A divorce can be expensive. On average, divorce lawyers in North Carolina charge $550 per hour. Divorce attorneys are paid for their time as well as for their knowledge and experience. But if you truly cannot afford a lawyer and meet certain other conditions, North Carolina offers a DIY divorce and will waive fees associated with divorce.
In this article, we at Charles R. Ullman & Associates explain how to get a divorce without a fee.
Understanding the Basics of Divorce
North Carolina is a “no-fault” divorce state, which means you do not have to state a reason for seeking a divorce. But there are certain requirements, including:
- You and your spouse must have been separated — lived separately and apart with the intent of permanent separation — for at least one year.
- You must have lived in North Carolina for at least six months directly proceeding with your divorce filing.
- You do not want spousal support (alimony).
- You do not need the court to ensure an equitable division of marital property, the real estate, vehicles, personal property, and other assets you and your spouse have accumulated together while married.
To obtain a divorce in North Carolina, you must:
- Complete and have notarized up to 10 required forms. Find the North Carolina Divorce Packet online.
- File multiple copies of each form with the office of the Clerk of Court in the county where either you or your spouse lives.
- Have the Summons and Complaint for Absolute Divorce served on (delivered to) your spouse. This may be done by:
- The local Sheriff’s Office
- Certified mail, return receipt requested
- Acceptance of Service (delivery requiring a notarized response from your spouse)
- Publication in the local newspaper (used when spouse’s location is unknown)
- Wait 30 days for your spouse to file an Answer or a motion for more time to file an Answer.
- Ask for a hearing to be scheduled after your spouse files his or her Answer, or if after 30 days no Answer has been filed.
- Complete a Notice of Hearing form to send the date of your divorce hearing to your spouse. The Notice of Hearing form must be delivered at least 10 days before the hearing date.
- Provide copies of all other forms in your divorce packet to your spouse. (This may be done via first-class) Then, complete, sign, and file with the Clerk’s Office the “Certificate of Service.”
- Go to court and present your case to the judge. If all forms are correct and filed appropriately, the judge may question you or ask you to state your case. You can read from your Complaint for Absolute Divorce and tell the judge specifically that you would like a divorce from your spouse.
- If the judge is satisfied with the evidence, he or she will sign the Judgment of Absolute Divorce and dissolve your marriage. You should have completed the Judgment of Absolute Divorce (included in the forms packet) and have three copies to give the judge.
Assessing Your Financial Situation and Requesting Waiver of Fees
As of this writing, North Carolina charges $225 to file for a divorce. To resume your maiden name costs an additional $10. It costs $30 to have the Sheriff’s Office serve divorce papers.
If you cannot afford the various fees associated with filing for a divorce, you can file a Petition to Proceed as an Indigent with the Clerk of Court at the same time you file your divorce complaint. The Clerk (or a staff member) may ask you about your finances and may also ask for a completed Civil Affidavit of Indigency and/or proof of your financial situation.
With the Petition to Proceed as an Indigent, you swear or affirm that you are indigent and ask to be allowed to file claims, motions, appeals, etc., with the court free of charge. A Civil Affidavit of Indigency requires you to list your monthly income and expenses as well as your assets and liabilities.
You should have both completed forms with you when you file your Complaint for Absolute Divorce and other initial papers with the Clerk of Courts Office.
No-Cost Legal Assistance and More Divorce Resources
In North Carolina, many people in need turn to Legal Aid of North Carolina for free advice and representation regarding civil (non-criminal) legal issues. The agency does not handle divorce, alimony, spousal support, or equitable property division cases except in extraordinary circumstances, but it does provide free simple divorce clinics online.
Each clinic teaches participants how to file a simple divorce action in court according to the steps above.
You may register for the upcoming Legal Aid of North Carolina Clinics, which discusses a variety of subjects. Look for a divorce clinic on the page at the link.
Some previous clinics are available online, including:
- Divorce Clinic, a 34-minute step-by-step guide with Spanish subtitles. This video does not include a Q&A.
- Listen & Learn Divorce Clinic
, which is 50 minutes long. - NC Simple Divorce Self Help-Clinic, which is 90 minutes long. This video posted in April 2020 also discusses COVID-19’s impact on divorce filings.
Need A Divorce Lawyer? We Can Help
You may find that your divorce is more complicated than you expected. If you find you are over your head after filing for divorce on your own, you can still reach out for help. Among the forms in the DIY Divorce Packet is the Voluntary Dismissal form, which you can file to stop your divorce case without prejudice at any time before the judge enters a decision. This is a last resort, because you’d then have to start all over to get a divorce, but it will stop the judge from handing down an adverse court order.
You can also contact Charles R. Ullman & Associates for advice from our respected, experienced, and knowledgeable divorce and family law attorneys. Charles Ullman is certified by the North Carolina Bar as a Specialist in Family Law. Trust us to help you through the legal process efficiently and effectively. We represent clients in Raleigh, Cary, and throughout Wake County, North Carolina. Call us today.
