Dec32025
Family Law Q&A Series

What are the typical total costs for an uncontested divorce, including filing and service fees? – North Carolina

Short Answer

In North Carolina, the core court costs for an uncontested absolute divorce usually include the district court civil filing fee, a separate divorce surcharge, and a service fee if the sheriff serves the other spouse. These mandatory charges often total a few hundred dollars, not counting any attorney fees. Additional costs can arise for service by certified mail or publication, motions, or appeals, but a qualifying indigent party may ask the court to waive advance payment of most court costs.

Understanding the Problem

The narrow question is: in a routine, uncontested North Carolina absolute divorce case in district court, what government-imposed costs typically arise, including both the filing fee paid to the clerk and the fees to serve the other spouse? The focus is on court and service charges, not on what a private attorney may charge. The core concern is how North Carolina law structures required court costs and sheriff or other service fees for an uncontested divorce started by one spouse after the statutory separation period.

Apply the Law

Under North Carolina law, an absolute divorce is a civil action filed in district court, so the general civil cost rules apply, plus an extra fee for divorce actions, and separate sheriff or publication charges for service. These amounts are set by statewide statute and collected in advance by the clerk, unless the plaintiff proceeds as an indigent. Certain additional expenses, like service by publication, may also be taxed as costs at the end of the case.

Key Requirements

  • Base civil filing costs: An absolute divorce filed in district court is a civil action, so the clerk must assess standard district court civil costs that support the General Court of Justice and local facilities.
  • Additional divorce surcharge: In every action for absolute divorce in district court, North Carolina law adds a specific divorce fee on top of the general civil costs, assessed against the filing party.
  • Service and other assessable expenses: Fees for sheriff’s service, certified mail, and service by publication, as well as certain other litigation expenses, are treated as assessable or recoverable costs in the court’s discretion.

What the Statutes Say

Analysis

Apply the Rule to the Facts: With no specific facts given, consider a typical uncontested absolute divorce where one spouse files in district court, serves the other spouse in-state by sheriff, and does not need any motions or appeals. In that situation, the clerk will charge the basic district court civil costs plus the extra statutory divorce fee at filing, and the sheriff will charge a per-item process fee to serve the summons and complaint. If service requires certified mail, publication, or additional attempts, those expenses add to the total but remain within the category of assessable court costs.

Process & Timing

  1. Who files: The spouse seeking the divorce (plaintiff). Where: In the District Court Division through the Clerk of Superior Court in a North Carolina county where venue is proper. What: A civil summons and verified complaint for absolute divorce, plus any required local cover sheets. When: After meeting the statutory separation and residency requirements for an absolute divorce.
  2. At filing, the clerk collects the standard district court civil costs and the additional divorce fee, unless the plaintiff has been allowed to proceed as indigent. The clerk issues the summons for service, and the plaintiff typically delivers it to the sheriff or uses another authorized method. Service by sheriff usually occurs within several weeks, but timing can vary by county workload.
  3. Once service is complete and any response period has run, the plaintiff can schedule the absolute divorce for hearing or summary judgment as permitted by local practice. At the end of the case, the court can tax allowable costs, including service, certified mail, and publication expenses, between the parties in its discretion, and a final Judgment of Absolute Divorce is entered.

Exceptions & Pitfalls

  • Parties who qualify as indigent in a civil action may seek to file without paying advance court costs; however, this requires court approval, and not all expenses (such as certain private service costs) are automatically waived.
  • If the defendant cannot be served by sheriff or certified mail and service by publication becomes necessary, newspaper publication charges can significantly increase total costs beyond the basic filing and service fees.
  • Using multiple or repeated service attempts, filing motions that carry motion-hearing fees, or appealing orders can add to the overall court costs, even in a case that remains uncontested on the merits.

Conclusion

For an uncontested absolute divorce in North Carolina, the typical mandatory costs consist of the standard district court civil filing fees, a separate statutory surcharge for absolute divorce actions, and a per-item sheriff’s fee or other approved service expense to serve the other spouse. These amounts are due at filing and service unless the court allows indigent status. The most important next step is to confirm the current filing and service fee amounts with the local Clerk of Superior Court before opening the case.

Talk to a Family Law Attorney

If someone is facing an uncontested divorce and wants to understand likely court and service costs under North Carolina family law, our firm has experienced attorneys who can help explain the current fees and options for managing them. Call us today at 919-341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.

Category: Family Law Q&A Series

Author: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.