how much does it cost to get a divorce without a lawyer

by Brett Sauer 6 min read

Pursuing an uncontested divorce without hiring an attorney is the cheapest route. You can expect approximately a $300 fee to file your divorce papers and an additional cost between $150 and $1,500 in case you use the support of an online service.

The total costs can range from $5,500 to $38,000. The average cost is $17,100 for couples without children. The average cost is $26,300 for couples with children. The cost of divorce in California is 37% higher than the national average (due to a higher cost of living)

Full Answer

What is the average cost of a divorce lawyer?

In our survey, people who handled their divorce without hiring a lawyer had an average of $925 in costs, not including the cost of mediation. More typical, however, was the median cost of $300. Let's look at what went into those expenses, as well as mediation fees.

Who pays attorney fees in divorce?

That's probably because about half of those who didn't hire a lawyer had no contested issues in their divorce (and just for that group, the average cost was $340). When you handle an uncontested divorce on your own, your main expense will probably be the court's filing fee for the divorce petition or response.

What is the average price of divorce?

The total cost of a divorce is about $15,000, but can go as high as $100,000 depending on how many issues you want a judgment on and how set both parties are on winning. The final price tag will depend on the length of the process (usually nine to …

What are the basic divorce costs?

Jul 24, 2020 · Figuring out how much a divorce will cost in California, or any state for that matter, is nearly impossible to do without knowing details about your situation. Data suggests that the average cost of a divorce in California is around $17,500, but the true cost can be much higher or much lower depending on how many contested issues there are, how long it takes to reach a …

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Are divorces expensive? They can be. Here are the fees involved

Uncontested divorces are generally quite affordable. In the case of a contested divorce, you could be looking at over $10,000. These can include attorney's fees, court costs, and other miscellaneous fees and expenses.

Long-term costs of divorce

In addition to the immediate costs associated with dissolving your marriage, there are long-term costs to consider.

Do you have to pay for divorce?

You are not required to hire an attorney to divorce. And while courts charge filing fees, many allow you to apply for a fee waiver if you have a low income and it would be a serious financial hardship to pay court costs.

Is it possible to get legal aid for divorce?

Most states have legal aid programs where you can get free or discounted legal services. If you cannot afford to pay divorce attorney fees and need help dissolving your marriage, find your local legal aid office to see what options are available. The American Bar Association has a directory of options for free legal aid.

How common is divorce?

In the United States, the rate of both marriages and divorces has declined in recent years. In 2008, for example, there were 17.9 new marriages per 1,000 women ages 15 and up, and 10.5 new divorces.

Sources

Bond, Tyler, Joelle Saad-Lesser, and Christian E. Weller (2020). National Institute on Retirement Security. " Still Shortchanged: An Update on Women's Retirement Preparedness ."

Hourly Rates for Divorce Lawyers

Although most people would prefer to have an attorney by their side when going through a divorce, many also worry about how much this will cost.

The Average Total Cost of Divorce

When all was said and done, what did the average person pay, in total, to get divorced? For readers who hired a full-scope divorce lawyer—meaning that the attorney handled everything in the case, from start to finish—the average total costs were $12,900.

How Disputes and Trial Affect the Cost of Divorce

In order to dig deeper into what makes some divorces cost more than others, we asked readers about the contested issues in their divorces—such as disagreements over child custody, child support, alimony, and the division of their property and debts —and whether they resolved those issues through an out-of-court settlement or only after a trial.

How Long Does the Average Divorce Case Take?

Another pressing question about divorce is how long the process takes, from filing the petition to a settlement or final court judgment. In our survey, the overall average duration of divorce was a year. Here again, the picture was worse for those who went to trial.

Bringing Down Divorce Costs: Uncontested Divorces, Mediation, and Consulting Attorneys

Beyond doing everything you can to avoid a trial, our survey results pointed to some other possibilities for lowering the cost of divorce.

What Does the Average Divorce Cost?

The average divorce cost is a relative term. Different factors determine whether the cost of divorce will be on the high or low end of the spectrum. Things that factor into the cost of a divorce include:

What Does Divorce Cost If Both Parties Agree?

If both parties agree on all major issues, known as an uncontested divorce, you can keep the costs relatively low. If you do your own divorce papers and your divorce is amicable, costs could be under $500. Of course, there are filing fees in all states, which increase the cost. Unless you get a waiver based on your income, you must pay filing fees.

How Much Does a Divorce Cost With a Lawyer?

The cost of getting divorced—utilizing the services of a lawyer—varies from several thousand to many thousands of dollars. Lawyers often charge by the hour, but fees vary depending on where you live. For example, a divorce in New York City will cost more than a divorce in Vermont.

How Much Does Divorce Cost Without a Lawyer?

A good way to save money on your divorce is to do your divorce without a lawyer. In many states, this means being pro se. In California, if you file on your own behalf, you're pro per.

How Much Does a Divorce Cost by Using Mediation or Collaborative Divorce?

The average cost of a divorce is much less than a trial if you go to mediation, in which you and your spouse meet to resolve issues with a neutral third party. Mediation, however, can still cost anywhere from several thousand dollars to $9,000, depending on how involved it is.

How Much Does a Legal Separation Cost?

In many cases, a legal separation is as expensive as a divorce. Discuss this with your lawyer to see if there's any advantage to getting separated, or if your state requires a legal separation before divorce.

A real-world guide to typical divorce costs, the factors that make some divorces more expensive than others, and what you can do to lower the cost of your own divorce

A real-world guide to typical divorce costs, the factors that make some divorces more expensive than others, and what you can do to lower the cost of your own divorce.

What Makes Divorce More or Less Expensive?

Before we get into the numbers, it's important to emphasize that many different factors affect how much your divorce will cost. But the biggest cost differences hinge on the answers to three questions:

How Much Does a Divorce Lawyer Cost?

When you look into hiring a divorce lawyer, the first price tag you'll probably encounter is the attorney's hourly rate. In a national survey we conducted of readers who told us about the cost of their own divorce, the average rate they paid their attorneys was $270 an hour.

How Much Does a Do-It-Yourself Divorce Cost?

If a DIY divorce is the right choice for your situation, there's no doubt that it will cost much less than hiring a full-scope divorce lawyer. On average, the readers in our survey who handled their own divorce paid a total of $1,170 in costs. The more typical cost—the median amount—was only $300.

Getting Help With a DIY Divorce: Online Divorce Services

Even uncontested divorces can present obstacles for some people. You need to know:

Other Ways to Lower Divorce Costs

As should be clear by now, there's a wide range of divorce costs. And your own expenses will land near the bottom of that range only if you and your spouse can agree—without a lawyer's help—on the legal issues related to the end of your marriage, from splitting up your possessions to the arrangements for parenting and financial support.

Divorce Lawyer Hourly Rates

Divorces can be time-consuming and messy, and the issues in each divorce are different from one couple to the next. Because the outcome of every divorce is determined by the defendants, the attorneys, and what is at stake, it’s nearly impossible to find a standard overall cost.

Divorce Lawyer Retainer Fees

When hiring an attorney, you will generally have to pay a retainer fee—an upfront payment paid by the client before any legal work is conducted. The point of a retainer is two-fold:

Free Consultations

Most firms offer a free consultation, and it can be very helpful in finding the attorney that's a good fit for the particular details that need to be resolved in your divorce. A good consultation will cover

Divorce Lawyer Flat Rate Billing

Despite the possibility of stuffing extras onto the cost, flat rate billing, when done right and ethically, can make things much easier for the client.

Divorce Court Costs

Be aware that you not only have to pay for the attorney’s costs, but also for court costs, which usually cost more than the attorney does per hour. The two parties involved in the divorce will sometimes split these fees, but it’s not farfetched to find yourself paying the full fee out of pocket.

Divorce Mediation Cost

The cost of divorce meditation will depend on a number of variables. While most mediation sessions are charged hourly, some mediators prefer to charge per session. On average, a typical mediation session will last about two hours. Of course, this timeframe will depend on the topics of discussion and whether or not any conflict is involved.

Choosing a Divorce Lawyer

Far more important than what you are paying your lawyer and the courts is hiring the right attorney. Do your research based on what you can afford, and find the right representation to protect what you have at stake.

The Cost of Divorce Lawyers in North Carolina

When you hire a lawyer to handle your divorce—and that’s what most people do—your biggest divorce expense will be the attorney’s fees. Two components go into the final bill: the lawyer’s hourly charge and the total number of hours the attorney needs to spend in order to resolve all of the issues in your case.

How Disputes and Trial Affect the Cost of Divorce in North Carolina

It’s common for couples to disagree about one or more important issues in their divorce, mainly:

The Impact of a Fault-Based Divorce on Costs

In North Carolina, you can choose what’s usually known as a “no-fault” divorce, which only requires that you and your spouse have lived separately and apart for at least a year (and that one of you has lived in the state for at least six months). In this type of divorce, the cost will depend on the disputed issues, as outlined above.

What Other Expenses Contribute to the Cost of Divorce?

While attorneys’ fees make up the biggest cost of divorce, there are also other expenses like filing fees. Depending on the circumstances, you might also have to pay for mediation and the fees for experts like child custody evaluators and financial analysts. Our national survey showed that the average for these non-lawyer costs is $1,600.

More Information and Resources on North Carolina Divorce

Follow the links below for more information and resources on divorce in North Carolina:

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