Quick answer: How much does a divorce cost? It depends mainly on how much the spouses disagree, because lawyer time is the biggest cost. An agreed divorce can stay inexpensive, while a contested one adds discovery, hearings and trial. Court filing fees are set by each court, and a judge can order one spouse to contribute to the other's costs. Mediation and an agreed process usually cost less than litigation.
On this page:
- Why there is no single price
- What drives the cost
- How lawyers charge
- Court costs and filing fees
- Who pays for the divorce?
- Ways to spend less
- Do you need a lawyer?
- Are divorce costs tax deductible?
Why there is no single price
Published averages for the cost of a divorce come mostly from law firm marketing and vary widely, so we do not quote one here. What the law and the court system show reliably is what the price depends on. Costs are lowest when the spouses agree on every issue, and they climb with each dispute, because every disputed issue brings more lawyer time. For how agreement changes the process, see contested vs. uncontested divorce.
What drives the cost
- Whether you agree. An uncontested divorce can be granted without most of the adversarial process, while a contested one needs it.
- Discovery and hearings. Discovery is the pretrial process of gathering information, and each request, response and hearing takes attorney time.
- Children. Custody and support disputes add steps; see how courts decide custody.
- Property and retirement. Valuing a business, a home or a pension can mean experts; see how retirement accounts are divided.
- Time. A longer case means more billable hours, and waiting periods set a minimum; see how divorce works, step by step.
How lawyers charge
The Legal Information Institute lists the forms attorney fees can take: an hourly charge, a flat fee, a contingent fee, statutory or court-approved fees, or a combination. Ask which form your lawyer uses and what it covers. Many lawyers ask for a security retainer, a payment for future services that is held in trust and goes to the lawyer only as it is earned. If the lawyer is fired or withdraws, any unearned part of an advance must be refunded, according to ABA Model Rule 1.16(d). The Institute adds that the lawyer must tell you the basis on which you will be charged, and the bill should show exactly where the money went. Reasonableness is judged on factors such as the time and labor required, the difficulty of the issues, the skill needed and the fee usually charged locally. Ask for the fee agreement in writing, and ask what is included.
Court costs and filing fees
Filing the petition carries a court fee set by each court, and there are further costs for serving the papers and, in some cases, for certified copies, mediation and expert witnesses. Because they differ by state and county, check the fee schedule on your court’s website or ask the clerk, and ask whether a fee waiver is available if the fee would be a hardship. Some states let the court decree costs against either party; Wyoming’s statute says the court may decree costs and enforce its decree as in other civil cases (20-2-108).
Who pays for the divorce?
Generally each spouse pays their own lawyer, but a court may shift costs, especially to equalize resources while the case is pending. Wyoming’s court may require either party to pay any sum necessary to enable the other to carry on or defend the action (20-2-111). Virginia provides that costs may be awarded to either party as equity and justice may require (20-99(6)), and Nevada’s statutes provide for orders for support and the cost of suit during the pendency of the action (NRS 125.040). The expense can also be part of the settlement, so see how alimony is calculated and the Property Division Calculator to understand the whole financial picture.
Ways to spend less
- Settle what you can. A settlement ends the dispute, and every issue you resolve is one a lawyer does not have to litigate.
- Use mediation. Mediation uses a neutral person to help you reach terms; the mediator does not decide the case, and the result is non-binding unless you agree.
- Consider collaborative law. The Institute notes that collaborative law can be much cheaper than going through the court system, but because lawyers and other professionals are involved, it can be more expensive and longer than mediation.
- Do the homework yourself. Gather financial records, list accounts and run the calculators below before paying for hours of a lawyer’s time.
Do you need a lawyer?
You generally may represent yourself. The Institute describes proceeding without legal representation as proceeding pro se, while noting that states may impose reasonable restrictions on self-representation in civil proceedings. Whether it is wise depends on what is at stake. If you and your spouse agree, have no children or large assets and the paperwork is straightforward, many people manage with court forms and perhaps a one-time review by a lawyer. If there are children, a dispute over custody or support, retirement accounts, a business or a spouse who has a lawyer, a lawyer’s advice is more likely to pay for itself, because mistakes in a decree are hard to undo. The family law calculators help you prepare for that conversation, and many attorneys offer a first consultation.
Are divorce costs tax deductible?
No. IRS Publication 504 says you cannot deduct legal fees and court costs for getting a divorce, or legal fees for tax advice in connection with a divorce or to get alimony, or legal fees for a property settlement. Fees for a property settlement can sometimes be added to the basis of the property you receive. For the tax rules on the money you pay or receive after the divorce, see whether alimony is taxable. Our methodology page explains how each figure on this site is verified. For advice on your own case, talk to a licensed family law attorney in your state.