Divorce costs can range widely. According to our 2019 survey, those who hired full-scope attorneys paid the highest legal fees.
Long legal proceedings incur attorney fees and court costs that must be paid, so it’s wise to try settling any contested issues through mediation or collaborative divorce if possible.
Costs for Uncontested Divorces
Divorces tend to be less costly if both spouses can reach an agreement on all issues such as child custody, support payments and property division. If this can be accomplished either alone or with assistance from a mediator, you may not even require legal representation as an uncontested divorce will ensue.
However, if you and your spouse cannot reach an agreement on all issues surrounding the divorce, it will become contentious. When this occurs, attorneys are needed to assist; hourly or case fees can quickly add up and can become prohibitively expensive.
In contested divorce proceedings involving children or custody disputes, judges often require an independent custody evaluation, which can cost upwards of $1,000 depending on where you live and whether the county evaluator or private evaluator is used.
Costs for Contested Divorces
Your divorce costs depend on what issues are at play between you and your partner, including child custody, support payments or property division. Divorces with contentious issues like these typically cost more; experts such as real estate appraisers, forensic accountants or custody evaluators may be necessary in certain situations.
If you and your spouse cannot come to an agreement about the terms of your divorce, court involvement will likely be required and result in substantially higher attorneys’ fees than in an uncontested divorce.
According to our survey, people who used full-scope attorneys (which means their lawyer handled every aspect of their case) spent on average an estimated amount of $11,300 in attorneys’ fees. Trial costs increased substantially when one or more issues went to trial – however you could save on these fees by opting for unbundled legal services, also known as limited scope representation.
Costs for Filing a Petition for Divorce
Filing for divorce requires paying filing fees, which cover costs such as photocopies, notary fees, mailing, process server fees and court charges. Fees will differ depending on your state and county of residency.
Your spouse must also be served with divorce papers – this is a legal requirement even in uncontested divorces – in order to complete their part in your proceedings and avoid delays or default judgments that might need to be challenged later on. If they ignore or mishandle this paperwork, this could delay or lead to default judgments which you might need to contest later on in court.
If you and your spouse can reach an agreement on any contested issues in your divorce, hiring a mediator could reduce the costs associated with legal process and reduce legal fees significantly. Furthermore, unbundled legal services or limited scope representation could save on legal fees significantly as attorneys only handle specific aspects of case; this can save thousands in fees.
Costs for Legal Aid
New Yorkers typically pay between $175-325 an hour for legal representation during a divorce case, and its complexity will dictate its cost. Contested divorces where disputes exist over issues like property division or custody require more time in discovery (gathering documents), court hearings and negotiations sessions to resolve. If your spouse disputes anything regarding custody, visitation, visitation rights or parenting responsibilities then expert witnesses such as real estate appraisers, pension/retirement account appraisers, child custody evaluators or financial experts could become necessary in these instances.
If all major issues of your divorce can be settled amicably, an uncontested divorce could cost as little as $5,500 or less. If custody, visitation, or support issues cannot be agreed upon between partners, mediation services may be available at low costs or free through your county or state-sponsored programs; online divorce services can assist with identifying which forms are needed and helping prepare them correctly.
