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On average, a divorce costs about $15,000 for each spouse, with prices ranging anywhere from $10,000 to $20,000 in the US for 2019. *Disclaimer – this is not an actual quote for your divorce. Legal fees are estimates. The estimates are based on similar types of cases. There is no guarantee as to legal fees or costs in any case, and there is no guarantee as to the outcome of any case. You should consult an attorney for an evaluation of your individual case, as the costs and outcomes can vary from case to case. Contact Moshier Law at 480-999-0800 for more information.
Making the decision to end your marriage is never simple or easy, but one of the major factors beyond the societal and emotional relationship’s ending is the cost. In a lot of cases, the legal fees are the biggest expense in a divorce. Planning ahead will save you money in the long run.
How Much Does a Divorce Cost on Average in 2024?
The national average cost of a divorce is about $15,000 each. This includes court costs, attorneys’ fees, and the cost of hiring outside professionals such as tax advisers, child custody assessors, and/or real estate appraisers.
The time it takes to get divorced is a big determining factor of the overall cost. For example, the average divorce takes somewhere between 4 months and 11 months. And if there is a trial, it can take beyond a year.
What Factors Influence the Cost of Divorce?
The average cost of divorce is a difficult question to answer. The cost depends on a couple of factors – whether you both agree on particular things, and if either of you needs or wants to hire an attorney.
Factors influencing the average cost include:
- Mediation
- The hourly rate of attorneys versus a retainer fee
- If the divorce is uncontested or contested
- Child(ren) custody assessment
- The location of where the divorce is being filed, and the local filing fees
- Child(ren) custody
- Spousal Support
One thing to understand is that a divorce is, basically, a lawsuit. Once one partner files for divorce, they’re suing for divorce.
What if You Both Agree?
The more unresolved issues or factors by the one filing for divorce and the other person, like custody or children’s care or property maintenance, or other shared holdings like pensions, investments, financial support, it is more likely to cost the person filing for divorce. The more resolved issues by each party, it is likely to cost less.
If you both agree on major issues, you can file for an uncontested divorce – the least costly – which could cost you under $500 if you file and write your own divorce documents. Each state charges their own costs for filing for divorce, even uncontested filings, so an exact cost is unforeseen. A lot of states can also grant the one filing a filing fee waiver based on income. For uncontested divorces, if the state where either of you file has a required waiting period, once that is completed, the divorce is final. An uncontested divorce is the least costly, and the most direct because there are no lawyers or mediators needed to help each party agree with the other.
The Average Cost of a Divorce Not Using a Lawyer
The filing fee is the minimum charge on a divorce. Filing fees may be from around $70, the lowest, in Wyoming, to $435 in California. If you hire a lawyer, these fees are typically part of the retainer.
Not many couples can identify, agree on, and respectfully divide assets in a divorce devoid of a lawyer. If there are no children involved, and there aren’t many assets – if you got married owning your own cars and renting your home, for example – and agree that no alimony is needed for either party since, it was a short-lived marriage, and you can do it online yourself.
One person is required to file a legal request for the dissolution of marriage with the local county court clerk. As said before, each court has a filing fee. The average is $300, but may be around $500 in some states, such as California.
When filing a divorce appeal, you are also required to serve the divorce papers, to the other. In a divorce case, the papers can be served by mail or in person. In online cases, the “do-it-yourself” divorce, the person who initially filed the request, typically submits the summons and a petition with the local sheriff’s department for the papers to be served by law enforcement or organizes for a private process server to serve the request – a signature from the other person declaring that they want to contest it or agree to the terms. Using a private process server to serve the other typically costs around $50.
A lot of states, such as California, have resources online for filing for divorce, including forms for responding to a divorce filing. Some state websites have sources for filing online for a support request, an annulment, or to end or change the order for child or spousal support.
The Average Cost of a Divorce Using a Lawyer
When significant assets, spousal support, or child custody are at stake, both parties usually benefit from individual legal representation.
Lawyer Fees and Billing
Hiring a lawyer increases costs, ranging from a few thousand dollars to tens of thousands, depending on billed hours. Lawyers charge for various tasks, including consultations, emails, court preparation, text messages, depositions, discovery, document prep, and research.
Uncontested Divorce Costs
An uncontested divorce with a lawyer averages around $1,000, but in high-cost states like New York or California, it can reach $3,500-$5,000. Contested divorces, unresolved on critical issues, may cost thousands or more. Trials may escalate expenses to over $20,000.
Hourly Rates and Retainers
Family law attorneys charge $150-$250 per hour, with some reaching $650 for complex cases. A retainer covers court fees, filing fees, and the lawyer’s time. Hourly rates depend on the attorney’s experience and the complexity of the divorce.
Child Custody Assessments
Contested divorces involving children may require custody assessments, costing $1,000-$2,500 if court-appointed or $10,000 or more for private assessors.
Spousal Support Decisions
Determining spousal support can be time-consuming and raise overall costs.
Limited Scope Representation
Cut costs with limited scope representation, where a lawyer handles specific aspects of the case, such as document review, at an agreed-upon cost.
Trials and Hearings
Trials increase costs, involving expert witnesses and additional expenses. Judges often encourage settlements to avoid trial costs.
Child-Related Expenses
Disputes related to visitation, child support, and custody increase expenses, emphasizing the importance of agreements.
Uncontested Divorce and Online Options
An uncontested divorce with mutual agreements can significantly reduce costs. Online divorce services may charge for preparing papers, and some offer attorney review.
Mediation and Collaborative Divorce
Mediation involves a neutral third party, costing a few thousand to $10,000 on average. Collaborative divorce, with each party having an attorney, saves on litigation costs if agreements are reached.
In conclusion, divorce costs vary based on factors like attorney fees, case complexity, and the need for additional assessments or trials. Uncontested divorces and alternative methods like mediation or collaborative divorce offer potential cost savings. Couples should explore their options to make informed decisions based on their unique circumstances.
Source:
- Miller, Terin. “How Much Does a Divorce Cost on Average in 2019?” TheStreet, 8 Mar. 2019, https://www.thestreet.com/personal-finance/education/how-much-does-divorce-cost-14882536.
