How Much Does Divorce Cost?

When most people think of divorce, they tend to think of the emotional impact and the way ending a marriage can change people’s lives. But divorce also has a notable financial impact, which can add to the overall challenge of getting divorced.

There are many complicating factors, and the costs can vary widely depending on myriad variables — including whether children are involved, the length of the marriage and much more — but the bottom line is that divorce can indeed be expensive.

How Much Does It Cost to File for Divorce?

The average cost of a divorce in the United States ranges between $15,000 and $20,000, but it can vary dramatically depending on the level of enmity between the couple, whether the couple had children and even the state they reside in. Here’s everything you need to know to help you determine what your divorce may cost.

What Is the Cost of Divorce by State?

The cost of divorce fluctuates wildly based on many factors, including the state where the proceeding occurs. The table below shows the median costs for each state in the U.S., according to Forbes. Please note that Forbes did not include Delaware due to some statistics being unavailable.

How Much Do Divorce Lawyers Cost?

The cost of hiring a divorce lawyer can also vary depending on factors such as complexity of the divorce case, whether the couple had children and the lawyer's experience. Fees typically range from a few thousand dollars to tens of thousands, and there may be additional costs such as court filing fees and other expenses during the divorce process.

What Are Attorney Fees Per Hour?

Divorce attorneys commonly bill clients on an hourly basis, and rates can vary depending on many different factors. In general, rates for divorce lawyers who charge by the hour are higher than those who charge a flat fee. Costs might range from $150 to $500 per hour, though rates can be higher for highly experienced attorneys or in regions with a higher cost of living.

What Is A Retainer?

A retainer refers to a fee that is paid upfront to a lawyer to secure their services for the entirety of a case — in this case, the divorce. This fee is typically based on the lawyer’s estimate of the hourly rate multiplied by the expected number of hours that the case will last.

What Is Pro Bono Representation?

Pro bono is a Latin term meaning “for the public good,” and it refers to legal services provided by a lawyer at no cost or for a reduced fee. Lawyers typically provide pro bono representation for individuals who have financial hardships and are have a hard time paying standard legal fees.

Is Legal Aid Available?

As discussed, divorce can be expensive — but it should be an option for everyone, regardless of their financial status. An internet search can find options for people who lack resources, and there’s even a federal government website that can help people find representation. Typically, eligibility is based on one’s income in relation to the Federal Poverty Line, and organizations that offer full representation have stricter eligibility standards than those offering legal advice only.

How Much Is A Divorce Without An Attorney?

As you might expect, it’s cheaper to get divorced if you don’t hire an attorney, but could be more headache as legal complications can arise that make the whole process much more problematic. Also, there are some costs even if you don’t hire an attorney, and they can add up.

Costs that are inherent in the divorce process include:

• Real estate appraisal: Divorcing couples often need a real estate appraisal to assess the value of any shared property, which helps to ensure an equitable division of assets. An appraisal provides an unbiased, professional evaluation of a property, which can prevent disputes over the property's worth.
• Tax accountant: Couples’ financial lives get intertwined when they are married, so an accountant plays a crucial role by providing economic insight into this (possibly) complicated situation. An accountant can analyze complex financial documents, investments, real estate holdings and more to ensure an equitable division of assets.
• Process server: During a divorce, it’s crucial that documents, such as summons and petitions, are delivered from one party to the other. A process server delivers these documents, ensuring that all parties are properly notified of legal proceedings, maintaining transparency and creating a standardized divorce process.
• Courtroom expenses: Myriad courtroom expenses accumulate during the divorce process, including attorney fees, filing fees and costs associated with depositions and hearings. Each court appearance or motion filed typically incurs additional costs, contributing to the overall expense of the divorce.
• Filing fees: Filing fees for divorce proceedings can vary depending on jurisdiction, but they typically range from a few hundred to several hundred dollars. These fees cover the cost of initiating the divorce case in court and are separate from attorney fees or other associated expenses.

What Other Factors Can Impact Divorce Costs?

Other costs of a divorce will depend on a couple’s particular situation. They include:

Alimony

Alimony refers to the legal obligation that one spouse has to provide financial support to the other after a divorce. Alimony is typically based on factors including the length of the marriage, each spouse’s income and earning potential, and their respective financial needs. Alimony is also sometimes referred to as spousal support or maintenance.

Child Support

If the divorcing couple had children, child support is a way for one spouse to help the other provide for the upbringing and care of the children. The costs vary based on several factors, including the number of children, the children’s age, the parents’ income and much more. Also, different states have different laws regarding the degree of child support, so where you live plays a key role in how much you will owe if you get divorced.

Property Refinancing

If the divorcing couple owned property together, their property may need to be refinanced. Property refinancing in the context of divorce typically means that one spouse takes over the mortgage of a previously jointly owned property by obtaining a new loan in their name only. Refinancing, then, is a necessary step to remove one spouse's financial and legal obligations from the property.

FAQs About The Cost Of The Divorce Process

Getting divorced is a complicated process, and many questions arise about it — and the economics involved. Here are some of the most common questions:

Does mediation lower the cost of divorce?

Yes, mediation, an alternative to trial, typically lowers the cost of divorce compared to traditional court proceedings. By creating channels of open communication between (soon-to-be-ex) spouses with a neutral moderator, mediation typically requires fewer hours of lawyer work and reduces the need for costly court hearings. Additionally, mediation typically requires fewer hours of attorney involvement, further decreasing legal fees.

How long will a divorce take?

The length of the divorce process can take anywhere from a few weeks to a year, depending on your location and complexity of the relationship. One factor to consider is that some states impose a waiting period before a divorce can be finalized, while others don’t. Also, a contested divorce takes longer to conclude than an uncontested divorce.

Can divorce impact my Social Security benefits?

If you get divorced, your ex-spouse can receive some of your Social Security benefits if several criteria were met, including whether your marriage lasted 10 years or longer, their marital status and their age (whether they are 62 or under). There are several other factors that affect Social Security benefits, so be sure to research the issue fully if you are considering divorce.

Can a divorce be uncontested?

Divorces can be contested or uncontested depending on the level of agreement the couple was able to reach. As stated, divorces contain myriad complicating elements, including child custody, division of assets and alimony, which can lead to extensive courtroom litigation. However, if a couple is able to resolve their relevant issues without court intervention — typically through negotiation, mediation or old-fashioned collaboration — they can file an uncontested divorce. These are generally faster, less expensive and less adversarial than contested divorces.

The Bottom Line: Divorce Comes With At Least Some Costs

In summary, divorces aren’t just emotionally draining — they can drain your finances, as well. But the costs of divorce vary, and factors that contribute to the differences in costs range from number of children (if any) involved to what state you live in. Regardless, having a good handle on your finances is a critical part of creating a relatively smooth divorce process, and the Rocket Money℠ app can help you confidently and capably manage your money.