much do you charge for a divorce?
- $1,500, which includes the $225.00 filing fee, motion
and service fees.
I do the divorce myself?
- The Wake County Clerk’s Office does have a pro se
divorce packet, which you may fill out. We often have people come to us
after trying to go through the divorce process himself/herself because
they find the pro se packet too difficult to complete on his/her own. If
you make a mistake, often you must start over.
can I get divorced in NC?
- After you and your spouse have been physically
separated for at least one year with at least one of you intending for the
separation to be permanent.
there anything I should be aware of before I file for divorce?
- If you do not have an executed Separation and Property
Settlement Agreement or you do not have pending or resolved claims for
post-separation support, alimony, and/or equitable distribution, and those
matters still need to be resolved between you and your spouse, then you
should try to reach an agreement on those matters or file those claims
simultaneous with filing for divorce. If you obtain a divorce judgment and
those matters have not been resolved or are not pending, then you are
forever barred from filing any of those claims post-divorce.
we need to have a Separation Agreement before we get divorced?
- It depends on your situation. We recommend coming in to
speak with a lawyer to see if you should have an executed Separation and
Property Settlement Agreement prior to obtaining a divorce.
I have to get divorced in the county or state where my spouse lives?
- No, you do not. You may obtain a divorce in any county
in North Carolina as long as either you live in North Carolina or your
spouse lives in North Carolina, and one of you has lived in North Carolina
for at least 6 months.
my spouse have to sign anything for the divorce?
- It depends on how your spouse is served with the
Divorce Complaint. If your spouse is served via certified mail, then he or
she will need to sign the green certified mail card confirming that he or
she received the documents in the mail. If your spouse is served by
sheriff, then there is nothing that must be signed. Once your spouse is
legally served, we can obtain your divorce.
long does it take to get divorced?
- Typically, 45 days from the date your spouse is served.
there a divorce hearing?
- It depends. In Wake County, we may be able to obtain a
divorce by clerk rather than by the judge. However, the clerk is only
authorized to grant divorces in limited circumstances.
I resume my maiden name?
- You can to resume your former name
in a Divorce Complaint. If you do not, you can still resume your formal
name. Regardless of your Divorce
Judgment, to legally resume your maiden name and to update your driver’s
license and social security card, you must complete a “Resumption of
Former Name” form after you are divorced, and file that form at the
courthouse. Then, you may take that form to the DMV or Social Security
Administration to legally change your name.