Divorce Filing Fees and Typical Attorney Fees by State
State | Average Filing Fees | Other Divorce Costs and Attorney Fees |
Alabama | $ 400 ($50 administrative fee included) | Average fees: $10,000 |
Alaska | $ 250 (additional $75 fee to file a modi ... | Average fees: $10,000+ |
Arizona | $ 280 | Average fees: $10,000+ |
Arkansas | $ 165 | Average fees: $8,000+ |
State | Average Filing Fees | Other Divorce Costs and Attorney Fees |
---|---|---|
Pennsylvania | $201.75 | Average fees: $11,000+ |
Puerto Rico | $400 | Average fees: $10,000 |
Rhode Island | $400 | Average fees: $10,000+ |
South Carolina | $150 | Average fees: $10,000 |
You can get an inexperienced lawyer for $330 an hour, but you’ll be dealing with that lack of experience throughout your divorce process. A lawyer with twice as much experience may have a much higher hourly rate, sometimes as much as $700 or more.
You need someone who can take the following actions on your behalf:
Although you can’t control your spouse’s decisions, timeframe, or lawyer, you are in charge of yourself and that is very powerful. For some creative ideas on funding legal fees, Read: Can I Withdraw Retirement Funds to Pay My Divorce Attorneys’ Fees?
The preparation of a simple prenuptial agreement by a professional lawyer can, at best, cost less than a hundred euros, and is usually handled online without much difficulty. A fee of 55 euros will be charged for registering the agreement.
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. Ev...
When all is said and done, what did the average person pay, in total, to get divorced? This figure includes total attorney’s fees, court costs, and...
Another pressing question among people deciding to divorce: How long will it take? According to the results from our survey, the average time it to...
According to Martindale-Nolo research, the average hourly rate for a divorce lawyer was $270 and the average total cost for legal fees per spouse was $11,300 (though the median was $7,000). However, not all attorneys charge the same hourly rate. In fact, the research found the following:
An uncontested divorce or one with no major contested issues costs, on average, $4,100.
In 2008, for example, there were 17.9 new marriages per 1,000 women ages 15 and up, and 10.5 new divorces. By 2018, the number of new marriages had dropped to 16.6, and the number of new divorces had dropped sharply to 7.7 per 1,000 women, according to the Census Bureau.
Divorces that go to trial are significantly more expensive due to the added legal fees involved. A dispute over alimony, or spousal support, also adds substantially to the price tag -- even more than child-related disputes.
There are many factors that contribute to the overall cost, including whether you're looking at a contested or uncontested divorce, whether you hire a divorce mediator, the law firm you choose if you need an attorney, and others.
And some older studies have shown that divorce causes an average 77% drop in wealth.
Editor's note: If you have specific or technical questions about divorce cost, consider seeking legal advice.
In our survey, the median total for attorneys' fees was $7,000. It may also help to know that more than four in 10 people in our survey (42%) paid $5,000 or less in attorneys' fees.
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.
Nolo is in a unique position to gather information about what actually happens in divorce cases across the country. Thousands of people visit Nolo.com and other Nolo sites every day, seeking legal information about divorce and looking to connect with divorce attorneys.
More and more divorcing couples are turning to mediation as a way to save money—as well reduce the conflict and stress of divorce. You can use divorce mediation in a wide range of circumstances. For example:
The first part of the total bill for a divorce lawyer is the hourly rate. Our survey showed an average rate of $270 an hour for divorce lawyers across the United States, but individual rates varied a lot. Although nearly seven in ten people (69%) paid between $200 and $300 an hour, about one in ten (11%) paid $100 per hour, and two in ten (20%) paid $400 or more. Our separate study on hourly rates reported by family lawyers across the U.S. showed significant regional differences, with the highest rates reported by attorneys in large cities on the coasts. The same study also showed that rates were higher for more experienced attorneys—no big surprise there.
We conducted a national survey of people who had recently been through a divorce to ask them details about their experiences. As a result, we were able to analyze the connections between their costs and some important features of their divorce cases. We then supplemented our survey results with independent research into fees charged by divorce lawyers, mediators, and online divorce services.
Some states require mediation (or allow judges to require it in individual cases) when couples have filed for divorce but haven't come to an agreement about certain issues—especially child custody.
While many factors can change the overall cost, it is typical for each spouse to spend $10,000 or more to complete their divorce.
It is typical for new lawyers to charge $100+/hour and experienced attorneys to charge $300+/hour. You can expect to see outlier pricing that ranges from $30 to $500/hour as well.
Education classes on the divorce process or co-parenting. Mediation (this can replace attorney fees or be in addition to attorney fees) Psychiatric evaluations for adults or children. Refinancing a mortgage.
In every state, a variety of factors will change the hours required to negotiate and find a divorce agreement such as: 1 Child custody 2 Amount of property 3 Tax advice 4 Alimony (spousal support)
In every state, a variety of factors will change the hours required to negotiate and find a divorce agreement such as: Child custody. Amount of property. Tax advice. Alimony (spousal support) Consider how complex your divorce is when estimating how much it might cost.
An uncontested divorce is possible if you can negotiate together and agree on big-ticket items such as who keeps the house. If you want the court to help you determine how things are split (in a contested divorce), you will rack up additional attorney's fees.
Yes, most law firms or independent attorneys understand that an average divorce costs a large sum of money, and may need a payment plan.
Each spouse's average bill for attorneys’ fees in divorce was $11,300, although more than four in ten readers paid $5,000 or less.
In our survey, the average for all of these costs was $1,580 for each spouse's share. However, that average was pushed up by the relatively small proportion of readers (10%) who had very high costs ($5,000 or more, in addition to their attorneys’ fees). The median amount of non-attorney costs was $500.
Attorneys generally bill you (usually increments of six to 15 minutes) for everything they do in connection with your case, including:
On average, the readers in our survey paid their divorce attorneys $270 per hour. But that’s the overall average across the country. Hourly rates can vary significantly, depending on the attorney’s location, years of experience, and any specialized training or certifications. See the results of our separate study on hourly rates for family lawyers across the country for details about rates reported by attorneys in different states and metropolitan areas, as well as their policies on offering free consultations for new clients.
Why do some divorcing couples have higher costs than others? When there are difficult disputes to resolve in a case , the fees can get very expensive for experts like custody evaluators and forensic accountants (to trace, value, or divide assets). In our survey, readers paid an average of $1,600 in non-attorney costs when they had at least one contested issue but managed to settle their disagreements; that average jumped to $2,750 for those who went to trial on at least one issue.
There are several reasons divorces can take a long time, including the number and type of contested issues, combative spouses (or attorneys), the amount of time needed to gather evidence about things like complex finances or custody issues, and whether you go to trial.
communicating with your spouse’s attorney (or directly with your self-represented spouse) and anyone else involved in the case. reviewing documents and performing research. discovery (such as requesting documents or other information and conducting depositions) drafting settlement agreements.
While the precise amount of a retainer fee varies from lawyer to lawyer and city to city, the average retainer fee for a divorce lawyer goes between $3,000 and $5,000.
Lawyers often charge a retainer fee to handle your divorce case from the beginning. This fee is a down payment for the legal services your lawyer agrees to provide.
When discussing a retainer fee, you should also keep in mind that your lawyer needs to:
Lawyers often charge a retainer fee to handle your divorce case from the beginning. This fee is a down payment for the legal services your lawyer agrees to provide.
A no-fault uncontested divorce requires the least money and time since you and your soon-to-be ex-spouse agree on all relevant factors of your post-divorce life , including:
Once you receive the document, you need to file it with the court. When the judge approves the agreement, it becomes legally binding.
An attorney will deduct all costs of services provided to their client from the retainer fee. If the retainer is not enough for the case, you will need to pay extra. In case any money remains at the end of your case, you should get it back.
When you start comparing attorneys, pay attention to the types of lawyers that you're comparing. Typical fees for a personal injury attorney will be different from an immigration attorney or a divorce attorney. Every field of law has its own set of rules and best practices, so you need to make sure you're dealing with attorneys with specific experience in your type of case.
Hiring a lawyer on a flat-rate basis to create a simple will costs $300, while a will for more complex estates may be $1,200 to write.
An attorney retainer fee can be the initial down payment toward your total bill, or it can also be a type of reservation fee to reserve an attorney exclusively for your services within a certain period of time. A retainer fee is supposed to provide a guarantee of service from the lawyer you've hired.
Avoid disagreements with your attorney about how much you owe by taking the time to review your attorney fee agreement carefully. You may also hear this document called a retainer agreement, lawyer fee agreement or representation agreement. Either way, most states require evidence of a written fee agreement when handling any disputes between clients and lawyers. You must have written evidence of what you agreed to pay for anyone to hold you accountable for what you have or have not spent.
An attorney contingency fee is only typical in a case where you're claiming money due to circumstances like personal injury or workers' compensation. You're likely to see attorney percentage fees in these situations to average around a third of the total legal settlement fees paid to the client.
At first glance, flat-rate legal services seem to be a complete package deal so that you don't pay more for your case than is necessary. However, if you don't comply with every single term listed on the flat fee contract, then your attorney still has the right to bill you for additional costs that may come up in your case. For instance, a flat fee lawyer working on an uncontested divorce case may still charge you for all court appearances. Plus, they may also only offer the flat fee if you have no property issues and no child support issues either.
If you lose in court, you may still have to pay for the lawyer's expenses. Many cases such as those involving child custody or criminal charges are not eligible for a contingency fee structure.