Sometimes a long-term relationship like marriage fails to work out, which is entirely natural and understandable. Aside from being an emotionally draining process, divorce can impact several aspects of your life, mainly your finances.
Shifting from a home supported by two individuals to one supported by one could be a scary prospect, especially considering how much it will cost to finalize the matter. Before you decide to file for divorce, you should familiarize yourself with the required court process and the costs you will incur to prepare ahead of time and make the process hassle-free.
Truthfully, there is no average cost for divorce because every couple's case is unique. How much your divorce will cost will depend on whether you have an attorney, the issues you need to resolve, whether you have children, and your assets and debts. Read on to learn about the costs you must know about before initiating a divorce.
Factors That Can Influence a Divorce's Cost
Although there is no exact formula for estimating divorce costs, the following information can help you make an informed estimate:
Whether Your Divorce Case is Contested or Uncontested
One of the primary factors determining the amount you are likely to spend on divorce is whether your case is contested or uncontested. In a few words, contested versus uncontested divorce comes down to whether you or your wife require a judge's intervention to resolve each family law, such as:
- Child support
- Division of marital property (all assets accrued since your union, marriage, and separation date)
- Spousal support
- Child custody
Generally speaking, contested divorce is what most people think about when they think about divorce. In this divorce model, you and your wife will have separate attorneys, and the sky is the limit regarding legal fees. A reliable attorney can be expensive, but sometimes his/her services are vital in legal matters for the best possible outcome.
Conversely, your divorce is uncontested when you and your spouse agree to end your relationship amicably without a judge's intervention. Explicably, uncontested divorces are quicker and cheaper than contested divorces. You could also qualify for what is known as summary dissolution. For this type of divorce, you and your spouse must agree to the terms of the divorce, such as:
- Child support
- Spousal support
- Division of property
When you opt for this option, you and your partner will submit a joint petition rather than the usual petition. Before you opt to go for an uncontested divorce, it is advisable to consult with an attorney for an hour or two to seek legal advice. Unlike a contested divorce, the attorney's legal fee in an uncontested divorce is lower because he/she will spend less time on your case.
Whether You Have Kids
The existence of children could impact how much you will likely spend on your divorce. Having kids could complicate your divorce and make the entire process costly, mainly when you and your partner engage in an argumentative child custody dispute.
Resolving child custody and child support issues will require you and your spouse to fill out and complete more forms. You will likely need an attorney to assist you in figuring out an acceptable and fair custody arrangement, which will cost you money and time.
When children come into play, most divorce cases end up in court because both parties are emotional about the situation, making them aggressive about child custody and child support issues.
The Length of Divorce Proceedings
If a divorce is on your mind, you should beware that the longer it will take to finalize your case, the costlier it will be because of the expenses involved in filing and maintaining the case through the trial, including:
- Attorney's fees
- Court's fees
Domestic Violence
The effect of domestic violence on divorce expenses is high and could be more than just emotional harm, physical harm, and money. A domestic violence case can have a significant impact on your divorce costs. It is worth noting that domestic violence could take several forms, including:
- Emotional abuse
- Physical abuse
- Economic control
- Sexual abuse
- Psychological abuse
If any of these types of domestic violence are present in your marriage, they could affect the divorce process and your financial future.
The Divorce Method You Will Choose
Generally speaking, divorce is not a "one size fits all" legal process and could take varying forms, depending on the facts of your unique case. Below are the different divorce methods you can choose from:
I. Litigation
Generally, any divorce process that requires litigation will likely attract steep costs. However, this could be the only option if your spouse is uncooperative. In this divorce method, you will both need to retain the services of an attorney to represent your best interests in court.
You will remain married on paper when you lawfully separate, but the judge will decide on asset division and child custody arrangements. Usually, most couples opt for legal separation for religious or financial reasons, like health insurance.
This type of separation is typically common among partners with children. Since you are still lawfully married, this separation will not impact your children's daily routine.
II. Collaborative Divorce
Collaborative divorce could be the perfect alternative to emotional arguments and lengthy court battles. Instead of sitting in a courtroom and allowing the judge to make the final decision on your divorce settlement, you and your wife can choose to handle your issues privately.
This divorce method is similar to mediation because you and your spouse will negotiate in a room with professional assistance. Collaborative divorce is similar to mediation, but this divorce method is more costly because you will likely need help from more than one expert.
First, you and your partner will retain the services of an attorney with experience in collaborative law, and you will each be accountable for your legal fees. You will also need the services of mental health coaches. Beyond that, you could need the services of child specialists, realtors, and accountants to assist you in sorting out a great deal, including parenting time and custody.
Although it is generally costly, collaborative divorce is a perfect alternative for parents with great custody differences who want to avoid epic battles. Generally speaking, collaborative divorce will cost you between $25,000 and $50,000, which could or could not cost less if you both decide to retain the services of an attorney and head to court.
III. Mediation
Another method you and your partner can use to resolve disputes or issues in your marriage is mediation. A third-party "mediator" will assist you and your wife in resolving your differences and coming to agreements on various aspects of the divorce during mediation, including (but not limited to):
- Spousal support payment
- Debts like credit cards
- Property and assets division
Although your mediator cannot make any decisions on your behalf, he/she will ensure that you know your constitutional rights and partner with experts like appraisers and accountants, if necessary, to aid you in making wise decisions. Working with a professional mediator can help you and your wife resolve your issues peacefully and work out an emotionally healthy divorce.
The price of this divorce method could range between $200 and $2,500. Below are some of the pros of mediation as an alternative dispute-resolution method for couples:
- It is faster and cheaper than taking your case to court
- You will not have to make concessions on crucial issues like property division and child custody since you have control over the outcome
IV. A Do-it-Yourself (DIY) Divorce
Your most cost-friendly divorce method is DIY divorce. If you opt for this divorce method, you will not receive any help from the court. Instead, you and your spouse will complete and file the necessary paperwork. The DIY divorce could work in your favor if you and your partner or spouse had a brief marriage and are not in an argumentative place.
Issues That Could Increase Your Divorce Costs
Aside from the divorce method you will choose and whether your case is contested or uncontested, other factors that could increase your divorce costs are how many matters you need to resolve, including:
Spousal Support
Also known as alimony, spousal support is the monthly payment one spouse will make to the other. The purpose of this money is to provide financial support to one spouse during or after the divorce. Here are three ways that spousal support could raise your divorce costs:
- If one of you does not have a job, you could require career coaching or education before you secure a job to sustain yourself financially
- If you decide to maintain separate residences throughout the divorce, you must make room for two households and sometimes pay alimony before your divorce is final.
- When you or your partner disagree or quarrel on the need for alimony, this will make the negotiation process longer and more costly
Property
You could also need to make an informed decision on how to divide your shared assets and property fairly. If this issue is the main point of disagreement or the basis of the argument, the time you will spend on the negotiation process could increase the divorce cost. Even if you are both in agreement, deciding to sell your home will attract additional costs, such as:
- Property improvement and appraisals
- Closing costs for real estate
- Moving expenses
- Taxes
Business
If you separately or jointly own and run a business, this will add another layer of sophistication to your divorce. Generally, you will need to retain the services of an accountant or business valuator to help you determine your business's worth and probable profit.
If there are disagreements or disputes over how to run a business or whether to sell it after divorce, these problems could take some time to resolve.
Debts and Assets
You will need the services of a financial planner if you and your partner have disagreements on the following matters:
- Investments
- Pensions
- Retirement funds
The following debts could also come into play:
- Students loans
- Car payment
- Personal loans
A trustworthy financial planner can provide the necessary knowledge and guidance to help you stretch your money to support two new households.
Taxes
All these issues discussed above will affect your tax obligations. Hence, it is a wise idea to retain the services of a competent tax professional to help you make knowledgeable decisions that will lower your tax obligations. Like a financial planner, working with a tax professional during a divorce can help you reach an agreement faster.
Child Support
Depending on each couple’s case facts, child support costs can vary significantly. The total amount of child support you will pay will depend on various factors, including:
- The length of your marriage
- Your total number of children
- Whether you have children from a past relationship or not
Frequently Asked Questions About Divorce Costs
Many couples considering a divorce will often ask the following questions to know what expenses to expect during the process:
What is the Cost of Enforcing a Divorce Decree?
The amount you will spend when enforcing a divorce decree will depend on the following:
- Type of enforcement action
- Type of order
- The monetary value of the involved assets
For instance, if your ex-partner is unwilling to pay alimony or child support as ordered by the court, you should file a contempt application. Although you can do this alone, it is advisable to do so with the help of an attorney who understands family law.
Retaining the services of an attorney could increase the time you spend preparing the necessary paperwork and the legal expenses you will pay at once.
What is the Cost of Adjusting a Divorce Decree?
The budget you need for modifying or adjusting a divorce decree will depend on the following factors:
- The complexity and sophistication of your unique case
- The issues involved in your case
In most cases, modifying your current settlement could be cheaper than starting over with a fresh one. If you want to adjust a current settlement, it is advisable to begin with a new one. A skilled attorney with significant experience in family law can assess your situation and let you know whether this is viable and the steps you can take before you proceed with any lawful action.
What is the Possible Cost or Fee Associated WIth Post-Divorce Matters?
Generally speaking, post-divorce matters could be as challenging as resolving the parentage and care of children or as simple as adjusting your divorce decree. The cost you will incur on post-divorce matters will depend on the kind of issue you have.
However, it is worth understanding that you will be financially responsible for each of them if your partner or spouse is unwilling to pay for them. Below are a few examples of common post-divorce matters or issues:
- Property division
- Child support payment
- Child visitation and custody rights
- Alimony
How Much Does It Cost to File for Divorce?
When calculating the potential cost of a divorce, the mandatory fee you cannot overlook is the filing fee, which could amount to up to $435. However, if you are indigent and cannot pay this fee, you can request a waiver or have your spouse pay. For complicated cases, you would have to pay an additional filing fee.
It is also worth noting that the petitioner will be accountable for the filing fees when you opt for an uncontested divorce. However, when you opt for litigation, you and your spouse will pay the same amount to file for divorce.
What is the Cost of a Divorce Attorney?
A divorce attorney's expense is a key determinant of the total amount you will spend on the divorce. Even for uncomplicated cases and the simplest divorce methods, seeking legal guidance from an attorney is a wise idea. Therefore, if a divorce is an option in your case, you should budget for attorney's fees beforehand to ensure the process is seamless.
Generally speaking, an attorney's fees will range between $300 and $950 per hour, depending on the complexity of your case. If your case is complex, some attorneys could even require a retainer or flat fee of between $2,500 and $25,000. Your divorce attorney could also charge additional fees as compensation for hiring financial appraisers, analysts, and witnesses.
Although retaining the services of a reliable attorney could be expensive, it is a vital investment, especially when your spouse is argumentative and aggressive. If your case is uncomplicated and you want to end your relationship on good terms, you can hire a lawyer for an hour or two to offer legal advice on the divorce process.
Find a Divorce Attorney Near Me
If you are considering a divorce, trying to handle everything yourself could seem like the best decision. However, retaining the services of an attorney is crucial because he/she can help ensure that you receive the money you deserve and protect your assets. A reliable attorney can help you save time and money on divorce.
Our reliable and understanding attorneys at San Diego Divorce Attorney would be glad to help you through a divorce in the most seamless and cost-friendly way possible. We invite you to call us at 858-529-5150 to discuss your case with our attorneys today.
