How Much Does Divorce Cost? Prices With & Without a Lawyer

For many divorcing spouses, the cost of the process is a major concern. The possibility of racking up thousands in attorney fees is intimidating, yet divorce can cost much less. Understanding the possible expenses will help you properly budget and figure out the best way to divorce.

Factors in divorce cost

How much divorce costs depends on many factors, including:

• If you hire a lawyer
• If you qualify for legal aid
• Whether you reach a divorce agreement with your spouse
• How long your case lasts
• Where you live
• If you have kids
• If you own a business
• How much property and assets you own
• Whether you'll need expert witnesses

One of the biggest factors is whether you hire a lawyer. A U.S. parent spends a median of $18,000 on the divorce and custody process when both parents have a lawyer — and only $500 when neither parent hires a lawyer (according to a Custody X Change study).

The simpler your case, the less it will cost. If you'll have a bitter battle against your ex, expect your divorce case to last longer and to rack up more bills. The best way to save on divorce costs is to avoid trial and negotiate an agreement with your spouse.

How much does a divorce lawyer cost?

According to a 2019 Martindale-Nolo Research survey, the average cost of a divorce lawyer is $11,300 in the U.S. While that is pricey, some respondents had extraordinarily high legal fees that made the average higher.

To get a better idea of what you'll actually pay, consider divorce lawyers' hourly fees.

Hourly rates for a divorce lawyer depend on your location, how complicated your case is, the lawyer's experience and their law firm's size and reputation.

In most cases, the divorce lawyer cost per hour is around $300. Hourly fees can reach $400 or more for high-asset attorneys and attorneys in big cities.

There are a few things you can do to save on divorce lawyer fees:

• Plan what you'll talk to your lawyer about, and focus on the most urgent issues. If you need to vent, get a therapist or reach out to friends.
• Wait for your lawyer to call or email you about updates in your case instead of calling or emailing them.
• Provide all information the lawyer will need so they don't have to spend as much time on discovery.

It's possible to get a divorce lawyer when you can't afford one. If you qualify, your local legal aid office could connect you with a lawyer who will work on your case for free or for an affordable rate. You would need to apply for legal aid and provide income information.

While divorce lawyers can get expensive, hiring one is often worth it. Our study found that in divorces with children, parents who hired lawyers had better custody outcomes. In cases where both parents had attorneys, 15% more reached a settlement and 12% more got joint custody (compared to cases where neither parent had an attorney).

Retainer fees and what they cover

A retainer fee is paid to reserve a lawyer's services before they start working on your case. It assures the client that the attorney will work on their case and assures the attorney they will get paid.

The average retainer fee for a divorce attorney is at least $2,000. Retainer fees can be $10,000 or more, depending on your attorney and the work you expect them to do.

Retainer funds stay in a trust account. Your lawyer deducts money as they work on your case, and they return any leftover money to you at the end.

A divorce lawyer retainer fee covers pretty much all the work family lawyers do, including:

• Preparing and reviewing documents
• Phone calls
• Emails
• Discovery
• Preparing their client and witnesses for trial
• Interviewing the other side's witnesses for deposition
• Appearing at court hearings, conferences and trial
• Legal research
• Traveling between the courthouse and their office

Your retainer agreement with your divorce lawyer might require you to add more money once the retainer funds get down to a certain amount. Or the lawyer might request you start paying hourly once all the retainer funds are gone.

Some lawyers require clients to pay other fees in addition to the retainer. For example, an entry fee guarantees the lawyer will take your case but doesn't cover the cost of legal representation.

How much does a divorce cost without a lawyer?

Divorcing without a lawyer is likely to cost you several hundred dollars.

You won't have any attorney fees. The court will consider you a self-represented litigant, and you'll have the responsibilities a lawyer would typically handle.

You will need to pay a filing fee to start a case, which can range from $50 to $450, depending on where you live. If you cannot afford it, you can ask the court for a fee waiver. (You'll need to provide the court with financial information so they can determine whether you qualify.) There might be additional filing fees throughout the case to submit motions and other documents.

You might also have to pay a fee for a sheriff or process server to serve your forms, often around $50.

When you handle an uncontested divorce without a lawyer, it's sometimes called DIY divorce. You have to fill out paperwork with your spouse, including your agreement, and file it with the court. Your court will provide forms for free, but you can opt to have an online DIY divorce service walk you through the forms, review them, file them and serve them. These DIY companies charge flat fees from $200 to $4,000, depending on the support you need.

While you don't need a lawyer to divorce, representing yourself is only recommended if your case is simple. Mistakes, like incorrectly filling out your divorce petition, could require you to restart your case. If you decide to hire a lawyer to fix the mistake, you might end up spending more than you would have if you had hired one from the beginning.

How much does a simple (uncontested) divorce cost?

The cost of an uncontested divorce is often less than $500 if you do it yourself. You'll only need to pay the filing fee to submit your paperwork. You might not have to spend any money if you qualify for a fee waiver.

If your case has complicated issues like property, you might want to hire a lawyer to prepare your divorce settlement agreement. Some charge flat fees of a few hundred dollars. Expect to pay more if you also need the attorney to help you negotiate your agreement.

Alternative dispute resolution (ADR)

You might turn to ADR methods like mediation or collaborative divorce for help negotiating an agreement.

A mediator helps spouses talk through their differences to reach a mediated agreement.

Divorce mediation generally costs $2,000 to $9,000, depending on the mediator and how long mediation lasts. Most mediators change hourly ($250 to $600 per hour). Your court may offer free or low-cost mediation for low-income spouses. Your mediation contract will specify how you'll split the cost with your spouse.

Collaborative divorce lets each spouse have a lawyer represent them in negotiations. Professionals with backgrounds in finance, child-rearing and more assist to form a fair agreement.

Collaborative attorneys usually charge the same hourly rate they would for litigation, but you'll save since the process is shorter than going to court. You'll also need to pay the other professionals, whose rates vary. Overall, collaborative divorce generally costs at least a few thousand dollars and can reach over $30,000 for complicated cases.

How much does a contested divorce cost?

A contested divorce can cost anywhere from $10,000 to over $1,000,000, with the higher amount being for high-asset cases that last years. The bulk of the cost comes from fees for attorneys and expert witnesses.

Complex cases may require multiple expert witnesses. For example, if child custody is in question, you might need to hire a custody evaluator. They can cost $5,000 to $30,000. You may also need to pay for the expert's transportation and hotel stay if they need to testify at your trial.

Who pays legal fees in a divorce

Each spouse is generally expected to cover their own legal fees.

However, your spouse can make you pay their divorce attorney fees by court order. For example, if one spouse controls all the finances, the court might rule they need to cover their spouse's legal costs.

Acting in bad faith is another reason the court might make you pay your spouse's legal fees. Refusing to try ADR and hiding assets are examples of acting in bad faith.

Saving money on divorce with children

Divorce costs can increase if you have a child. Your lawyer will need more time to prepare documents related to your child, calculate how much time you spend with your child, and more.

Custody X Change lets you do some of the work at a fraction of the cost.

• Create a parenting plan to show your ideal custody arrangement in a court-ready format.
• Calculate parenting time to see how much you spend with your child.
• Maintain a custody journal to document what you do for your child and interactions with the other parent.
• And more.

Custody X Change has all the tools you need to save money on your divorce with children.

Try this with Custody X Change.