2024 How Much Does a Divorce Cost in North Carolina?

Divorce proceedings often come with concerns about finances. There are assets and properties to be divided up, and there are often lawyer fees and retainers that require payment. Like other working professionals, lawyers and their legal aids need to be paid for their time and services. There are many factors that can determine the divorce cost in North Carolina.

While it may be tempting to search for the lowest-cost attorney for your divorce, the ramifications of low-quality legal representation could lead to life-altering consequences.

Factors That Determine Divorce Costs

Any divorce will have built-in fees from the courts and potential costs for legal representation. First, there is the initial filing fee that starts the process. If you are initiating the divorce, there will be an incurred expense for having your spouse served. This formal process of confirming that your spouse is notified of the court proceedings is a requirement.

Waiting Period

There are often personal costs associated with a divorce. North Carolina’s mandatory one-year waiting period requires that couples live in separate residences. For the person who leaves the home, there are often extra costs. It is possible that a judge may order temporary spousal support during the separation and divorce process. This is usually done when one party earns significantly more than the other.

Legal Representation

Many spouses seek legal representation to protect their individual and parental rights during the divorce process. Attorneys either charge flat fees or work on a billable hour system. If the attorney charges by the hour, they will often ask for an upfront lump payment known as a retainer. If the retainer runs out, it will need to be replenished by another payment.

Hourly fees for attorneys vary, and more experienced and successful law firms tend to charge more for their services. The work of legal aids and outside experts may be factored into bills during the divorce process.

Duration of the Divorce Process

The length of the divorce case is a significant factor when determining divorce costs. The longer a case is dragged out, the more clients will likely have to pay. One job of a family law attorney is to work to resolve disagreements between parties so the divorce can be finalized more quickly.

Do I Need Legal Representation for a Divorce?

You are not required to have an attorney, but many people find that having legal counsel is well worth the cost. Divorces are often highly emotional, and having an objective advisor on divorce matters can help you make the right decisions that can secure long-term benefits.

An attorney brings years of experience to your case. If your spouse becomes uncooperative during the divorce process, your attorney can develop a strategy for moving the case forward. Your divorce lawyer can work to ensure that your spouse discloses their assets and abides by the rules and expectations of the court. While many people understandably worry about the cost of legal representation, a family law attorney can help make an uncertain situation less stressful and more manageable than if you were to go it alone.

FAQs

Q: How Much Does a Divorce Cost in North Carolina?

A: There are filing fees that must be paid as well as court costs once the process begins. It is advisable to have legal counsel to protect your rights during your divorce case. The cost of your legal representation will depend on the hourly rate the law firm charges for their services. An amicable divorce will likely not be as costly, while a high-conflict divorce could last much longer and require higher payments for legal services.

Q: How Are Divorce Lawyers Paid?

A: Divorce lawyers frequently bill based on an hourly rate that is disclosed early in the divorce process. Attorneys have hourly rates, and their legal aides also have hourly rates. A law firm may ask for an upfront payment, known as a retainer. Once a retainer is paid, the law firm deducts funds from the retainer based on the number of hours worked and services rendered.

Q: How Long Does It Take to Divorce in North Carolina?

A: It takes at least one year to divorce in North Carolina once the separation period is factored in. North Carolina law requires married couples to be separated (physically living apart) for at least one full year. You do not have to have a written separation agreement, but you cannot live with your spouse. Once the separation period has ended, you may file for divorce. The length of that process will largely depend on the complexity of your case and the willingness of both parties to agree to the terms of the divorce.

Q: Is North Carolina a 50-50 Divorce State?

A: North Carolina is a 50-50 divorce state in the sense that the state views marital property as belonging equally to both spouses. Marital property refers to assets and property that were acquired during the marriage. Separate property is not divided during the divorce and includes things like personal gifts and inheritance. When both parties cannot agree on how to divide marital property, the courts will make those decisions before the divorce can be finalized.

Q: Do You Need a Lawyer to Get a Divorce in North Carolina?

A: You do not need a lawyer to get a divorce in North Carolina, but having legal representation can come with many benefits. North Carolina’s family court laws are complex. Any mistakes could prove costly. A finalized divorce decree could result in the loss of property and access to your children.

Schedule Your North Carolina Divorce Consultation Today

Going through a divorce can create concerns about finances. Working with an experienced attorney can ensure that your rights are protected throughout the divorce process. By working with the right law firm, any fees you pay will be used to protect your lawful claims to property and assets, along with your parental rights.

The attorneys at The Jonas Law Firm, P.L.L.C., have a history of providing legal and public service to individuals and families living in Lincolnton and the Lake Norman area of North Carolina. Contact our office today so we can formulate a legal strategy to achieve a favorable resolution to your divorce.