Going through a divorce brings emotional challenges that can feel overwhelming. During this difficult time, financial concerns often add another layer of stress. One of the first questions many people ask is: “How much will this process cost me?”
The cost of ending a marriage in North Carolina varies widely depending on your unique situation. Several factors influence the final price tag, including the quality of communication between you and your spouse, the complexity of your assets, and whether you have children together.
Average Cost of Divorces in North Carolina
When people ask, “How much does a divorce cost in NC?” the answer depends largely on what type of divorce you’re pursuing. North Carolina recognizes different pathways to ending a marriage, and each comes with its own price range:
Uncontested
The simplest type of divorce happens when couples have already been separated for at least one year and a day and have resolved all their issues. These cases move quickly through the court system because both parties agree on all terms.
Although costs vary, filing fees for an uncontested divorce alone may be as low as $1,000. However, uncontested divorces may include an agreed-upon separation agreement. Adding in those fees can cause the cost to be closer to $3,500 or more, depending on the complexity of the separation agreement.
Contested
Contested divorces that involve disputes over property, children, or support tell a different story. The cost for this type of divorce can range from $10,000 to $50,000 or more. However, local costs can vary depending on your specific county, the attorneys you work with, and how complex your issues are.
North Carolina-Specific Divorce Fees and Regulations
North Carolina has unique laws and requirements that affect how much the divorce costs:
- Year of separation – The state requires couples to live apart for at least one year and a day before they can finalize a divorce. During this separation, you’ll likely need to address significant issues such as property division and child custody. You can file these other family-law-related claims immediately upon separation. However, these preliminary legal actions add to your overall costs.
- Court filing – Filing fees in North Carolina courts are set at the state level. The person who files for divorce must pay $225 to file the initial divorce complaint. However, an additional $150 filing fee is required for other claims associated with divorce, such as custody, spousal support, or property division. Service fees for serving divorce papers can apply, as well.
- Preparing finances – North Carolina requires spouses to file financial affidavits in many divorce cases. Some people hire accountants or financial professionals to help compile this information, which adds to the total cost.
Divorce Expenses to Consider
Several categories of expenses make up the total cost when you’re figuring out how much it costs to get a divorce. Breaking these down helps you understand where your money goes.
Attorney fees typically represent the most significant expense. Divorce lawyers in NC usually charge hourly rates, which vary based on experience and location. Most attorneys require an upfront retainer, which they draw from as they work on your case. If your case takes longer than expected, you may need to replenish this retainer.
Court costs include more than just filing fees. You might pay additional fees for:
- Motions and hearings
- Document preparation
- Service fees
- Certified copies
- Discovery costs
- Expert fees (real estate appraisers, business valuators, etc.)
Additional Costs of Divorce
Beyond direct legal fees, divorce creates financial ripple effects that many people don’t anticipate until they’re in the middle of the process, such as:
- Retirement account division – Dividing retirement accounts often requires a qualified domestic relations order (QDRO). This specialized court order allows retirement plan administrators to split accounts between spouses without triggering early withdrawal penalties. However, preparing a QDRO can cost hundreds to thousands of dollars, and you may need separate QDROs for each retirement account you’re dividing.
- Moving costs – Housing changes create significant expenses for most divorcing couples. One spouse usually needs to find new housing, which comes with its own costs. The spouse remaining in the marital home may need to refinance to afford the mortgage.
- Divorce order effects – You may also experience financial impacts once the divorce is finalized. Depending on how property division, child support, and alimony are decided, you could have less income and assets than you did before the divorce process.
Factors That Influence How Much It Costs to Get a Divorce in NC
Some of the factors with the most significant influence on the cost of divorce in our state include:
- Communication – Couples who can discuss issues calmly and reach compromises spend far less than those who fight over every detail.
- Asset complexity – Simple cases involving a house, two cars, and modest retirement accounts cost less to resolve than cases involving multiple properties, business ownership, complicated investment portfolios, or valuable collections.
- Children – Cases involving custody disputes, visitation schedules, and child support calculations require more time and attention.
- Geographic location – Family law attorney rates in Charlotte or Raleigh tend to be higher than rates in smaller towns.
- Your attorney’s experience level – More experienced attorneys typically charge higher rates but may resolve your case more efficiently and with a better future financial outcome.
When Divorce Cases Go to Trial
Taking your divorce to trial is the most expensive path to ending your marriage for a couple of main reasons:
- Trial work – Preparing for court is extensive and time-consuming. Your attorney’s preparation time alone often exceeds the actual trial time and gets billed at your attorney’s hourly rate. The trial itself can last anywhere from one day to several weeks, depending on the complexity of the issues involved.
- Mediation efforts – Most North Carolina courts require mediation before scheduling a trial. Mediation involves meeting with a neutral third party who helps you and your spouse try to reach an agreement. Mediators charge hourly fees, with each party paying half. Their fees depend on their experience level, whether they are an attorney, the location, and the complexity of your case. However, while mediation incurs upfront costs, it can save money if you can avoid a trial.
FAQs About Costs Of Divorce In North Carolina
Here are answers to some of the most common concerns about divorce costs in North Carolina.
How Much Does It Cost to File for Divorce in North Carolina?
The filing fee to start a divorce case in North Carolina is $225. If you want the court to restore a maiden name as part of the divorce decree, the fee increases to $235.
If you’re filing for other claims associated with divorce, such as child custody and support, property division, and spousal support, those claims have a $150 filing fee. While you must wait a year and a day after separation to file for divorce, you can file these other family-law-related claims immediately upon separation.
Filing for divorce also requires serving your spouse with papers. Sheriff service costs $30, while other service fees could apply, such as if you hire a private process server.
Is North Carolina a 50/50 Divorce State?
No, North Carolina uses equitable distribution rather than a 50/50 split. This means courts divide marital property fairly, but not necessarily equally.
However, a large portion of property division cases in NC do settle on the lines of an equal split. Because an equal split is equitable, it is the starting point in any case before the court considers other factors that could lead to an unequal distribution. At Caulder & Valentine Law Firm, PLLC, we zealously represent our clients to seek the fair property division they deserve, including an unequal distribution when they are entitled to it.
What Is the Cheapest Way to Get a Divorce in North Carolina?
The least expensive divorce option is an uncontested divorce, in which you and your spouse agree on all issues before filing. If you’ve been separated for at least one year and a day and have already divided your property, resolved custody matters, and addressed support issues, you can file a petition for a simple absolute divorce.
Contact the North Carolina Divorce Attorneys at Caulder & Valentine Law Firm, PLLC
Understanding the financial side of divorce helps you plan for the road ahead, but every case is unique. At Caulder & Valentine Law Firm, PLLC, our family law attorneys have over 25 years of combined legal experience. Our approach focuses on finding efficient solutions that protect your interests while managing costs effectively. Those diligent efforts have led to meaningful results for our clients when they were facing drastic changes. You can read what our past clients say about working with us on our testimonials page. As Jeff W said:
“Jonathan did an amazing job! He was able to get my case handled very quickly and very professionally! I can’t thank him enough for the outcome and appreciate the time he took to make sure everything was done properly.”
Contact Caulder & Valentine Law Firm, PLLC today for a confidential consultation to learn more.
