what is the average attorney fee for drawing up divorce papers in north carolina

by Miss Noelia Jacobi III 8 min read

You'll often find attorneys willing to charge all-inclusive, flat-rate fees for simple projects ranging from $700 for an uncontested divorce to $1,000 for writing a prenup. Hiring a lawyer on a flat-rate basis to create a simple will costs $300, while a will for more complex estates may be $1,200 to write.

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 it cost to file a divorce?

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 …

How much does it cost to hire an uncontested divorce attorney?

Jul 21, 2020 · Average fees: $13,500+ North Carolina $75 (absolute divorce), $150 (for civil cases in district court) Average fees: $10,000+ North Dakota $80: Average fees: $8,000+ Ohio $350 (District specific fees. This example is from Washington County Circuit.) Average fees: $9,000+ Oklahoma $183: Average fees: $9,000+ Oregon $301: Average fees: $10,000: Pennsylvania …

How to file for divorce in North Carolina?

North Carolina: $225 - $235: North Dakota: $80: Ohio: $175 - $450: Oklahoma: $175 - $250: Oregon: $301: Pennsylvania: $150 - $350: Rhode Island: $160: South Carolina: $150: South Dakota: $95: Tennessee: $150 - $378: Texas: $250 - $350: Utah: $310 - $330: Vermont: $90 - $295: Virginia: $100 - $200: Washington: $314: West Virginia: $135 - $185: Wisconsin: $180 - $220: …

How much do attorney fees cost?

Divorce is often stressful, both emotionally and financially. Unfortunately, on top of the prospect of maintaining two separate financial households after a divorce, there are court fees associated with divorce filings. If you qualify as an "indigent" petitioner in North Carolina, you can file divorce papers without paying court costs. 1.

How much does it cost to file divorce papers in North Carolina?

The fee for filing a case for divorce is currently $225.00. If you are including a claim for Resumption of Maiden Name, there may be an additional $10.00 fee. These fees are subject to change. If you cannot afford the filing fee, also take the Petition to Proceed as an Indigent and ask to speak with a Clerk.

How much is a divorce if both parties agree?

If both parties agree on all major issues, known as an uncontested divorce, you can keep the costs relatively low. If you do your own divorce papers and your divorce is amicable, costs could be under $500. Of course, there are filing fees in all states, which increase the cost.

What is the cost of an uncontested divorce in North Carolina?

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

Is it better to divorce or separate?

Separation can allow you to tackle various aspects of the divorce process, such as establishing a child custody arrangement and dividing marital property, more calmly. Without court fees and timelines hovering over their heads, spouses may find navigating these legal disputes significantly easier during separation.Sep 14, 2020

How long does a divorce take from start to finish?

On average, it takes 12 months to complete a divorce, from filing the divorce petition to finalizing the judgment. If the case goes to trial, the average time is about 18 months. The average cost of divorce in 2019 was $12,900, which includes $11,300 in attorney's fees and about $1,600 in other expenses.Oct 19, 2021

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

Unfortunately, there is no legal way to avoid this divorce requirement in North Carolina, though there may be exceptions. Some choose to falsely claim that they had been separated for one year on their divorce complaint just to get divorced as soon as possible. However, it is not advised to do that.Jan 1, 2020

How long does an uncontested divorce take in North Carolina?

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.

How long do you have to be separated before divorce in NC?

one yearHow do we get divorced? One spouse or the other must have resided in North Carolina for at least six months and the parties must have been separated for at least one year with the separation intended to be permanent. When those two requirements have been met, either party may file for an absolute divorce.

What are the requirements for a divorce?

In every state, a variety of factors will change the hours required to negotiate and find a divorce agreement such as: 1 Child custody 2 Amount of property 3 Tax advice 4 Alimony (spousal support)

What is the difference between an uncontested divorce and a contested divorce?

Cost Difference Between Uncontested and Contested Divorce. An uncontested divorce (or an amicable divorce that uses mediation) will typically cost less. An uncontested divorce is possible if you can negotiate together and agree on big-ticket items such as who keeps the house.

What is alimony in divorce?

Alimony (spousal support) Consider how complex your divorce is when estimating how much it might cost. If you and your spouse own a lot of property and don't agree on its division, for example, you are looking at a longer and more costly divorce. The same is often true in divorces with children.

Can I get divorced if I can't afford it?

While the costs seem high, an important takeaway is that divorce is still attainable. Do not refuse to get a divorce just because you cannot afford it. You may be able to reduce costs by: Asking your attorney for an affordable payment plan. Discussing tactics to reduce time in court with your attorney.

How much does it cost to get divorced?

While divorce filing fees vary from state to state and often from county to county, nationwide they typically range from $100 to $350. Leading the pack with the highest divorce filing fees in the country are Florida and Minnesota, hovering at $400 or more.

How much does it cost to file a divorce in Cook County?

As of January 2020, the fee to file a new dissolution of marriage case in Cook County is $388. If you are asked to pay $639 instead of $388, then the Clerk's office is attempting to also charge you the $251 response fee in addition to the divorce filing fee.

1. Determine whether you qualify for a financial fee waiver

If you qualify as indigent, the court waives your fees. You are generally indigent in North Carolina if you receive any of the following benefits:

2. Obtain and complete a form to petition as an indigent

Obtain a copy of the North Carolina Petition to Proceed as an Indigent ( Form G-106) through the North Carolina Courts website or from your county Clerk of Courts.

3. Prepare and file your divorce papers

To start a divorce proceeding in North Carolina, file the following documents with the Clerk of Court's office in your county:

4. Serve your spouse with the summons and complaint

North Carolina law requires people who file for divorce to notify their husbands or wives of their intentions. Service of process means paying to have the sheriff serve the documents on your spouse or paying for delivery by a professional courier or delivery service.

What is statutory fee?

A statutory fee is a payment determined by the court or laws which applies to your case. You'll encounter a fixed statutory fee when dealing with probate or bankruptcy, for example.

How to avoid disagreements with your attorney?

Either way, most states require evidence of a written fee agreement when handling any disputes between clients and lawyers. You must have written evidence of what you agreed to pay for anyone to hold you accountable for what you have or have not spent.

How to pay retainer fees?

Make sure that your contract includes the details of: 1 Contract – The agreement should list the total amount of any retainer deposit that you pay upfront. It should also state when you need to pay additional fees, if necessary. 2 Hourly Fee – Don't look only for the hourly rate of your lawyer on the agreement. Make sure you also see a description of the different hourly rates for each person who might contribute to your case. Ask for your payment schedule. Ask if you get a discount for early payment or if you pay penalties for late fees. 3 Contingency Fee – In a contingency case, the lawyer profits by the percentage they earn upon winning the case. The lawyer's contingency percentage and the payment-collection process should appear clearly outlined in your agreement. Sometimes, a lawyer will not collect any fees from you if they lose a contingency case, such as in personal injury disputes. In other situations, they may demand payment from their client only if they lose the case. 4 Costs of Suit – Check for clear terms to describe who pays for all of the different litigation costs involved. You should anticipate possible charges for court appearances and filing fees, hiring a private investigator, the cost of bringing in an expert witness, costs for officially serving and delivering legal documents, and travel fees.

What is contingency fee?

An attorney contingency fee is only typical in a case where you're claiming money due to circumstances like personal injury or workers' compensation. You're likely to see attorney percentage fees in these situations to average around a third of the total legal settlement fees paid to the client.

What to ask when hiring an attorney?

When hiring your attorney, ask for a detailed written estimate of any expenses or additional costs. They may itemize each expense out for you or lump their fees all together under different categories of work. Lawyers may bill you for: Advice. Research.

Do lawyers charge retainers?

Sometimes lawyers may charge a retainer if they find themselves in high demand. Other lawyers who work more quickly and efficiently may see no need for charging you a retainer fee. Call different lawyers in your area to see if retainers are standard practice for your particular case.

What is collaborative divorce?

This type of divorce is a hybrid between hiring an attorney and mediation, which is when both spouses work together to find a solution to their issues.

How to file for divorce on your own?

First, you and your spouse can submit the required paperwork with your local family court. The court will then provide you with the forms you'll need, such as a petition for divorce and a parenting plan, which outlines the care for your children. After you file your documents and wait for the required period mandated by your state laws, you'll appear in front of the judge to finalize your divorce. Make sure you understand the laws of your state when completing your forms for divorce, such as alimony, child support and property distribution.

Is divorce expensive?

By Jennifer Kiesewetter, J.D. Getting divorced is not only an emotional experience, but also costly, especially if you're not prepared and you don't explore your options. If both you and your spouse agree on the divorce, the distribution of your property, and the care for your children, including custody, visitation, and child support, ...

How much does a collaborative divorce cost?

The cost range for a collaborative divorce can start around $10,000, depending on the complexity of your case. You have several ways to get a divorce, and the costs vary.

Is an uncontested divorce more expensive than a contested divorce?

An uncontested divorce is simpler and more cost-effective than a contested divorce, when the parties don't agree on one or more issues. If you're deciding on a divorce, you should understand the divorce process, what options you have, the length of time for the legal proceedings to conclude, and the cost.

How much does it cost to file a lawsuit?

If you use an online service to help you, costs can range from $150 to $1,500 depending on the service itself and your specific situation, in addition to the filing fee.

How much does an attorney charge per hour?

After that, you may have to put down an additional retainer, or your attorney may bill you by the hour. Average hourly attorney fees are anywhere from $150 to $400 per hour.

What is LDA in California?

Legal document preparation services are sometimes provided by attorneys, but in some states—including California and Arizona—paralegals and legal document assistants (LDA) provide these services. These professionals help prepare and file paperwork for living trusts and wills, powers of attorney, advanced healthcare directives, ...

How much does Bizie Ladie charge for probate?

Watson of Bizie Ladie charges $4,500 for full probate if the will is uncontested. For contested wills, her rate is $4,500 plus any additional time at a rate of $150 an hour. Lungo of Document Preparation Specialists asks clients to contact him so he can create an estimate to handle probate.

Is a will the same as a living trust?

Will and living trust. Wills and living trusts are not the same thing. A will requires probate to confirm whether it is valid or not. With a living trust, people can avoid probate court. Lungo of Document Preparation Specialists charges $429 to prepare living trust documents for an individual and $529 for a couple, which includes the living trust, ...

How much does probate cost?

Because there is such a wide variety of legal documents and proceedings you can get help with, the fees vary widely, too—from $100–$435 and higher. Probate can cost thousands of dollars, which is why legal professionals recommend living trusts instead.

Can you save money on divorce papers?

Sandy Bunfill of Westside Legal Documents says clients can save money in cases of divorce if they are able to amicably agree on the terms. Anytime someone has to be served with a court summons, the cost increases.