divorce, the process often moves more quickly and costs less.
In a contested divorce, the spouses disagree on one or more issues relevant to the divorce. As a result, contested cases usually require more court hearings, legal motions, and attorney involvement, all of which can extend the timeline and increase the total cost of the divorce.
What Factors Can Influence the Cost of Getting a Divorce in North Carolina?
The cost of divorce depends on many factors, including whether the divorce is contested or uncontested. An uncontested divorce usually costs less because it requires fewer court appearances and less attorney involvement. A contested divorce can lead to higher attorney fees, additional filings, and more costs.
Property and asset distribution issues can also increase expenses, especially when complex assets such as real estate, retirement accounts, or business assets are involved. Child custody and support issues can add costs as well because they often require mediation, evaluations, or multiple hearings. The more disputes a case includes, the more time and money both spouses can expect to spend.
What Are the Possible Costs and Fees in a North Carolina Divorce?
The cost of divorce in North Carolina includes several components that affect the total amount you must pay. Here’s an overview of the potential costs you face:
- Filing fees – It costs $225 to file for divorce in North Carolina. That total includes a $150 District Court fee and a $75 absolute divorce fee. If you have a sheriff serve divorce papers to your spouse, that costs $30. If you include a request to revert to a former name, it’s another $10.
- Attorney’s fees – Lawyers usually charge a flat rate for an uncontested divorce or an hourly rate for a contested one. The total can vary based on how much time your lawyer spends on the case.
- Retainer fees – In contested divorces, lawyers often require a retainer upfront. This deposit can range from a few thousand dollars to much more, depending on the lawyer and the case. The lawyer bills against this amount as the case progresses.
- Court costs – Beyond filing fees, you might face other charges for motions, hearings, or appeals, each of which can add to the overall cost of your case.
- Mediation expenses – If disputes arise in your divorce, the court may order mediation. Mediators often charge by the hour or by session, and costs can add up if the case requires several meetings.
- Document preparation costs – If you need help with drafting or reviewing documents from an attorney or document preparation company, you might pay extra for these services.
- Notary fees – You must get specific divorce papers notarized. Notaries usually charge a small fee per signature, and this billing can add up if you have several documents to file.
- Travel costs – If your divorce requires multiple trips to court, mediation, or your lawyer’s office, travel expenses can be significant, especially if you live far from the courthouse or your attorney.
What Can You Do If You Cannot Afford a Divorce in North Carolina?
If you cannot pay a divorce filing fee in North Carolina, you can ask the court to waive it by filing a Petition to Proceed as an Indigent. If the court approves your petition, you can proceed with the legal process without paying the filing costs up front. You could also reduce overall expenses by working with your attorney on a legal strategy that fits your budget. For example, you and your lawyer might focus your resources on the most pressing issues first, or use mediation to settle disputes rather than pursue extended divorce proceedings.
What Is the Benefit of Working with an Attorney in Your Divorce?
Many people try to forgo legal representation in a divorce due to the cost, but the value of hiring a lawyer almost always outweighs the cost. A lawyer can help you avoid errors that could lead to expensive disputes or delays. They can also prepare and file documents correctly, saving you from paying additional fees to fix mistakes. They can negotiate fair agreements on issues such as property division, alimony, child custody, and support, thereby preventing costly court battles later.
An attorney who guides your case efficiently can also reduce the time you spend in court and help you resolve matters sooner. This efficiency can save time, legal costs, and stress over the long run.
Contact a North Carolina Divorce Lawyer Near You
North Carolinians turn to The Law Offices of John Drew Warlick, P.A., for steady guidance and effective representation throughout the divorce process. Here’s what one former client had to say:
“John Drew Warlick, P.A., is a compassionate and authentically professional attorney. He has an outstanding ability to listen to ALL of my legal issues and his creativity and dedication to solving my legal concerns can be surpassed by none. He is very assertive, yet not loudly aggressive and his perseverance has eased the pain both financially and emotionally for me and my family…”
– Kimberly Johnson
Contact us today to discuss your divorce and learn about your options in a free consultation. We focus on our clients’ experience. From the beginning of your case through its resolution, you will work directly with your divorce attorney and receive consistent communication about every detail.
