How much does a divorce cost? The complete breakdown

If you're considering a divorce, you know there are a variety of factors to consider, from hiring an attorney to how to afford the divorce. Here's what you need to know about the costs of a divorce. One of the most common questions people have is, "How much does a divorce cost?"

Unfortunately, there's no simple answer to the divorce lawyer cost question or the average fees for a divorce. The costs for a divorce process vary, depending on such factors as whether or not you and your spouse agree on the major issues, and whether you will require the services of lawyers. The average total cost of divorce can range from about $500 to $11,000 and higher.

There are ways to get divorced without spending a fortune. 

What is the average cost for a divorce process?

Whether you use a lawyer or not, you always have to pay a filing fee to begin your divorce, which usually costs several hundred dollars. The court fees are the same whether you and your spouse come to an agreement or have to go to trial. If you hire an attorney, you will pay legal fees in addition to court costs.

Average costs for divorce lawyers is a relative term. Different factors determine whether the lawyer's fees will be on the high or low end of the spectrum. Things that factor into the overall cost of a divorce include:

• Where you're getting divorced
• Whether you agree on the reason for the divorce
• Whether your divorce is a contested divorce
• Whether you're using a lawyer for your entire divorce or only part of it
• Whether you have minor children
• Whether you agree about child custody for minor children
• Whether custody evaluations are necessary
• Whether child support for minor children is an issue
• Whether either spouse is seeking alimony (also called spousal support or spousal maintenance)
• Whether domestic violence is an issue
• Whether there are a lot of marital property and if you agree on property division
• Whether there are complicated assets, such as family-owned businesses
• Whether your spouse tries to hide assets
• Whether you're doing it yourself
• Whether you're doing your divorce online with an online divorce provider
• Whether you're using mediation or collaborative divorce
• Whether you agree with your spouse about most issues
• Whether you need to go to trial
• Whether there are other expenses, such as expert witnesses

What is the cost of divorce if both parties agree?

If both parties agree on all major issues, including spousal maintenance, custody of minor children and property division, known as an uncontested divorce, you can keep the court costs relatively low by filing a joint petition without legal representation. If you do your own divorce without hired divorce lawyers (divorce forms are available online on most state court websites), reach a settlement agreement and your divorce is amicable, average fees could be under $500, depending on the divorce filing fees in your state. Unless you get a waiver based on your income, you must pay filing fees.

You may also have to pay a process server to have legal process served on your spouse (basically handing them the paperwork). Average total fees for this are $50 or less for a process server, depending on where you live.

How much does it cost with a divorce lawyer?

If you and your spouse each work with a law firm and hire lawyers, the average cost of divorce for experienced family law attorneys fees in the U.S. is $11,300. These are the average fees, which means your case could cost a lot more or a lot less. The median cost of experienced attorneys' fees is $7,000. If you and your spouse are able to come to an agreement quickly, you won't pay this much. But if you have to go to a trial, you will pay a substantial amount, which could be more than the average fees if your case is complex.

How do lawyers bill?

Law firms bill by the hour in most situations. The average fees for an attorney's rate is $270 an hour, but can vary from several hundred dollars to more than $500 an hour if you use a full scope divorce lawyer, a lawyer who handles every step of the process. This also varies with the lawyer's location, experience, and the complexity of your case.

Most lawyers require a retainer fee or deposit upfront when you hire them, which may be several thousand dollars.

Factors that affect lawyer fees in a divorce

The total divorce attorney cost depends on a variety of factors, however. The first issue is whether you and your spouse are in agreement about all of the issues in the divorce. If you agree on everything, you have an uncontested divorce. All that is left to do is file the divorce petition and the other papers. Some lawyers charge a flat fee for this service, while others charge by the hour. The average fees for divorce in this situation is low, often under $1,000 for attorney fees, plus filing fees.

Contested divorces occur when you and your spouse are not in complete agreement about all of the issues in the divorce. Your lawyer will first try to work out a divorce agreement with your spouse's divorce attorney. Many cases settle before trial, but this may not happen until just before the trial.

Typical divorce costs for a contested divorce include the cost of discovery, the process by which your lawyer gathers evidence, as well as trial preparation. There are many forms that must be completed at various stages of the process. The cost of a contested divorce varies depending on how complex your case is.

The cost of getting divorced—utilizing the services of a lawyer—varies from several thousand to many thousands of dollars. Lawyers often charge by the hour, but divorce attorney fees vary depending on where you live. For example, a divorce in New York City will cost more than a divorce in Vermont.

Keep in mind that lawyers charge for:

• Phone calls
• Writing and reviewing emails and text messages
• Preparing for court
• Preparing for depositions and discovery
• Preparing and reviewing papers
• Legal research
• Travel time to court from their office

The cost goes up considerably, from several to many thousands of dollars, if you have a hearing or trial. Sometimes trials require the expense of several expert witnesses. This is why most divorces end up settling, as trials are often too expensive.

Costs also increase if you have minor children, because custody, visitation, and child support are additional issues you must resolve.

How can you reduce lawyer costs?

If you use a lawyer just for reviewing documents for uncontested divorces, you will cut thousands of dollars from your attorney fees. You can also agree with your divorce attorney that you'll only access them for some services and not others. For example, you can agree to pay for preparing and reviewing papers, but not for phone calls and emails.

You can substantially reduce costs, even if you use a lawyer, if you use the lawyer for only part of your case. Unbundled legal services occur when you use a lawyer for just part of your divorce. Also known as limited scope representation, this allows you to decide what part of the divorce you want your lawyer to handle.

Being mindful that time equals money will help keep your divorce attorney's fees under control. Follow these tips for keeping costs in check:

• Do not talk to your lawyer about anything other than legal matters. Talk with a therapist about the emotional aspect of your divorce. Talk to your friends about your ex's annoying behavior.
• Do not call your lawyer just to check in. They will notify you when there is news.
• Work out as many issues together with your spouse as you can before you get a lawyer involved.
• If you do have a question, talk to your lawyer's legal secretary or paralegal. They bill at a much lower hourly rate.
• Provide your lawyer with as many documents as you can and provide them in an organized way. This will cut down on the amount of time they will need to spend on discovery.

Using an online divorce service is a great way to save costs. The service prepares your paperwork for you and in some states can file it for you. All you do is appear at the final hearing. This method works best for an uncontested divorce.

How much does divorce cost without a lawyer?

A good way to save money on your divorce process is to do your divorce without a lawyer. In many states, this means being pro se. In California, if you file on your own without consulting attorney or behalf, you're pro per. You won't pay any attorney fees.

If you have an uncontested divorce, you and your spouse can create your own agreement. Your costs will include filing fees, serving the papers, and the cost of forms if you use an online divorce provider to get the divorce papers completed online. Online companies charge for preparation of divorce papers, and some companies can have lawyers review them for you. The cost of online divorce services varies, but is usually a few hundred dollars.

If you can get a divorce packet from your court or from your state's website, the papers are usually free.

You can file the papers yourself or with a divorce service. For uncontested divorces where you and your spouse agree, you then appear in court for a brief hearing where the judge may verify some of the information in the forms. Your divorce judgment and divorce decree are issued by the court, finalizing your absolute divorce. This means you have terminated your marriage contract.

How much does a divorce cost by using mediation or collaborative divorce?

Mediation and collaborative law are two alternatives to traditional litigation that can save you a significant amount of money on the cost of a divorce.

Mediation

The average cost of the divorce process is much less than a trial if you use a mediation process, in which you and your spouse meet to resolve issues with a neutral third party. You and your spouse negotiate together with guidance from the mediator. You make your own decisions about how to resolve your divorce.

Average fees for mediation can still cost anywhere from several thousand dollars to $9,000, depending on how involved it is. A mediator's average hourly rate is usually less than a divorce attorney. However, you both are usually required to hire consulting attorneys who will review your agreement and file it with the court system.

Collaborative divorce

Collaborative divorce is also less expensive than a divorce that goes to trial. This method requires that each party get an attorney. You, your spouse, and the two attorneys will sit down in an office, usually for several meetings, and try to settle. The attorneys both agree that they will not take the case to trial and will only work to reach a settlement. If the meetings result in an agreement, you avoid litigation costs. The attorney's fees are usually billed at their regular hourly rate.

Benefits and drawbacks

Both of these processes are also faster than a litigated divorce and can be done at your own speed, without having to wait for an opening on the court calendar.

Mediation teaches you conflict resolution skills so that you and your ex may be able to resolve future disagreements over things like custody or child support without going to court.

Both processes allow you to end your divorce in a civil, collaborative way and avoid the trauma of a trial and the associated bad feelings that often go with it.

It's important to note that in both situations your divorce agreement must still be filed with the court as an uncontested divorce process (a divorce in which you and your spouse have come to agreement so no trial is necessary) to become an official divorce judgment. You can file it yourself, use an online divorce provider, or pay a lawyer to do this for you.

How much does a legal separation cost?

In many cases, a legal separation is as expensive as a divorce. Discuss this with your lawyer to see if there's any advantage to getting separated, or if your state requires a legal separation before you can file for divorce, whether it is contested or an uncontested divorce. It is important to remember that a legal separation does not end your marriage, but divides your property and determines other issues like child custody.

Divorce is a complex and technical process. However, it does not have to be hugely expensive. Take the time to consider options that will allow you to control divorce costs before moving forward.

FAQs

Is a no-fault divorce less expensive than another kind of divorce?

The legal reason for the divorce is called the grounds. Every state has a no-fault grounds which means blame is not placed on either spouse for the end of the marriage. If you or your spouse wish to use other grounds for divorce (such as adultery, abandonment, imprisonment, etc.) the cost of a divorce may be more if you do not agree on this grounds because you will pay more in attorney fees.

In that case, there is a grounds trial in which the court determines if a divorce is warranted. This is an added expense. A no-fault divorce skips this expense. It's important to note that no-fault divorces are not the same as uncontested divorces. You and your spouse might agree to a no-fault divorce, but you have not reached a settlement on things like property division, child custody, alimony, or child support.

The filing fees and court costs for a no-fault divorce and a fault divorce are the same, so that expense remains the same.

How can I afford divorce costs?

If you follow the tips in this article to reduce your divorce costs, but still find that the expense to be more than you can manage there are some options to consider. If you are working with a lawyer you ask if they will allow you to pay on an installment basis. You also can ask your lawyer if it is possible that the court might order your spouse to pay for your legal bills. In some areas, a legal aid agency might offer free or reduced fees for legal help. Legal aid agencies are usually only available if your income qualifies.

Is an annulment cheaper than a divorce?

An annulment is different than a divorce. An annulment is a determination that your marriage was not legally valid when it was entered into. The annulment legally erases it, as if it never happened.

To qualify for an annulment, you must prove that the marriage was not legal, such as one person was underage or not mentally capable of consenting, one person was already married, the spouses were too closely related, one person was tricked into marrying, or the marriage could not be consummated due to a physical impairment.

Annulments are usually less expensive than a divorce because they are usually obtained soon after a marriage happened, and there is less property to divide.

Do lawyers handle divorce on a contingency basis?

It is common for lawyers who handle personal injury cases to charge a contingency fee. This means that they get paid only if they win the case. They take a percent of the settlement or award you receive.

Divorce and family law attorneys do not take cases on a contingency basis. Most charge an hourly fee for their services, although some offer flat legal fees for simple uncontested divorce.