An uncontested divorce offers couples in Asheville a more peaceful and cost-effective way to end their marriage—but that doesn’t mean it’s free or even inexpensive. While uncontested divorces are significantly less expensive than contested ones, there are still several costs to consider. From court filing fees to service of process, attorney flat fees to hidden administrative expenses, understanding the full breakdown is essential for proper planning.
The goal is to finalize your divorce correctly, without overspending or making costly mistakes that could derail the process. Working with an experienced Asheville uncontested divorce attorney can help you stay on budget while avoiding procedural errors and legal risks.
This article breaks down all the costs associated with an uncontested divorce in Asheville, explains where you can save, and shows how to get the most value out of your divorce without sacrificing quality or peace of mind.
Mandatory Court Costs in Buncombe County
Regardless of whether you use a lawyer, certain costs are unavoidable. These are the fees charged by the Buncombe County Clerk of Court to initiate and process a divorce case.
Filing Fee for Complaint for Absolute Divorce
Cost: $225 (as of this writing)
This is the standard fee to open a divorce case in North Carolina. It must be paid at the time of filing with the Clerk of Superior Court.
Service of Process
The defendant (your spouse) must be formally served with a copy of the complaint and summons. There are three accepted methods:
- Sheriff’s Service: $30 in Buncombe County
- Certified Mail with Return Receipt: Typically $7–$15
- Acceptance of Service: Free (must be notarized)
While using the sheriff’s office is common, choosing certified mail or having your spouse sign a notarized acceptance form can lower this expense.
Motion for Summary Judgment or Hearing Fee
There is currently no additional fee in Buncombe County for scheduling a simple uncontested divorce hearing or filing a summary judgment motion.
Certified Copy of Divorce Judgment
Once the divorce is finalized, you may need a certified copy of the Judgment of Absolute Divorce for:
- Name changes
- Social Security updates
- DMV records
- Financial institutions
Cost: $10 per certified copy
Other Court-Related Costs
- Copying and printing fees: $0.25–$0.50 per page (varies)
- Notary fees (if not included by an attorney): $5–$10 per document
Legal Fees: Attorney Costs for Uncontested Divorce
Legal fees vary widely depending on the complexity of your case, the quality of the attorney, and the level of service you request. However, most experienced Asheville uncontested divorce attorneys offer flat-fee packages for uncontested divorces.
Typical Flat Fee Ranges in Asheville
| Service Type | Estimated Fee Range |
|---|---|
| Basic uncontested divorce (no kids) | $500 – $1,200 |
| Divorce with children or property | $1,200 – $2,500 |
| Review of client-prepared agreement | $250 – $750 |
| Drafting a comprehensive separation agreement | $500 – $1,500 |
| QDRO preparation (for retirement division) | $450 – $900 |
Some attorneys may bundle services (e.g., filing, drafting, summary judgment) into a single flat fee. Others may charge for each item separately. Always clarify exactly what is included.
Optional Services That May Add Cost
Some uncontested divorces are more complex due to assets, retirement accounts, or children. These may require additional documents and attorney time.
Drafting or Reviewing a Separation Agreement
If you and your spouse want to divide assets, debts, or parenting responsibilities in writing, you’ll need a legally binding separation agreement. Vague or informal agreements are not enforceable in court.
An Asheville uncontested divorce attorney can draft a separation agreement tailored to your needs or review an existing one to ensure it complies with North Carolina law.
Custody and Child Support Provisions
When children are involved, additional care must be taken to draft a parenting plan and calculate support using the state’s guidelines. You’ll need:
- A physical and legal custody plan
- A visitation schedule
- Child support worksheets
- Language regarding health insurance, education, and medical costs
Judges closely review these documents. Failure to follow guidelines can delay the divorce or result in rejected filings.
Retirement Account Division (QDRO)
If either spouse has a 401(k), pension, or similar retirement plan that must be divided, a Qualified Domestic Relations Order (QDRO) is required. This document ensures that the funds can be transferred without tax penalties or legal issues.
A QDRO must be:
- Approved by the court
- Accepted by the retirement plan administrator
- Consistent with the separation agreement
QDROs should be prepared by an attorney or specialist familiar with ERISA and North Carolina law.
Costs of a DIY Divorce (and Risks)
While filing your own divorce might save money upfront, it comes with risks. The average self-represented couple may spend $300–$400 in court costs alone. However, if any of the following occur, those savings can evaporate quickly:
- Incorrect paperwork = court rejection or dismissal
- Improper service = delays or re-filing fees
- Vague agreements = later disputes or litigation
- Missing deadlines = loss of rights to property or support
Couples often return to an Asheville uncontested divorce attorney after a failed DIY attempt, only to spend more correcting the mistakes than they would have by hiring help from the beginning.
How to Keep Divorce Costs Low Without Sacrificing Quality
There are smart ways to manage your uncontested divorce cost without cutting corners. The key is to invest where it matters and streamline where you can.
Agree on All Major Issues Before Filing
The fewer contested issues, the smoother the process. Resolve in advance:
- Property division
- Debt allocation
- Alimony (if any)
- Custody and visitation
- Child support terms
Reaching consensus before seeing an attorney allows the lawyer to focus on drafting and filing—rather than negotiating.
Use a Flat-Fee Attorney
Hourly billing creates unpredictability. A flat-fee Asheville uncontested divorce attorney gives you cost certainty and typically includes:
- Consultation
- Preparation of all required forms
- Filing assistance or instructions
- Separation agreement (if needed)
- Child support worksheet
- Summary judgment motion or hearing preparation
Ask what’s included so you know where your money is going.
Handle Service of Process Efficiently
Rather than paying for sheriff’s service or risking delays with certified mail, consider having your spouse sign a Waiver and Acceptance of Service, which is free and speeds things up—provided your spouse cooperates.
Minimize Number of Certified Copies
Only order as many certified copies of the divorce judgment as you truly need. Most people require one for Social Security and one for DMV or passport updates. Additional copies cost more.
Prepare Documentation in Advance
Gather and organize:
- Tax returns
- Pay stubs
- Bank and mortgage statements
- Insurance information
- Retirement account statements
Bringing a complete set of financial documents helps your attorney draft accurate, enforceable terms without delay or additional meetings.
Final Cost Breakdown: Sample Scenario
Here’s what a typical uncontested divorce might cost in Asheville:
Case Example:
- Married couple with one child
- One home with mortgage
- Each party keeps own retirement
- Agreement already reached
- Attorney prepares all documents, including separation agreement and parenting plan
| Item | Estimated Cost |
|---|---|
| Court filing fee | $225 |
| Sheriff’s service | $30 |
| Certified copy of judgment | $10 |
| Attorney flat fee (full service) | $1,500 |
| Total Estimated Cost | $1,765 |
For simpler cases—no children, no real estate, minimal assets—the total cost can be closer to $700–$1,200. Every case is different, but working with an Asheville uncontested divorce attorney ensures the money you spend is focused on protecting your interests.
Frequently Asked Questions (FAQ)
What is the cheapest way to get divorced in Asheville?
The absolute cheapest method is filing pro se (on your own), paying only the filing and service fees. However, this often results in mistakes. The most cost-effective route is usually hiring a flat-fee Asheville uncontested divorce attorney to get it done right the first time.
Can both spouses use the same lawyer?
No. An attorney can only represent one party in a divorce. However, one spouse can retain the attorney to prepare the documents, and the other may choose to sign independently.
What happens if we agree on everything—do we still need a lawyer?
You don’t need one legally, but hiring a lawyer ensures your agreement is enforceable, filed correctly, and approved by the court.
Are there payment plans for legal fees?
Many Asheville uncontested divorce attorneys offer payment plans or split billing to make the process more affordable.
Can I change my name during the divorce without extra cost?
Yes. If the name change is requested in the complaint and included in the judgment, there’s no extra fee beyond the certified copy.
What if I already filed but my spouse changed their mind?
You may need to transition to a contested divorce. This typically involves additional legal fees and possibly court appearances.
How can I avoid court appearances entirely?
By filing a Motion for Summary Judgment with a proper affidavit, your divorce can be finalized without a hearing—if the judge approves.
Is mediation required in an uncontested divorce?
Not in most cases. Mediation is only required if the divorce becomes contested over custody or property.
Do I need to divide everything 50/50?
No. North Carolina follows equitable distribution, which means a fair—not necessarily equal—division. You can agree to any division the court finds reasonable.
How long does the whole process take?
If filed correctly and both parties cooperate, an uncontested divorce can be finalized in as little as 6–8 weeks after service.
Uncontested divorce is a cost-effective path forward, but it still requires careful attention to legal and procedural details. The biggest expense in divorce isn’t always the filing fee or the attorney—it’s the cost of fixing mistakes that could have been avoided with a modest investment in professional guidance.
Working with an experienced Asheville uncontested divorce attorney ensures that your case proceeds smoothly, your agreements are enforceable, and your future is protected. By understanding the full range of costs—and how to control them—you can complete your divorce with clarity, confidence, and financial peace of mind.
The McKinney Law Group: Flat-Fee Uncontested Divorce Services in Asheville
Looking for a simple, affordable way to end your marriage? If you and your spouse agree on the terms, The McKinney Law Group offers flat-fee uncontested divorce services for clients in Asheville and Buncombe County.
We provide:
✔ Streamlined document preparation and filing
✔ Division of assets, debts, and property without conflict
✔ Child custody and support agreements (if needed)
✔ Clear, step-by-step legal guidance
✔ Fast, efficient resolution through the local court system
Call 828-929-0642 or email [email protected] to schedule your uncontested divorce consultation.