Divorce

What most people think of as a divorce in North Carolina is called an Absolute Divorce and it is a fairly straightforward cause of action.  A divorce legally breaks the bonds of matrimony and the legal contract between a husband and wife.  A person may file for divorce in North Carolina if he or she has resided in North Carolina for at least six months and the spouses have lived separate and apart for at least one year with the intent to remain separate and apart.  However, even if you choose to file your own divorce action, it is important to consult with an attorney prior to filing since some legal rights are forever waived or “given up” if they are not addressed prior to the entry of a divorce judgment.

At Midtown Divorce & Family Law, we strive to make legal representation for a simple, uncontested divorce as affordable as possible.  We charge a flat fee of $750* for an uncontested absolute divorce in Wake County*, North Carolina and this includes all court costs, filing fees, service upon your spouse by certified mail (your fee would increase by $20 if service by sheriff is necessary), and any legal administrative fees charged by our firm.  You need not even appear in court; we will handle everything on your behalf and then hold all your documents in our office for pickup by you or mail them to your home address after the hearing.

*Please note that if your spouse cannot be served, files an Answer that contests any part of your Absolute Divorce Complaint or makes any counterclaims, this flat fee does not apply.

*Please call for uncontested absolute divorce fees for Chatham and Johnston Counties.

Contesting

If you are served with a divorce complaint, it is very important to consult an attorney to ensure you are not giving up any potential marital claims.

Refusal to Sign

A question that comes up from some clients is whether or not someone can divorce without the other party’s knowledge or refusing to “sign for the divorce.”

Bed &Board

There is another type of “divorce” action in North Carolina called a Divorce from Bed and Board, however this term is a bit misleading since it is not truly a divorce but rather the equivalent of a legal separation.