Average Cost of a Fault Divorce vs. a No Fault Divorce

In some states individuals filing for divorce may choose a fault or a no fault divorce. In its simplest sense a no fault divorce requires no proof of any wrongdoing on the other spouse's part. Often these types of divorces fall into the irreconcilable differences category.

In contrast a fault divorce requires that the other partner prove grounds for a fault in the marriage. These commonly include cruelty, adultery, desertion, or incarceration as legally recognized faults. No fault divorces may also include these issues, but the parties aren't required to prove them in the divorce.

Factors To Consider

In either a fault or no fault divorce the higher the level of conflict between the couple the more the divorce will cost. Couples that are able to work together in reaching agreement on the division of property, care and support of the children, visitation schedules, investments and financial matters will have a much less costly divorce than couples that fight over everything. Larger estates and higher assets typically result in a higher cost for the divorce.

Typically in a no fault divorce the property division will be fairly equitable based on several factors including how long the couple lived together as man and wife, the needs of the children of the marriage and even the support of the spouse in some states. In a fault divorce often the individual found to be at fault for the breakdown of the marriage may lose some of the assets from the marriage since there were determined to be the reason for the divorce.

Typical Costs

In most areas of the United States a no fault uncontested divorce will range in cost from two thousand dollars to up to several thousand dollars, depending on the size of the divorce settlement. Fault divorces can be more expensive because there are additional court fees, additional attorney time in preparing documents as well as potential extended court hearings if the other spouse chooses to provide a defense to the allegation of fault. Generally fault divorces will include a higher retainer fee and will start at three to five thousand dollars.

Legal Help

Even when you and your spouse get along and agree on everything it is essential to have a family law attorney involved. This ensures that all issues of the divorce are correctly addressed and the final decree is legally written and filed with the court. If you aren't sure if you should file a fault or no fault divorce it is imperative to speak to an attorney and determine what is best.

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