One of the many concerns people have about getting a divorce is how much the process might cost them. It’s hard to predict an exact dollar amount, but you can better prepare yourself if you have an idea of how much a typical divorce in your area costs, as well as the factors that can make it more or less expensive.
The Cost of Divorce Lawyers in North Carolina
When you hire a lawyer to handle your divorce—and that’s what many people do—your biggest divorce expense will be your lawyer’s fees. The total amount you pay will depend on your lawyer’s hourly rate and the number of hours the lawyer works on your case.
How Much Do North Carolina Divorce Lawyers Charge per Hour?
In 2019, we conducted a study of fees and billing practices reported by North Carolina family law attorneys. The lawyers in our study reported their minimum and maximum hourly rates. Across the state, the average minimum was $230 per hour, while the average maximum was $280 an hour.
Average rates are likely to be higher now. According to Clio, a legal technology company, the average hourly rate in 2023 for a lawyer practicing family law in North Carolina was $291, slightly less than the national average rate for family law attorneys that year ($312).
Many factors influence how much an individual attorney will charge per hour, especially:
- Location and size of firm. Attorneys with offices in cities like Charlotte or Raleigh tend to charge more than those in small towns and rural areas, which is a reflection of the differences in the cost of living. It’s also common for lawyers in large, well-known firms to charge more than lawyers in small firms or solo practitioners.
- Family law expertise. Lawyers with years (or decades) of experience in specialized family law practice usually charge more than those who are newer in the field or have a general law practice. However, the total bill won’t necessarily be higher, because an attorney with expertise in family law often can resolve issues more efficiently than a relative newcomer or general practitioner.
- The cost of paralegals and support staff. Lawyers often rely on paralegals, law clerks, and other support staff for help with legal research and document preparation. Support staff can bill for substantive legal work, but typically at a much lower rate than lawyers. As reported by Clio, the average hourly rate for nonlawyers working on cases in 2023 in North Carolina was $132.
What’s the Typical Total Cost for a North Carolina Divorce Lawyer?
People who can afford to hire a divorce lawyer often choose to hire a “full-scope attorney” to handle their entire case from start to finish. Another option is to hire a “consulting attorney” who offers "limited scope" or "unbundled" services to help with a clearly defined part of the case, such as preparing or reviewing a separation agreement.
In 2019 and, before that, in 2015, we surveyed our readers who had recently gotten divorced. Our analysis of the data showed that the total average cost of a full-scope attorney in a typical North Carolina divorce ranged from about $9,700 to $11,800. You could end up paying much less—or more—than the average depending on the circumstances in your case. (More on that below.)
How Much Does a DIY or Online Divorce Cost in North Carolina?
You aren’t required to hire a lawyer to get a divorce in North Carolina. You can choose to do it yourself or file for divorce online.
DIY Divorce
If you want to save money, you can represent yourself in your divorce (sometimes called a "pro se" divorce). If you decide to handle your divorce in North Carolina, you’ll have to:
- follow state and local divorce laws and procedures
- find and complete all the necessary divorce forms
- serve your spouse with the forms
- got to court, and
- get a final divorce decree.
The North Carolina Judicial Branch publishes a Divorce Packet that can help you get started. Legal Aid of North Carolina offers free divorce clinics that include a packet of legal documents and access to a volunteer attorney who can answer general questions. But even a DIY divorce isn't free—you'll still have to invest your time and pay filing fees.
Online Divorce
Online divorce is another option for people who would like to keep costs down and save themselves some time and aggravation. An online divorce service walks you through the paperwork you need for your situation and then tells you how to file it. The cost of online divorce services varies, but it’s typically in the $150 to $750 range, with extra charges for additional services (such as filing the paperwork in court for you).
DIY and Online Divorce Isn’t for Everyone
DIY and online divorce aren't appropriate in all situations. You might be a good candidate for these lower-cost options if:
- you're involved in a "no-fault" divorce
- you and your spouse agree on all of the important issues in your divorce
- you're aware of all of your marital assets and have access to your financial records
- your spouse isn't represented by a lawyer, and
- a power imbalance or domestic violence hasn't been a part of the relationship.
How Disputes and Trial Affect the Cost of Divorce in North Carolina
It’s common for couples to disagree about one or more important issues in their divorce, mainly:
These disputed issues—and the difficulty resolving them—are the biggest reason some divorces are more expensive than others. When you and your spouse can’t come to a quick agreement about these matters, it will take time for your lawyers to gather and exchange information about your case in a process called "discovery." And, if your spouse doesn’t cooperate by exchanging the required information, your attorney will probably have to prepare motions and attend court hearings on the issue. That’s also true if either spouse asks for a temporary support order.
We looked at the impact of disputes involving important issues on divorce costs in 2019 and learned the following:
- The average total cost of a divorce with no contested issues in North Carolina was $3,500 to $4,200.
- Cases involving one dispute that settled before trial cost an average of $5,100 to $6,200.
- Cases involving two disputes but still no trial cost more—$8,800 to $10,600.
- The cost of going to trial on just one issue caused the average cost to skyrocket to $12,000 to $14,500.
How Long Does Divorce Take in North Carolina?
To file for divorce, called “absolute divorce” in North Carolina, you or your spouse must have lived in the state for at least six months before you file. (N.C. Gen. Stat. §50-8 (2023).)
North Carolina is a “no-fault” divorce state. You won’t have to go through the expense and stress of proving that your spouse engaged in some kind of misconduct that caused the marriage to fail or defend yourself against allegations that you did something wrong. But you’ll have to live separately for:
- at least one year, or
- three consecutive years because of one spouse’s incurable insanity.
Living separately means that you and your spouse live in separate homes and at least one of you intends for the separation to be permanent. (N.C. Gen. Stat. §§ 50-6, 50-5.1 (2023).)
After the mandatory separation period, the divorce process begins when you or your spouse file a complaint for absolute divorce in court. The other spouse has 30 days to answer the complaint after being served with the divorce papers. After the 30 days have passed, you can contact the clerk’s office to get a court hearing date on the divorce.
An uncontested divorce in North Carolina can be finalized within 60 to 90 days of when the divorce paperwork is served. Some divorces take much longer, especially when couples disagree on child custody, division of property, and support orders.
Filing Fees and Other Divorce Costs
Attorneys’ fees aren’t the only costs involved in divorce. Whether or not you hire a lawyer, you’ll have to pay court fees to file your divorce papers, unless you request and qualify for a waiver. As of 2023, the filing fees for an absolute divorce in North Carolina total $225 ($150 to file a complaint in district court and an additional $75 absolute divorce fee). You’ll have to pay $30 more to have a sheriff serve the divorce papers on your spouse. If you’d like to restore your former name after the divorce, you’ll have to pay a $10 fee. These fees are subject to change.
Depending on your situation, you might also have other expenses, such as:
- mediation costs
- a child custody evaluation, and
- fees for other expert help, like investigators and financial analysts.
Our 2019 survey showed that the national average for these non-lawyer costs is $1,600. Your costs are likely to be higher than that if you have multiple contested issues in your divorce—or lower if you don’t.
More Information and Resources on North Carolina Divorce
Divorce can be expensive, time-consuming, and financially and emotionally draining—all the more so if your situation involves significant conflict. If it does, hiring a divorce lawyer could be the best path forward.
But not everyone needs a lawyer for their divorce. Other options include handling it yourself, using an online service, and going to mediation (with or without a lawyer). For help choosing the right route for your divorce, you can check out Divorcenet’s quiz.
And here are more resources on divorce in North Carolina:
