How Much Will My Divorce Cost?

The cost of a divorce will depend on how complex your situation is at the time of filing. The level of conflict in the marriage that is soon to end will also determine what type of negotiations you’ll be entering into. The more complex and adversarial the relationship is, the higher the cost can go.

Divorce is more appropriately termed as the “dissolution of marriage”. There are two ways of filing for divorcef: Simplified Divorce or General Divorce. A simplified divorce is when the couple filing have no children in the marriage and are in agreement on how property, assets and debts will be divided.

A General Divorce is filed when there are minor children involved, there is a need for support, and the couple cannot agree to the division of property, assets and debts. A General Divorce also covers couples without children who are not in agreement on the terms of asset and debt division.

On the average, a divorce can cost anywhere between $1000 and $20,000 anywhere in the US. No law expressly states that you have to hire an attorney to handle your divorce proceedings, especially when there isn’t much conflict involved. Having no children or properties to dispute over will make a divorce cost a lot lesser, so there is a very good reason to keep the conflict level at the minimum.

You can get your divorce approved and certified in several ways. You can do a no-lawyer divorce and be the “pro se litigant”, meaning you are representing yourself in a court action. Clerk of the Circuit Court of Florida, for example filing fee for a divorce is currently at $408, and you’ll need a little more for document preparation and verification.

An uncontested divorce is the most common type of divorce and comprises about 95% of all divorce cases in the US. Couples come to court ready with their agreement on who gets custody of the children, how properties will be divided and how support will be carried out. In cases where the couples can’t agree on property, custody and support issues, the court decides on these. Cost can be kept to a minimum, although you may have to pay for the services of a CPA and a lawyer just to put everything together before going to court.

Should there be conflicting issues between couples, they usually enter a mediated divorce procedure. Typically, a lawyer represents each of the parties to the divorce in mediation sessions where conflicting issues are ironed out in the presence of an attorney-mediator. This is a more favourable alternative to traditional divorce litigation and will cost significantly less. Adherence to mediated agreements is also higher than with terms issued through court orders.

Lastly, if there is much conflict and disagreement between the two parties, costs will definitely shoot up in an adversarial or contested divorce. You’ll have to bring the matter to court and that will mean more lawyer hours and legal fees to pay for. Divorce attorneys charge an average of $100 to $200 per hour in consultation and sometimes more for court representation. Usually they will ask for an upfront retainer fee at the commencement of the divorce action. In an adversarial divorce, this can mean initial cash out of at least $5000.

The true cost of divorce extends beyond just the lawyer hours and court fees. It will also mean a drastic lifestyle change where there used to be a two-income household. Add that to what you will actually spend to get a divorce to get a more realistic picture of the whole process.

Thinking About Divorce?