The Cost of Divorce in North Carolina

May 5, 2023 Amanda

The Cost of Divorce in North Carolina

	Contested Divorce	Uncontested Divorce
Attorney Fees	$15,000 – $35,000+	$500 – $2,500
Court Costs	$200 – $400	$200 – $400
Mediation/Arbitration	$5,000 – $10,000+	$500 – $1,500
Child Custody Evaluation	$5,000 – $10,000+	N/A
Expert Witnesses	$2,000 – $10,000+	N/A
Total Cost	$27,200 – $70,400+	$1,200 – $4,400

The Basics of Divorce in North Carolina

Residency requirement: At least one spouse must have been a resident of North Carolina for at least six months before filing for divorce.
No-fault state: North Carolina is a no-fault state, meaning either spouse can file for divorce without having to prove any wrongdoing by the other party.
Separation requirement: Before filing for divorce, spouses must live separately and apart for at least one year. If there are no children involved, this period can be reduced to six months if the parties sign a separation agreement.
Grounds for fault-based divorce: While it’s not required in North Carolina, spouses may seek a fault-based divorce on grounds such as adultery, abandonment or cruel treatment. This type of action typically involves proving the allegations in court and can add significantly to the cost of the proceedings.

It’s important to note that while these are general guidelines regarding how divorces work in North Carolina, every case is different and should be evaluated by an experienced family law attorney. Consulting with an attorney early on in the process can help save time and money down the line.

Definition of Divorce

Absolute Divorce: This type of divorce completely dissolves the marriage and allows both parties to remarry.
Divorce from Bed and Board: This type of divorce does not actually end the marriage, but rather separates the parties legally. It can be granted on fault-based grounds such as adultery or abandonment.

It’s important to note that obtaining a divorce doesn’t necessarily mean that all issues related to the marriage will be resolved. Common areas where disputes arise include property division, spousal support (alimony), child custody and support. These issues can often be resolved through negotiation or mediation outside of court, but in some cases may require litigation.

Requirements for Filing for Divorce

If these requirements are not met, then a divorce cannot be granted. Additionally, there are several other factors that may need to be considered when filing for divorce:

Filing fees: There is a fee associated with filing for divorce in North Carolina. However, it may be waived if you meet certain income eligibility criteria.
Serving papers: Once you file for divorce, you will need to serve your spouse with copies of the paperwork. If your spouse lives out of state or cannot be located, additional steps may need to be taken to properly serve them.
Child custody and support: If children are involved in the marriage, issues related to child custody and support will need to be resolved as part of the divorce proceedings.

An experienced family law attorney can help guide you through these requirements and ensure that your rights are protected throughout the process.

Residency Requirements

It’s important to note that residency requirements can become complicated if one or both parties have recently moved or reside out-of-state. If you’re unsure whether you meet the residency requirements for filing a divorce petition in North Carolina, consulting with an experienced family law attorney is highly recommended.

Types of Divorce in North Carolina

An experienced family law attorney can help guide you through these different types of divorces and ensure that your rights are protected throughout the process. They can also help you decide which type of divorce is right for your particular situation and advise you on how to proceed with resolving any outstanding issues related to the marriage.

Grounds for Divorce

North Carolina is a no-fault divorce state, meaning that either party can file for divorce without having to prove any wrongdoing by the other spouse. However, there are still several fault-based grounds for divorce that may be used in certain situations:

Adultery: If one spouse engages in sexual relations with someone outside of the marriage, this may be grounds for a fault-based divorce.
Abandonment: If one spouse leaves the marital home and does not return for at least one year, this may be considered abandonment and could be grounds for a fault-based divorce.
Cruel or barbarous treatment: This includes physical or emotional abuse towards a spouse or child and can serve as grounds for a fault-based divorce.

Filing on these types of fault-based grounds may add time and complexity to the proceedings, which could increase legal fees and costs. An experienced family law attorney can help you determine whether filing on these grounds is appropriate based on your specific circumstances.

The Cost of Divorce in North Carolina

In general, uncontested divorces tend to be less expensive than contested ones because they involve fewer court appearances and less time spent negotiating settlement terms. However, every case is unique and should be evaluated by an experienced family law attorney before determining potential costs.

Attorney Fees

In addition to attorney fees, there may be other costs associated with your divorce, including court filing fees, mediation expenses and expert witness fees. Your attorney can help you understand what costs to expect throughout the process and develop strategies to keep those costs under control.

If you are concerned about paying for an attorney but don’t qualify for free legal aid programs, there are other resources available that may be able to help. For example, some bar associations offer reduced-fee referral services that connect individuals with experienced attorneys who have agreed to lower their hourly rates.

Court Costs

Going through a divorce can be an expensive process. In addition to the filing fee, there are other court costs that may need to be paid:

Service of process: If you cannot serve your spouse with copies of the paperwork yourself, you may need to hire a professional process server.
Mediation fees: If you and your spouse decide to try mediation to resolve any issues related to the divorce, there will be additional fees associated with this process.
Court appearances: Depending on the complexity of your case, it’s possible that multiple court appearances will be necessary. Each appearance comes with its own set of costs.

In some cases, if one party is found by the court to have acted in bad faith during the proceedings (such as hiding assets or lying about income), they may be required to pay some or all of their ex-spouse’s legal fees. An experienced family law attorney can help ensure that you are not unfairly burdened with these costs.

Mediation Costs

Mediation is a common way to resolve disputes related to divorce outside of court. It involves a neutral third-party mediator who helps the parties come to an agreement on issues such as property division, spousal support and child custody.

Costs: Mediation costs can vary widely depending on the mediator’s fees and the complexity of the issues being discussed.
Duration: The length of mediation can also vary, from just one session to several sessions over several weeks or months.
Benefits: While there are costs associated with mediation, it can often be less expensive than going to court. Additionally, it allows both parties more control over the outcome and can result in a more amicable resolution compared to litigation.

If you are considering mediation as an option for resolving issues related to your divorce, it’s important to consult with an experienced family law attorney who can help guide you through the process and ensure that your rights are protected throughout.

Counseling Fees

In addition to traditional counseling services, North Carolina also requires couples with children who are seeking a divorce to attend a parenting education program. This program helps parents understand how their separation will impact their children and provides tools for co-parenting effectively after the divorce is final.

Parenting education program fees: There is a fee associated with attending this program, but it may be waived if you meet certain income eligibility criteria.
Length of program: The parenting education program typically lasts around four hours and covers topics such as child development, communication skills and conflict resolution strategies.

An attorney can help guide you through these different types of resources available throughout the process of getting divorced in North Carolina so that you can make informed decisions about which options are right for you.

Other Expenses

In addition to the filing fees and legal costs associated with divorce in North Carolina, there may be other expenses that you should prepare for:

Appraisal fees: If there are significant assets involved in the marriage such as real estate or businesses, you may need to have them appraised by a professional.
Expert witness fees: In some cases, expert witnesses such as accountants or child psychologists may need to be called upon to provide testimony on behalf of one party or the other.
Mediation costs: If you opt for mediation rather than litigation, there will still be costs associated with hiring a mediator and potentially an attorney to represent you during negotiations.

It’s important to keep track of all these expenses throughout the divorce process so that you can accurately assess the financial impact of ending your marriage. An experienced family law attorney can help guide you through this process and ensure that your rights are protected every step of the way.

Property Division in North Carolina

North Carolina is an “equitable distribution” state, meaning that marital property must be divided fairly between the spouses. This doesn’t necessarily mean a 50/50 split, but rather a division that is deemed fair and reasonable based on each party’s contributions to the marriage.

Marital property: Property acquired during the course of the marriage is generally considered marital property and subject to equitable distribution. This includes real estate, bank accounts, retirement accounts, vehicles and other assets.
Separate property: Property owned by one spouse prior to the marriage or inherited during the marriage is generally considered separate property and not subject to equitable distribution.

In order to ensure a fair division of assets, it’s important for both parties to fully disclose all financial information. An experienced family law attorney can help ensure that all assets are properly identified and valued in order to achieve a fair outcome.

Equitable Distribution

In some cases, couples may be able to reach an agreement on how to divide their assets outside of court through negotiation or mediation. However, if a resolution cannot be reached or one party believes they are entitled to a greater share of the marital assets than what has been offered, litigation may become necessary.

Marital Property vs. Separate Property

Separate property, on the other hand, is generally not subject to division in a divorce. Separate property includes:

Property owned before entering into the marriage
Inheritances received by one spouse before or during the marriage (as long as they are kept separate from marital assets)
Gifts given to one spouse before or during the marriage (as long as they are kept separate from marital assets)

Determining what constitutes separate versus marital property can be complex and may require assistance from financial experts such as forensic accountants or appraisers. An experienced family law attorney can help guide you through this process and ensure that your rights are protected throughout.

Valuation of Assets

In some cases reaching an agreement about asset division can be difficult. An experienced family law attorney can help negotiate a settlement that protects your interests or litigate your case in court if necessary.

Business Valuation

Business valuation is an important aspect of divorce proceedings when a couple owns a business together. It involves determining the fair market value of the business and its assets, which will be used in property division negotiations.

Appraisals: In some cases, it may be necessary to hire a professional appraiser to determine the value of the business. This can involve analyzing financial records, assessing physical assets and interviewing key personnel.
Financial statements: Business owners will need to provide detailed financial statements for the company as part of the valuation process. These statements should include income statements, balance sheets and cash flow statements.
Negotiations: Once the value of the business has been determined, negotiations can begin regarding how it will be divided between both parties. This can involve selling off all or part of the business, transferring ownership or other creative solutions.

An experienced family law attorney with experience in complex property division issues can help guide you through this process and ensure that your interests are protected throughout.

Retirement Accounts

Retirement accounts are often some of the largest assets that a couple has, and dividing them in a divorce can be complex. Here are some things to keep in mind:

Types of retirement accounts: There are several types of retirement accounts, including 401(k)s, IRAs, pensions and military retirement plans.
Valuing the account: The first step is determining the value of the account. This may require hiring an expert to appraise the account or relying on statements from the plan administrator.
Distribution options: Retirement accounts can generally be divided either through a qualified domestic relations order (QDRO) or as part of a property settlement agreement. Each option has its own set of rules and requirements.

It’s important to work with an experienced family law attorney who understands how retirement accounts are handled in North Carolina divorces. With their help, you can ensure that your financial interests are protected throughout this process.

Child Custody and Support in North Carolina

Child Custody: There are two types of custody arrangements in North Carolina – physical custody and legal custody. Physical custody refers to where the child primarily lives, while legal custody refers to who has decision-making authority for major life decisions such as education and healthcare. Custody can be awarded solely or jointly between parents based on various factors like parenting ability, living conditions etc.
Child Support: The amount of child support paid by one parent to another is determined using a formula set out by state law. Factors such as each parent’s income, number of children involved etc are considered while calculating this amount

If you’re going through a divorce involving children, it’s important to work with an experienced family law attorney who understands how these issues may impact your case and can help guide you towards a resolution that serves both yours and your children’s needs.

Types of Custody

In addition, it’s important to note that while one parent may have primary physical custody of the child, this does not mean that the other parent has no rights. Visitation (also known as parenting time) allows for regular contact between a non-custodial parent and their child.

The court will consider several factors when making determinations about child custody and visitation in North Carolina. These include:

The age of the children
The mental and physical health of all parties involved
The needs of each individual child
The ability of each parent to provide for the children emotionally and financially

An experienced family law attorney can help you navigate these issues and ensure that your rights as a parent are protected throughout your divorce proceedings.

Factors Considered in Custody Decisions

In addition to these factors, North Carolina courts prioritize keeping siblings together whenever possible and generally prefer that both parents have ongoing relationships with their children following a divorce.

It’s important to note that while these factors play an important role in determining custody arrangements, every case is unique. An experienced family law attorney can help you navigate this process and work towards an outcome that is in your best interests as well as those of your children.

Child Support Guidelines

If you are going through a divorce involving children or need to modify an existing child support order, it’s important to work with an attorney who has experience in family law. They can help ensure that your rights and interests as well as those of your children are protected throughout the process.

Deviations from Guidelines

When it comes to issues of child custody and support, North Carolina has established guidelines that are used to determine appropriate levels of support. However, there may be instances where deviations from these guidelines are necessary or appropriate.

Income disparity: If one parent earns significantly more than the other, a deviation from the guideline amount may be warranted in order to ensure that both parents can maintain a similar standard of living after the divorce.
Special needs: If a child has special medical or educational needs that require additional expenses, a deviation from the guideline amount may be necessary in order to cover these costs.
Custody arrangement: The guidelines assume that one parent will have primary physical custody of the children. However, if both parents share physical custody equally or nearly equally, adjustments may need to be made to reflect this arrangement.

If you believe that your situation warrants a deviation from the established guidelines for child support or custody in North Carolina, an experienced family law attorney can help you make your case in court and ensure that your rights are protected throughout the process.

Enforcement of Child Support Orders

Child support is a critical component of many divorce cases, as it helps ensure that children are properly cared for following the dissolution of their parents’ marriage. However, even when child support orders are in place, issues can arise related to enforcement.

Garnishment: In some cases, child support payments may be automatically deducted from the non-custodial parent’s paycheck and sent directly to the custodial parent.
Lien on property: If a non-custodial parent fails to pay child support, a lien may be placed on their property (such as a home or car) to help ensure payment of past-due amounts.
Contempt of court: Non-payment of child support can result in contempt charges being filed against the offending party. This can lead to fines or even imprisonment if not addressed promptly.

If you’re having trouble enforcing an existing child support order, an experienced family law attorney can help you understand your options and work towards a resolution that protects your rights and those of your children.

Spousal Support in North Carolina

In deciding whether or not to award spousal support and how much to award, courts will consider several factors including:

The income and earning capacity of each party;
The standard of living during the marriage;
The length of the marriage;
The age and health of each party;
The contributions made by each party to the marriage (including homemaking);
Any acts which led to marital misconduct such as adultery or abandonment.

An experienced family law attorney can help you understand your rights regarding spousal support in North Carolina and advocate on your behalf throughout divorce proceedings.

Types of Spousal Support

The amount and duration of spousal support varies case by case and depends on several factors such as income, earning capacity, length of marriage and contributions made during the marriage. An experienced family law attorney can help you determine what type of spousal support may be appropriate in your specific situation.

Factors Considered in Awarding Spousal Support

The amount and duration of spousal support varies depending on these factors and others specific to your case. It’s important to work with an experienced family law attorney who can help you understand your rights and options related to spousal support during your divorce proceedings.

Duration of Spousal Support

In general, there are two types of spousal support awards:

Rehabilitative Support – This type of award provides financial assistance for one spouse while they complete educational or training programs necessary for finding gainful employment.
Permanent Support – This type of award provides ongoing financial assistance until remarriage or death.

If you’re involved in a divorce case where issues related to spousal support need to be resolved, it’s important to consult with an experienced family law attorney who can help guide you through the process and protect your rights throughout negotiations or litigation.

Modification and Termination of Spousal Support

Spousal support, also known as alimony, is financial support paid by one spouse to the other after a divorce. In North Carolina, spousal support can be awarded on either a temporary or permanent basis and may be subject to modification or termination under certain circumstances.

Modification: Spousal support orders may be modified if there has been a substantial change in circumstances since the original order was issued. This could include things like job loss, illness or disability that affects either party’s ability to pay or receive support.
Termination: Spousal support orders may terminate upon the death of either party, remarriage of the recipient spouse or completion of the specified term (if applicable).

If you believe that your spousal support order should be modified or terminated, it’s important to consult with an experienced family law attorney who can help you navigate this process. Failure to follow proper procedures could result in legal consequences such as contempt of court.

Tax Implications of Spousal Support

One of the issues that may need to be addressed during divorce proceedings is spousal support, also known as alimony. Spousal support can have tax implications for both the paying spouse and the recipient.

Tax implications for paying spouse: In North Carolina, spousal support payments are generally tax deductible for the paying spouse. This means that they can deduct these payments from their taxable income, potentially lowering their overall tax burden.
Tax implications for receiving spouse: On the other hand, spousal support payments are considered taxable income for the receiving spouse. This means that they will need to report these payments on their taxes and pay taxes on them accordingly.

It’s important to note that not all types of financial support between ex-spouses qualify as spousal support under IRS rules. For example, property settlements or child support payments do not count as spousal support and may have different tax implications.

Alternatives to Traditional Divorce in North Carolina

It’s important for couples considering these options to carefully weigh the pros and cons of each one before making a decision. An experienced family law attorney can provide guidance on which alternative may be best suited for your situation.

Collaborative Divorce

If you’re considering collaborative divorce or any other type of divorce in North Carolina, it’s important to consult with an experienced family law attorney who can help guide you through the process and protect your rights throughout. With the right legal support, you can navigate this difficult time with confidence and peace of mind.

Mediated Divorce

Mediation is a process in which a neutral third party helps the parties involved in a divorce reach an agreement on various issues related to their separation. Here are some things to consider about mediated divorce:

Voluntary: Mediation is typically voluntary, meaning both parties must agree to participate in order for it to be effective.
Cost-effective: Mediated divorces can often be less expensive than traditional litigated divorces because they take less time and require fewer court appearances.
Faster resolution: Because mediation involves direct negotiation between the parties, it can lead to quicker resolutions of disputes than waiting for court dates.

If you’re considering mediation as an option for your divorce, it’s important to consult with an experienced family law attorney who can advise you on your rights and ensure that any agreements reached during mediation are fair and equitable.

Legal Separation

Legal separation is an alternative to divorce for couples who may not be ready or willing to end their marriage permanently. In North Carolina, legal separation is recognized and can be granted through a court order. Here are some important things to know about legal separation:

Separation agreement: Couples must sign a legally binding contract outlining the terms of their separation, including property division, spousal support (if any) and child custody and support arrangements.
No-fault state: Like divorce, legal separation in North Carolina does not require either party to prove fault or wrongdoing by the other spouse. Instead, couples can simply cite irreconcilable differences as the reason for seeking a legal separation.
Benefits of legal separation: Legal separation allows couples to live apart and make decisions regarding child custody and financial matters without officially ending their marriage. It can also provide time for spouses to work on repairing their relationship before deciding whether or not to pursue a divorce.

If you’re considering legal separation or have questions about how it works in North Carolina, it’s important to consult with an experienced family law attorney who can help guide you through the process.

Annulment

In addition to divorce, some couples may consider annulment as an alternative way of ending their marriage. An annulment is a legal procedure that declares a marriage null and void, as if it never existed in the first place.

Grounds for annulment: In North Carolina, there are several grounds on which a marriage can be declared invalid and eligible for annulment. These include situations where one or both parties were under the age of 16 at the time of the marriage; where one party was already married at the time of the marriage; or where either party was mentally incompetent or unable to consent to the marriage.
Timeframe for seeking an annulment: Unlike divorce, there is no specific timeframe for seeking an annulment in North Carolina. However, once certain conditions have been met (such as having children), it may no longer be possible to seek an annulment.

It’s important to consult with an experienced family law attorney if you are considering pursuing an annulment instead of a divorce. An attorney can help you understand your options and whether they are appropriate given your unique circumstances.

Summary Divorce

Process: If you meet these requirements, you can file an affidavit with the court to begin the process. The other party may then respond within ten days either agreeing to the terms or objecting to them. If there are no objections, the judge will sign off on your agreement and grant the divorce without any further hearings.

If you believe that you may qualify for a summary divorce in North Carolina, it’s important to consult with an experienced family law attorney who can guide you through this process and ensure that your rights are protected throughout.

Conclusion

If you’re considering filing for divorce or have already started the process, it’s important to seek guidance from an experienced family law attorney who can help ensure that your rights are protected. With their assistance, you may be able to achieve a more favorable outcome and move on with your life after this difficult chapter has come to an end.

FAQ on ‘The Cost of Divorce in North Carolina’

How long does it take to get a divorce in North Carolina?

The length of time it takes to get a divorce in North Carolina varies depending on the complexity of the case and how quickly the parties can agree on the terms. In general, an uncontested divorce can take as little as two months, while a contested divorce can take up to a year or more.

What are the attorney fees for a divorce in North Carolina?

Attorney fees for a divorce in North Carolina vary based on factors such as the attorney’s experience and the complexity of the case. Hourly rates typically range from $200 to $400 per hour, and total costs can range from several thousand dollars to tens of thousands of dollars.

Is alimony awarded in every North Carolina divorce?

Alimony is not awarded in every North Carolina divorce. It is typically awarded when one spouse has significantly higher income or earning potential than the other spouse, and when there is a significant discrepancy in assets between the parties.

Can I represent myself in my North Carolina divorce case?

Yes, you have the right to represent yourself in your North Carolina divorce case. However, it is important to note that family law cases can be complex and emotionally charged, so it may be beneficial to seek assistance from an experienced family law attorney.