What Does a Divorce Cost?

A divorce can cost as little as the court's filing fee (often $100 to $450) if you and your spouse agree on everything, or well over $20,000 per side if you're fighting over custody, property, or support. The single biggest factor isn't the state you live in; it's whether the case is contested or not.

The filing fee is the one fixed cost

Every divorce starts with a court filing fee, typically somewhere between $100 and $450 depending on the county and state. If you can't afford it, most courts let you request a fee waiver (sometimes called filing "in forma pauperis") by showing your income falls under a set threshold. That fee is unavoidable. Everything after it is where the real variation happens.

Uncontested divorce is the cheapest path

When both spouses agree on how to split property, debts, custody, and support, there's nothing for a judge to decide; you're just asking the court to approve an agreement and finalize it. Handled without lawyers, an uncontested divorce can run just the filing fee plus a few hundred dollars for document preparation or an online divorce service. Many people still pay a lawyer a flat fee, often $500 to $1,500, to review the paperwork before signing.

Attorney fees are what drive the cost up

Divorce attorneys typically bill $150 to $400 an hour and ask for a retainer up front, commonly $2,500 to $10,000, which gets drawn down as they work. A straightforward contested divorce can easily run $7,000 to $20,000 per side once you add up negotiations, document review, and court appearances, and a case that goes to trial can cost several times that.

What makes a divorce more expensive

Custody disputes are the biggest cost driver, since they often involve multiple hearings and sometimes a custody evaluator. Dividing a business, valuing a pension, or untangling significant property adds appraisal and accounting costs. And a spouse who delays, hides assets, or refuses to negotiate can drag out billable hours regardless of how simple the underlying facts are.

Ways to lower the cost

Mediation, where a neutral third party helps you and your spouse reach an agreement, is almost always cheaper than litigating and the cost is usually split between you. Limited-scope ("unbundled") representation lets you hire a lawyer for just the hard part (reviewing a settlement, handling one hearing) while you manage the rest yourself. Reaching agreement on as much as possible before you file, and using your court's self-help center for paperwork, also cuts hours off the bill.

Costs that don't show up in the initial estimate

Beyond attorney fees, budget for a process server if your spouse needs to be formally served, a mediator if you use one, and potentially a custody evaluator, business appraiser, or forensic accountant in a more complex case. If you're changing your name back, there's usually a small additional filing or ID-update cost after the divorce is final.

Frequently asked questions

Can I get a divorce for free?

Not entirely, but if your income is low enough you can usually ask the court to waive the filing fee. You may still face other costs, like paperwork help or serving your spouse, even with a fee waiver.

Who pays for the divorce, me or my spouse?

Each spouse normally pays their own attorney. In some cases where there's a large gap in income or assets, a judge can order the higher-earning spouse to contribute to the other's legal fees.

Is mediation actually cheaper than going to court?

Usually, yes. You and your spouse typically split the mediator's fee, and reaching an agreement through mediation avoids the far larger cost of a litigated fight over the same issues.

Does an uncontested divorce mean I can't use a lawyer at all?

No, there's no rule against it. Many people who agree on everything still pay a lawyer a flat fee just to review the final settlement agreement before signing.

Are there payment plans for divorce attorneys?

Many firms offer them, along with flat fees for uncontested cases or the option to replenish a retainer over time rather than paying it all up front. Ask about payment structure before you hire anyone.

Does it cost more if my spouse and I have kids?

It can, mainly because custody and child support terms add more to negotiate and, if disputed, more hearings. An agreement reached between you two directly keeps that cost down regardless of whether you have children.

This guide is general information, not legal advice. Read our legal disclaimer before relying on anything here for your own situation.