Buzz
While 39% of marriages ultimately end in divorce, most individuals never expect to face this reality when they first marry. As a result, many are caught off guard by the financial implications. Divorce proceedings can cost anywhere from a few hundred dollars to tens of thousands, depending on various factors. Here’s a breakdown of why the costs can vary so much.
What should you anticipate paying?
A NOLO survey reveals that the median cost for a divorce with the assistance of a lawyer is $7,500. This amount can fluctuate based on attorney fees, your location, and whether or not the divorce goes to court for adjudication.
How much does an uncontested divorce typically cost?
An uncontested divorce is generally faster and more affordable since it doesn’t require court hearings. The couple has already agreed on how to divide their assets, enabling them to submit a divorce settlement directly to the court. After the judge approves the settlement, the process is complete. While you technically don’t need a lawyer for an uncontested divorce, many opt to consult one for guidance or to review the paperwork.
At the very least, an uncontested divorce will have filing fees, which average around $300 (for a list of filing fees in your state, click here).
How much does a mediated divorce cost?
A slightly more involved option is mediation, where a lawyer serves as a neutral third-party mediator (another variant is the collaborative divorce). There’s no court ruling involved here—it’s simply a way to resolve issues without the costly time spent in court. A NOLO survey reveals that individuals who chose mediation spent, on average, $970 for mediation services.
What is the cost of a contested divorce?
If necessary, a lawyer will represent you in court, advocating for custody, support, and asset division. Generally, the more complex the case, the higher the cost. This is why 90% of contested divorces are settled before going to court. According to Legal Zoom:
Usually, you’ll be required to pay your divorce attorney a retainer fee, ranging from $2,500 to $5,000. Your lawyer will deduct fees from this retainer until it’s depleted. After that, you may need to provide another retainer or your attorney may bill you hourly. Typical hourly rates for attorneys are between $150 and $400 per hour.
Costs increase significantly if the case goes to trial—you'll be responsible for additional lawyer fees, court costs for child custody evaluators, tax advisors, real estate appraisers, and other specialists. According to a NOLO survey, divorce agreements settled outside of court cost an average of $10,600, but if the case goes to trial, the average cost nearly doubles to $20,379.
As expected, divorce trials are expensive. However, if there’s a major disagreement over a relatively small asset, it’s important to assess whether the prolonged legal battle is worth the cost.
