Divorce can be costly. According to Martindale-Nolo Research, average divorce lawyer fees run $270 an hour.
Our survey revealed that readers with lawyers providing full-scope representation (what we refer to as full-scope representation) paid on average an estimated average attorney fees total of approximately $11,300.
Representing yourself can save money in the short term, but may end up costing more in contentious matters such as child custody and property division disputes or when dealing with issues of spousal support and child support payments.
Costs of an Uncontested Divorce
If both you and your spouse can come to an agreement on all aspects of their divorce, including property division and custody of children or spousal support payments, an uncontested divorce will likely be much cheaper. Even if a lawyer is necessary, going this route still costs significantly less than going to trial before a judge.
Cost of Divorce Varies WidelyDepending on your method of dispute resolution and complexity of issues involved, costs associated with divorce can vary considerably. Contested divorce is more expensive as both parties must go to trial to settle disputes regarding marital property division, child custody arrangements, alimony payments and more – making the divorce process long, drawn-out and expensive battle.
As such, it is crucial that both parties try their best to prevent a contentious divorce as much as possible. Mediation or collaborative divorce are excellent methods of dispute resolution that can make this more feasible; furthermore these solutions often allow couples to save money on attorney fees by only paying their respective lawyers directly for services rendered.
Uncontested divorce is by far the cheapest method, whether by hiring your own lawyers or going the DIY route. If you can devote enough time and energy to managing it yourself, New York City divorce filing fees plus index number fees could cost just $335 total.
Some couples opt to use an online divorce service instead of full-scale attorneys for their cases, which typically charge anywhere from $150 to $500 for providing and completing necessary forms to file with the court.
Divorce mediation may provide a cost-effective and speedier alternative to traditional litigation. Though costs vary according to state, mediation typically works out significantly cheaper and quicker. Furthermore, if you need to split retirement assets like 401(k)s or pensions you should expect an additional QDRO fee that usually does not apply during uncontested divorces.
Costs of a Contested Divorce
Uncontested divorce can require considerable time and energy in court to resolve all issues, which increases overall costs of the case. Contested issues frequently include custody, child support, spousal maintenance payments, division of assets as well as child support payments requiring negotiation or mediation for resolution.
Ideally, spouses could reach an agreement on any contentious issues and proceed with an uncontested divorce in order to save money. Otherwise, it’s more likely they’ll need attorneys and go through a contested process, which often necessitates paying attorney fees as well as hiring experts such as real estate appraisers, pension and retirement fund appraisers and custody evaluators who charge hourly rates and add costs of an uncontested divorce process.
As part of our survey, we determined that people who hired full-scope divorce attorneys paid on average an estimated attorney’s fees total of around $11,300; filing fees, mediation costs and expert fees (such as custody evaluators, tax advisors or financial specialists ) also came at an additional cost – often leading to significant burden for divorcing couples with children.
Some couples opt to handle their divorce without legal assistance by handling it themselves or through mediation or online services such as DivorceCare.com; however, this approach can be risky and should be undertaken only after consulting one or more experienced divorce attorneys for advice first.
If both parties can agree on all major aspects of their divorce – property, alimony, custody and support – an uncontested divorce can save thousands in costs. To qualify for a fee waiver, explain your finances in depth while showing no income source at all.
Costs of a Limited-Scope Divorce
Divorce can be an emotional journey, so even couples that agree on most issues may require legal guidance to negotiate fair and equitable terms. Since it may not always be feasible to hire full-scope representation for every case, limited scope representation is an alternative solution for spouses looking for legal help with limited scope issues.
Limited-scope representation can take many forms and is an excellent solution for couples who believe they can manage some aspects of their case themselves. Depending on the complexity and settlement abilities of your case, consulting attorneys may be hired to assist with specific tasks like filing the divorce paperwork or attending court hearings on your behalf – potentially saving considerable money when compared with hiring one lawyer to manage all aspects of their divorce case.
As part of our survey, we found that more than one-third of readers who hired a divorce attorney utilized full-scope representation. Two-fourths hired attorneys for limited scope work on their cases; this approach is sometimes known as unbundled or “a la carte” legal services.
This type of arrangement can also benefit spouses seeking an amicable, cost-efficient divorce. Aside from filing fees associated with a divorce, additional expenses such as independent evaluators and mediation services can quickly add up, which could save thousands in legal fees alone. By having an attorney review and negotiate these issues for them both parties involved, such an agreement could save time and money in court battles as well.
Limited-scope agreements provide an ideal solution to issues requiring expert testimony or consultations, such as those associated with divorce. In such a scenario, an ideal approach might be hiring a limited-scope attorney to attend one court hearing on your behalf and request expert witness testimony in support of your position.
Costs of a Full-Scope Divorce
Full-scope divorce is an all-inclusive approach to ending a marriage, covering every key area such as alimony, child custody and visitation arrangements, property division (real estate, businesses, retirement accounts), debts and alimony payments. Such cases often involve more complicated issues that necessitate professional services from child custody evaluators, real estate appraisers and forensic accountants as fees can quickly mount if their cases go to trial.
Nolo research found that most survey respondents who hired lawyers had full-scope representation, whereby an attorney managed all aspects of their case from start to finish, known as full-scope representation. On average, these couples paid $11,300 in attorney fees with median fees at $7,000 according to Nolo’s research.
Lawyers typically charge retainers of $2,500 to $5,000 as an initial down payment, then charge by the hour based on experience, reputation and firm. Some attorneys also offer flat-fee services which include document preparation and review as well as court filing costs or expert witness fees in addition to legal fees.
While these additional costs can be steep, there are ways to limit them. For instance, if both parties can reach agreement on all major issues related to your divorce, hiring an attorney for limited scope services or opting for unbundled legal services could save money and time.
One way to save money when filing for divorce online is using an online divorce service that will handle all the paperwork for you – this option tends to be much cheaper than hiring an in-depth lawyer and can often be completed within one or two months.
SoFi offers personal loans with lower interest rates than traditional lenders and no credit score requirement – ideal for divorcing couples needing extra financial support during legal battles.