how much does a lawyer charge in nc for uncontested divorce

by Jaden Dach DVM 9 min read

Take a look at the average costs of divorces in North Carolina under some of the most common situations: No contested issues (with lawyers): $3,500–$4,200 One dispute but without trial: $5,100–$6,200

On average, North Carolina divorce lawyers charge between $230 and $280 per hour. Average total costs for North Carolina divorce lawyers are $9,700 to $11,700 but are typically significantly lower in cases with no contested issues.Jul 22, 2020

Full Answer

How much does a North Carolina divorce lawyer cost?

Jul 22, 2020 · Average total costs for North Carolina divorce lawyers are $9,700 to $11,700 but are typically significantly lower in cases with no contested issues. If you’re contemplating divorce in North Carolina, or are already in the midst of the process, one of your many concerns will be …

How much does an uncontested divorce cost?

Aug 10, 2021 · How Much Does an Uncontested Divorce Cost? When you file your forms, you will also pay a filing fee of $225. If you want to resume using your maiden name, there will be an additional $10 you’ll have to pay.

Why do attorneys in North Carolina charge different rates?

Take a look at the average costs of divorces in North Carolina under some of the most common situations: No contested issues (with lawyers): $3,500–$4,200. One dispute but without trial: $5,100–$6,200. Two or more disputes but no trial: $8,800–$10,600. Going to trial: up to $14,500.

How much does it cost to hire a divorce attorney?

Jul 15, 2020 · Contested divorce cost: $225 plus extra costs and attorney's fees to go to court until an agreement is found; Uncontested/absolute divorce cost: $225 plus attorney's fees for …

How much does it cost to get a uncontested divorce in NC?

You can expect to pay around $225 for the documents and filing fees. If you have an amicable or "uncontested" divorce, then you will file the documents and may not need much additional time with an attorney.Jul 15, 2020

How long does it take to get an uncontested divorce in NC?

45-90 days
How long does a divorce take in NC? Once the divorce is served to your spouse, there is a 30 day waiting period before the divorce can be finalized. In general, it takes at least 45-90 days to get divorced.

Do you have to go to court for uncontested divorce in NC?

If the spouses can agree, then there is no need to have a court decide what the couple has to do after a divorce. The spouses can use agreements and consent orders to finalize the terms of the separation. When the couple signs their separation agreement, the agreement is a binding document.

Who pays attorney fees in divorce North Carolina?

In most civil cases, each party is required to pay his or her own attorney's fees. However, family law is one of the few areas of the law where there is a legal basis for one party to pay the other party's legal fees. The basis for the payment of attorney's fees is found in North Carolina Statutes.

How do I get a divorce in NC without waiting a year?

Most states do not require any type of waiting period or separation prior to filing or getting a divorce. North Carolina, however, is not in the majority. Here, the law requires you and your spouse to be separated for one year before you can get a divorce. To fulfill this obligation, you must live separately and apart.Jul 12, 2019

Can I file for divorce before one year?

Divorce by mutual consent can be obtained within six months, but no petition in such a case can be filed within first year of marriage. There also has to be gap of six months between the first and second motions. The court can waive this cooling off period in some cases.Jan 27, 2020

Can you get divorced without a lawyer in NC?

Like many states, North Carolina offers “no-fault” divorce, which means neither party has to prove the other has caused their marriage to end. North Carolina also enables couples to execute a divorce without legal help.

How can I pay for a divorce with no money?

Some of the funding options available include;
  1. Legal Aid. Legal Aid for divorce is now only available for a limited number of extreme cases. ...
  2. Help with Court Fees. ...
  3. Funding from your partner. ...
  4. Legal Services Provision Order. ...
  5. Maintenance. ...
  6. Sears Tooth Agreement. ...
  7. Borrow Money from Family. ...
  8. Litigation Loans.
Aug 17, 2020

Can you date while separated in NC?

1) You Can Date While Separated

After you have legally separated you are free to date as if you are not married. Your spouse does not have a say in whether or who you date. Third party claims such as alienation of affection and criminal conversation cannot be filed solely due to post-separation acts.
Oct 29, 2018

How does alimony work in NC?

Paying Alimony in North Carolina

Supporting spouses can pay in one lump sum, in monthly or quarterly (periodic) payments, an income withholding order, or even through a transfer of property. If you fail to pay alimony, the court may order you to pay fines, fees, or order you to spend time in jail.

Who pays attorney fees in divorce?

The decision about who pays divorce attorney fees is made by the family law judge on a case-by-case basis. In some divorce cases, each party pays their own attorneys. In other cases, one spouse will be ordered to pay all or part of their ex's attorney fees.

Who pays costs in a divorce?

The spouse who applies for the divorce is known as the Petitioner and the other person is the Respondent. As they are the person applying for the divorce, the Petitioner will from the outset be responsible for the cost of the divorce. So, on average the Petitioner's costs will be higher than the Respondent's.May 8, 2019

What is an uncontested divorce in North Carolina?

An uncontested divorce means that you and your spouse agree on all the terms of your divorce before your divorce is finalized. Many couples choose this method because it is the cheapest and quickest means to ending a marriage. In North Carolina, a divorce is known as an absolute divorce. The word “absolute” carries no special meaning.

How long does a divorce have to be uncontested?

If the divorce is uncontested, the defendant does have the option to waive the 30-day period by submitting a Waiver and Answer form. The defendant would have to complete this form and file it with the Clerk of Court, also serving a copy on the plaintiff.

How to dismiss a divorce case?

If you work things out with your spouse and your divorce isn’t final yet, you can petition the court to dismiss your case by filing a Voluntary Dismissal (court form AOC-CV-405).

How long does it take to get a notice of hearing from a divorce court?

The Notice of Hearing form must be delivered to the defendant at least ten days before the court date.

How long do you have to live apart in North Carolina to file for divorce?

Before you can file for an uncontested divorce in North Carolina, you must have lived physically apart from your spouse for at least one year. Also, at least one spouse must have lived in North Carolina for at least six months.

How long does it take to answer a divorce case?

The defendant has 30 days to file an Answer to your case. If an Answer is filed, you will be notified. If the Answer raises any issues or counterclaims, you now have a contested divorce and you should consider consulting an attorney.

Why do people get divorces without fault?

No-fault divorces are preferred because no specific reason or grounds must be given to get a divorce. You simply state you can no longer get along with your spouse, and you’ll be able to get a divorce. This is the route that people seeking uncontested divorces use.

What is a good divorce settlement agreement?

A good divorce settlement agreement should comply with the state requirements and contain the information specific to your case. Wondering how to create such a document? With DoNotPay, it’s as easy as ABC!

Does having kids affect divorce costs?

Having kids is not the only factor that affects the divorce cost. How much you’ll have to pay depends on many other aspects, such as the divorce type, attorneys, and methods.

How much does it cost to serve divorce papers?

Serving divorce papers (called a summons) to your ex ($30 for a sheriff to do it or $7 to send it via mail)

How much do lawyers get paid per hour?

Lawyers are generally paid by the hour at $100 to $300 per hour. It typically takes a handful of hours to determine each item, such as:

How long does it take to get divorced?

For example, an absolute divorce form requires couples to separate for one year before they file.

What happens if you decide to write a separation agreement?

If you can come to agreements quickly, then you will save money. If you need to go to court, you will pay more.

Is it worth the money to file a divorce complaint?

To others, it can be worth the money and peace of mind to know the divorce complaint is being handled quickly and correctly by an attorney.

Do you have to sign off on alimony before filing for divorce?

A judge needs to sign off on alimony or property division before they sign the divorce forms. However, it is common for people to not raise these claims in time. The order in which you complete this process is essential.

Can I file for divorce if I can't afford it?

If you cannot afford the costs of filing for divorce, you can choose to register as "indigent." This helps residents on SNAP (food stamps), TANF, SSI, or who are receiving benefits from Work First. If you file the correct forms, you will not have to pay the $225 filing fees or the $30 fee for serving documents.

How to cooperate in divorce?

Your Spouse will cooperate in processing the divorce by Signing and Returning an Acceptance of Service.

Is there a fee for self service divorce?

Yes. There is a $80 legal fee. See the pull down Menu below for a list of included documents. You may make an election for ‘Self Service Divorce’ once you have completed the Personal Information questionnaire.

Can my spouse cooperate with my divorce?

Your Spouse may still cooperate by returning the Acceptance of Service. However, we must file a separate affidavit with the court, which is why there is an extra fee.

Can you get alimony after divorce?

Once Your Divorce is Final you MAY NOT later Request Alimony or a Division of Marital Assets.

Can my spouse take an action in a case before the case exists?

NO . Your Spouse cannot take an action in a case before the case exists.

Do you need original signatures for divorce?

No. The Court requires original signatures with the divorce filing.

Do we accept credit cards for divorce?

We Accept Credit Card payments for the Self Service Divorce only. We DO NOT accept Credit Card payments for a Full Service Divorce.

Cost Difference Between Uncontested and Contested Divorce

An uncontested divorce will be less costly than a contested one mainly because it is not a lengthy, drawn-out process where both parties are battling each other in court on every issue. Where the divorce is being contested, a court will have to determine most issues on behalf of the parties involved, usually resulting in higher legal costs.

With an Attorney

In most contentious cases, it is usual for each party to have an attorney involved in the divorce proceedings. If you decide to have an attorney help you, it is their role to advise you of your legal rights, represent you in communications with your partner, and appear in court to advocate on your behalf.

Without an Attorney

When it comes to divorce, the least expensive option is choosing to file for an uncontested divorce without the need for an attorney. Where both parties agree on the important issues, there is no need to hire an attorney to represent them. However, if clarification is needed on certain issues or points of law, an attorney can still be consulted.

Through the Collaboration Process

Many divorce cases lie somewhere in between contested and uncontested. Parties may be able and willing to see eye to eye on some aspects of their divorce yet find it hard to agree on others.

Getting a Divorce When You Don't Have The Money

The more both parties can reach an agreement on their issues without resorting to expensive litigation, the cheaper the divorce will be. Where money is a factor, it is always advisable to explore alternatives, especially where things have become contentious.

How much does an uncontested divorce cost?

An uncontested divorce or one with no major contested issues costs, on average, $4,100.

How much does a divorce lawyer cost?

According to Martindale-Nolo research, the average hourly rate for a divorce lawyer was $270 and the average total cost for legal fees per spouse was $11,300 (though the median was $7,000). However, not all attorneys charge the same hourly rate. In fact, the research found the following:

Why is divorce so expensive?

Divorces that go to trial are significantly more expensive due to the added legal fees involved. A dispute over alimony, or spousal support, also adds substantially to the price tag -- even more than child-related disputes.

What factors contribute to the cost of divorce?

There are many factors that contribute to the overall cost, including whether you're looking at a contested or uncontested divorce, whether you hire a divorce mediator, the law firm you choose if you need an attorney, and others.

How much wealth does divorce cause?

And some older studies have shown that divorce causes an average 77% drop in wealth.

What to do if you have questions about divorce cost?

Editor's note: If you have specific or technical questions about divorce cost, consider seeking legal advice.

How many people ended their marriages in 2018?

Despite that drop in the rate, this still means hundreds of thousands of people per year end a marriage -- 782,038 in 2018.