The cost of a divorce depends mostly on how much you and your spouse disagree. An uncontested divorce you file yourselves may cost little more than the court filing fee, often a few hundred dollars. Hiring attorneys, using mediation or fighting over children and property adds professional time, and a contested divorce that goes to trial can cost each spouse tens of thousands of dollars.
Key takeaways
- Court filing fees are usually a few hundred dollars and can be waived for people with low incomes.
- Attorney time is the largest cost, so every issue you agree on saves money.
- Children, a house, retirement accounts and businesses all add work and expense.
To estimate your own situation, try our free divorce cost calculator. It shows a low and high range for one spouse and lets you enter your local attorney and mediator rates.
What goes into the cost of a divorce?
- Court fees: the filing fee for the petition, a fee for the response in many courts, and smaller fees for certified copies or motions.
- Service of process: having the papers formally delivered to your spouse, unless they sign an acceptance of service.
- Attorney fees: usually billed hourly against an upfront retainer, though some lawyers offer flat fees for uncontested cases.
- Mediation: a neutral mediator’s hourly fee, usually split between spouses.
- Experts: real estate appraisers, business valuators, financial specialists, custody evaluators.
- Other costs: parenting classes some courts require, document preparation for retirement accounts and deed transfers.
Cost by type of divorce
| Type of divorce | What it involves | Relative cost |
|---|---|---|
| Uncontested, do it yourself | You agree on everything and file court forms yourselves | Lowest: mainly court fees |
| Uncontested with an attorney | A lawyer drafts the agreement and paperwork | Low to moderate; flat fees are common |
| Mediated | A mediator helps you settle; lawyers often review the result | Moderate; mediator cost is shared |
| Collaborative | Each spouse has a lawyer, and everyone commits to settling out of court | Moderate to high |
| Contested | Lawyers negotiate and the court decides unresolved issues | High |
| Contested with trial | Discovery, depositions, experts and trial days | Highest |
What makes a divorce more expensive?
Disputes over children
Custody disagreements require more negotiation, sometimes a guardian ad litem or a custody evaluation, and often more court hearings. They are one of the biggest drivers of attorney hours. Our guide to how child custody is determined explains the standards courts use.
Property and money
Dividing a house may require an appraisal and a deed transfer. Retirement plans often need a separate court order, commonly called a QDRO, to split them without tax penalties. A family business may need a professional valuation, which can cost thousands of dollars on its own.
Spousal support
Disputes over alimony add financial disclosure, analysis of incomes and expenses and, in some cases, testimony from vocational or financial experts.
Conflict and communication
Every email, call and court filing is billable time. Spouses who communicate through lawyers about small issues pay for it.
How to keep divorce costs down
- Agree on as much as you can before or early in the process, even if you cannot agree on everything.
- Consider mediation, even for one issue, such as the parenting schedule.
- Ask about limited-scope representation, where a lawyer handles only part of the case, such as reviewing your agreement.
- Organize your financial documents before meeting a lawyer: tax returns, pay stubs, account statements and debts.
- Use court self-help resources and ask about fee waivers if money is tight.
- Keep emotions out of billable time. Use your lawyer for legal questions and a counselor or friends for support.
Who pays for the divorce?
Each spouse usually pays their own attorney. When one spouse earns much more than the other, many courts can order the higher earner to contribute to the other’s legal fees so both can be fairly represented. Filing fees can be waived for people who cannot afford them.
Frequently asked questions
What is the cheapest way to get a divorce?
An uncontested divorce filed without lawyers is usually the cheapest. It works best when there are no disputes about children, property or support.
Is an uncontested divorce always cheap?
It is usually far cheaper than a contested case, but having a lawyer prepare or review the agreement adds cost, and that review is often worth it when there are children, a house or retirement accounts.
Can I get divorced without my spouse’s agreement?
Yes. All states allow no-fault divorce, and if your spouse does not respond after proper service, the court may grant a default divorce. Responding deadlines matter on both sides; our legal deadline calculator helps count them.
Divorce costs vary widely by state and city, and this guide is general information, not legal advice. A family law attorney can give you a quote based on your situation. If you are planning ahead, read what a postnuptial agreement can and cannot do.
