How Much Does It Cost To Get A Divorce If Both Parties Agree?
By Brianna Reyes, Family Law Attorney at Quinn & Dworakowski, LLP
An uncontested divorce, where both parties agree, is estimated to cost around $500 to $3,000. The total includes standard court filing fees ($100 to $500) and other fees that may include minimal attorney or document reviews, as well as the cost of mediation if the parties utilize it. A contested divorce, on the other hand, can cost up to $15,000 per person due to lengthy litigation and expensive attorney hours.
Divorce is expensive, but it is easier on finances when both spouses agree. The spouses in agreement can avoid the financial disadvantage of a contentious divorce. Divorce may be expensive, but it is less expensive than you think when both spouses agree.
This legal guide tells you what you can expect to pay when both spouses agree to end the marriage and also tells you what can affect the final costs. Keeping costs low is easy when you know how the divorce process works. Once you know, you can control the expenses by being prepared. Knowing the actual costs can lessen the financial burden.
What is an Uncontested Divorce?
It is an uncontested divorce when the two spouses come to an agreement on all important issues like the division of property, custody, child support and alimony before the filing of the divorce petition. There is no need for a judge to make a decision when all terms are agreed upon.
It is less stressful, less expensive, and faster than a contested divorce. A lot of states have simplified or “summary” divorces that can speed up the process and reduce cost further.
How Much Does It Cost To Get A Divorce If Both Parties Agree?
The price typically falls between $500 and $3,000. This is dependent on where you live in the U.S. and whether or not you choose to hire a lawyer. Here is a breakdown of where your money will be spent with an uncontested divorce.
Filing Fees
There is no way to avoid the filing fee since it is mandatory for you to file divorce papers. The cost depends on the state and county. These fees can range from about $100 to roughly $500.
Many courts will provide a fee waiver to people who demonstrate they cannot pay the filing costs. Check before you pay the filing fee.
Attorney Fees
Lawyers cost money, but many couples decide the cost of having a lawyer for the divorce is not warranted in an uncontested divorce case. Instead, couples have a lawyer take a look at the final divorce agreement papers to make sure they are correct and fair. This costs roughly $200 to $500.
Contested divorces mean many court visits. This also means many hours of attorney work for discovery and settlement negotiations. This can cost nearly $10,000 per attorney.
Mediation Costs
If you want to work out the last few details of how to divide a retirement account or set a custody schedule, for example, mediation costs much less than other options. Mediators charge $100 to $300 an hour and couples usually only need 1 to 3 sessions to reach an agreement.
Mediation is almost always less expensive than litigation, because mediation avoids the numerous expensive attorney meetings and court appearances that come with a lengthy unresolved case.
Cost Category Estimated Price Range
Filing Fees $100 – $500
Attorney Review (Flat Fee) $200 – $500
Full Attorney Representation $1,000 – $3,000
Mediation $100 – $300 per hour
Do Both Parties Have To Agree To A Divorce?
No, in the US, one spouse can file for divorce, even if the other spouse does not want to. This is known as a “no-fault” divorce, because no reason or “fault” has to be proven.
While it is possible for one spouse to file for divorce and the other has no choice in the matter, this makes for a lengthier and more expensive divorce because cases become “contested.” A contested divorce has a judge decide the custody issues, division of assets, and support issues because the two spouses cannot agree.
What Factors Can Increase the Cost of an Agreed Divorce?
Even when both spouses decide to agree to a divorce, issues that may seem minor can cause an increase in cost.
Disagreements That Arise During the Process
It is common for couples to have different perspectives on the parts of a divorce that involve more detail. For example, one person keeping the family pet, how to divide a shared business, or what the exact days for visitation will be, can take an uncontested divorce and turn it into a contested divorce.
This means that in addition to the cost of the divorce, you will need to pay for more mediator sessions or legal services, which add up.
Factors That Affect the Cost of a Mutual Divorce
Outside of issues that arise from the process, there are some other factors that will influence the cost in the end:
- The number of children: Custody issues and child support issues create the need for additional legal help and increases the cost.
- The debts and assets: When there are a lot of assets, including some debts and retirement accounts, the divorce will take longer, and will cost more.
- The number of counties and states involved: The cost will be more if there are different filing fees and different procedures in different counties and states.
- Whether there are children involved: If there are children, the custody arrangement and child support arrangement may require a longer divorce process, which will raise the cost.
- The speed at which you finalize the documents: The cost of the divorce can go up if you take a lot of time to do the process and finalize all the documents.
Ways to Lower Your Divorce Costs
Lowering the cost of divorce comes with several different changes.
- Using an online divorce service. There are several services available that help you complete the divorce paperwork for an affordable price, usually under $500, if there are no major issues.
- Using mediation. Issues that cannot be agreed upon can be expensive when dealing with the courts.
- To file for a fee waiver, contact your local court to see if filing fees can be waived if you have a financial disservice.
- Reduce attorney involvement. One way to lower attorney costs is by hiring an attorney to review all of the court and custody documents rather than utilizing full representation.
- Organize all the documents. Having your financial records, lists of assets organized, and custody preferences prepared will decrease the billable hours for the mediator or attorney.
FAQs
What is the average cost of a divorce in most states if both parties agree?
Most cost somewhere between $500 and $3,000. This includes filing fees and any legal assistance. The cost is highly dependent upon the state and whether or not an attorney is utilized.
Are both parties required to agree to a divorce for it to be final?
No. Every state has the option of a no fault divorce which means that one party can proceed with the divorce case without the consent of the other. Although it is possible to do so, it is always more cost effective for both parties to agree in order to complete the case in a reasonable amount of time.
Can a divorce be done without a lawyer if both parties agree?
Yes. Most couples utilize online divorce services or self-prepared documents, and then have an attorney review the documents for finalization.
How long does an uncontested divorce take in comparison to a contested divorce?
Most uncontested divorces are finalized in one to three months. The time for contested divorces can extend to one year or longer.
What happens if we only agree to some extent?
Disagreeing on any given major issue means the court may categorize your divorce as contested until the issue is taken to mediation or the court of law for resolution.
Authorities & Sources
The information in this article is supported by official and reputable sources. For further reading and verification, refer to the following: the U.S. Courts official website for federal court procedures and fee schedules; your state court’s self-help center via the National Center for State Courts for local filing fees and forms; the American Bar Association for guidance on finding legal help and understanding divorce law; and the Legal Information Institute at Cornell Law School for plain-language explanations of divorce statutes and no-fault divorce laws by state.
Disclaimer
The content in this article is for general informational purposes only and does not constitute legal advice. Divorce laws, filing fees, and procedures vary significantly by state and county, so the figures and processes described here may not apply to your specific situation. Always consult a qualified divorce attorney or contact your local court’s self-help center for guidance tailored to your circumstances before making any legal decisions.
