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Simple Divorce Costs Rise in North Carolina

8/4/2011

 

North Carolina instituted a number of court cost increases that became effective in the months of July and August, 2011.  Increases affect both civil and criminal cases, and impact even the simplest of matters.  Here we discuss the impact on simple (or absolute) divorce.  

Before July of this year, the filing fee for divorce was $175 (or $185 if a name change was involved), which included district court costs of $100 and a $75 absolute divorce fee.  If the plaintiff wished to have papers served by the sheriff, it would cost another $15.  These amounts would all be paid at the time the complaint was filed.  That was it.  Even as the case proceeded, the absolute divorce would generally cost $200 or less in court costs.

Over recent months, civil court costs have increased in both amount and type, and the cost of a simple divorce has become slightly more complicated.  

First, base civil district court costs have increased by 50% and are now $150.  The fee for filing for absolute divorce remains at $75 and the fee for resumption of a former name remains at $10, for a total of $225-$235.  The cost of each item of civil process served by the sheriff has doubled to $30, so simply filing for absolute divorce can now cost $265.

In addition, new legislation under N.C.G.S 7A-305(f) provides for a motion fee of $20, which applies to motions contained in any filings.  Thus, any subsequent pleading that contains a motion will cost another $20.  In many instances of absolute divorce, the plaintiff's attorney can save her client the hassle of ever having to appear in court by using summary judgment divorce.  Basically, if the defendant does not file an answer within 30 days (the only defense to divorce based on one year's separation is that the couple has not in fact been separated for one year), the plaintiff and/or his attorney files a motion for summary judgment and the divorce can be granted without either party ever appearing in court.  This convenience will now cost the plaintiff $20.  Suddenly, a simple divorce can cost $285, which is 42.5% more than it cost earlier this year.

Attorneys and their clients may be looking for ways to reduce the impact of the cost increases.  First, the plaintiff or his attorney can serve the defendant by certified mail, return receipt requested, which today cost me $5.59.  In addition, the plaintiff can opt to appear in court and avoid the $20 motion fee for the motion for summary judgment by testifying.  These two changes alone will save your client around $45, and if the client opts out of a name change, nearly $55 in savings can be achieved.  In my opinion, it generally makes sense to forego the service by sheriff, but the time and effort saved by the use of a motion for summary judgment is likely worth the $20 spent.  That said, the best way to proceed should be determined by the client and his attorney based on the specific situation.

Absolute divorce can be a great option for individuals without children and who have minimal assets.  It can also be beneficial for separated couples who remain amicable and/or who have separation agreements in place.  In an absolute or simple divorce, the only matter before the court is the actual divorce.  Matters of custody, child support, alimony, and equitable distribution are generally not involved and are handled separately.  


For more information regarding North Carolina absolute divorce, contact simple divorce attorney Kelly B. Myers.  Kelly Myers handles absolute divorce as well as separation agreements in Mecklenburg County, North Carolina.

Getting Pulled Over Will Now Cost You More

8/3/2011

 
North Carolina has initiated two court cost increases in as many months, and they may be just warming up.  The memoranda distributed by the North Carolina Administrative Office of the Courts regarding the increases indicate that there will be more changes to court costs before the end of the year.  

The first cost increases became effective July 1, 2011 and the second became effective Monday.  The cost increases apply to both civil and criminal matters, and heavy-footed North Carolina drivers will definitely notice.  Court costs for traffic matters increased $29 for the month of July are up $47 as of this month.  The base court costs are now $188 for traffic infractions, and $190 for traffic misdemeanors.  This is in addition to the fine assessed for the specific offense, which generally ranges from $10 to $100.  What's more, there is a new Improper Equipment fee of $50, which may come as a costly disappointment for drivers and their attorneys in Mecklenburg County, where improper equipment just became accepted as a reduced plea in certain cases at the beginning of this year.  One thing is for sure, speeding and getting pulled over in North Carolina is costing drivers more and more.  

One thing that doesn't change is that no driver should simply pay a traffic citation.  While changes are underway and court costs are increasing, many traffic ticket charges can still be reduced through negotiations with the District Attorney.  Often, these efforts reduce or eliminate the impact on insurance premiums.  Even with the new improper equipment fee, the extra $50 one spends in the short term will be preferable to the amount insurance premiums can increase for a three year period following a conviction for a moving violation.  A skilled attorney can help North Carolina drivers reduce the cost and impact of a speeding ticket both in the short term and the long term.  The lawyer will analyze charges and driving records to best negotiate with the District Attorney for a reduction or dismissal.

Meckenburg County Ticket lawyer Kelly Myers handles citations and speeding tickets in Mecklenburg County Court in Charlotte, North Carolina.  Contact the Lake Norman law office  of Kelly B. Myers to negotiate on your behalf.  While you will now pay more for court costs, you will save money on insurance premiums and, in most cases, will never have to appear at the office or in court.

    Author:

    Kelly Myers is an Attorney practicing in Cornelius (28031) and Lake Norman, North Carolina.  She handles  traffic and speeding tickets, divorce, and estate planning in Mecklenburg County, NC.  Contact the Law Office of Kelly Myers to speak with a Cornelius, NC lawyer regarding your legal needs.


    DISCLAIMER:
                The material and information contained on this blog is for informational purposes only and no representation is made as to its accuracy. This information is not provided in the course of an attorney-client relationship and does not constitute legal advice. Transmission or receipt of information contained in this site and any related communication does not create an attorney-client relationship. Any communication, via e-mail or otherwise, may not be secure and will not be treated as confidential or privileged. This information should not be used as a substitute for competent legal advice from a licensed attorney. 

    This information does not intend to solicit the business of anyone in any jurisdiction where this web site, its content, or the use thereof, may not be in compliance with any law or ethical rule. 

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