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Cordell & Cordell
How Much Does a Divorce Cost?

Divorce can affect individuals in more ways than they might expect. The emotional impact is inevitable. Disruption to one’s life and routine is common. If children are involved, a divorce will impact them as well. 

Cordell & Cordell
How Much Does a Divorce Cost?

Divorce can affect individuals in more ways than they might expect. The emotional impact is inevitable. Disruption to one’s life and routine is common. If children are involved, a divorce will impact them as well. 

A major factor to consider is the cost of a divorce. As with other aspects of a divorce case, it’s difficult to predict the total cost. It will depend on factors such as the complexity of the issues, the amount of property needed to be divided, and whether a settlement agreement can be negotiated or you need to fight it out in court. Having a skilled divorce lawyer on your side is invaluable, but you should be aware of the legal fees you may face.

What is the Average Cost of a Divorce?

The overall cost of a divorce case includes more than just attorney fees. You may also be responsible for court costs, such as filing fees and fees for appraisers, childcare specialists, as well as other expenses. If your case goes to trial, you may need to hire exert witnesses, which can be quite expensive.

Additional costs associated with divorce cases include:

  • Filing fee: Payed to the court clerk when you file the divorce papers.
  • Process server: You must have your spouse served with the papers, or your spouse may sign a waiver of service. A process server may vary depending on your location and how quickly you need service to occur.

You may be able to get a waiver of court fees if you meet the court’s financial criteria.

What Are the Key Expenses in a Divorce?

While the cost of your divorce will depend on many possible factors, some expenses are present in every divorce case. Aside from attorney fees, you must pay the following when you file for divorce:

  • Filing fee, paid to the court clerk
  • Service fee, paid to a sheriff, constable, or private process server, unless your spouse waives service in writing

Depending on the complexity of your case, you may face some or all of the following additional expenses:

  • Child custody evaluations
  • Appraisers for real estate and/or personal property
  • Forensic accountants
  • Financial planners and advisors
  • Tax advisors
  • Mediation or arbitration fees

These expenses may be necessary to establish your case for property division, spousal support or alimony, child custody, and child support.

If you are unable to negotiate a settlement agreement and the case must go to trial, you could face additional expenses. Your attorney may charge more for taking a case to trial, and you may need to hire exert witnesses to testify on your behalf.

How Long Does the Divorce Process Take, and How Does It Affect Costs?

The divorce process can take anywhere from a few months to several years. It depends on factors like:

  • The complexity of the case
  • The spouses’ willingness to negotiate and compromise
  • Whether both spouses have legal representation
  • The backlog of cases on the court’s schedule

Many states have a minimum waiting period for a divorce, which can be as short as sixty days or as long as one year. A court cannot grant a divorce until the waiting period is over.

The duration of a divorce case can affect the cost. The most cost-effective way to handle a divorce case is for both spouses to negotiate and reach a settlement agreement quickly. This tends to lower the total cost for both parties.

How Do Contested and Uncontested Divorces Impact Costs?

The amount of time needed to resolve a divorce dispute is one of the biggest factors in the overall cost. In an uncontested divorce, the spouses negotiate a settlement agreement that resolves all of the major issues, including property division, spousal support, child support, and child custody. Their lawyers may help them negotiate, or they may just prepare the paperwork.

A contested divorce can take much longer and be much less predictable. An uncontested divorce can become contested if the spouses cannot agree on one or more issues. Their lawyers must prepare a case they can present to a judge or jury, which takes much more time and requires additional expenses.

Divorce mediation and collaborative law are options for helping spouses avoid conflict. These methods can be more expensive than an uncontested divorce because they involve more people. However, they are generally still faster and less expensive than a court battle.

How Do Payment Structures Work for Divorce Cases?

Divorce attorneys may charge fees using one of several different payment structures:

  • Hourly rate: Many attorneys charge by the hour. This is a common payment structure in family cases because of their unpredictability. It is difficult to know at the beginning of a case how long it will take to resolve. A law firm may charge a lower hourly rate for paralegals who work on a case.
  • Flat fee: Some family attorneys charge a set amount — known as a flat fee — for certain types of legal representation. For example, an attorney might charge a flat fee to handle an uncontested divorce, stipulating that they will only make one court appearance at the end of the case to present an agreed order. If the case becomes contested, the lawyer may either charge more or withdraw from representation.
  • Retainer: A lawyer may ask for an upfront payment to cover future legal fees and expenses. They must keep this money separate from the rest of their funds, and they may only transfer it once they have earned it.
  • Initial consultation: Lawyers typically meet with potential clients to discuss their cases before either of them decides whether to move forward. They may offer limited legal advice at this meeting without necessarily creating an attorney-client relationship, and they may charge a fee for their time. This meeting may take place in person, over videoconferencing software, or on a phone call.

Many law firms accept credit cards and payment plans to help potential clients who may not have the cash availability.

Cordell & Cordell offers two retention options:

Auto Pay Retainer Option:

Credit card is kept on file, and client is charged every 2 weeks

A $2,500 deposit to be used only if payment is declined, refunded if there are no issues

Deposit Option:

$3,500 deposit and work is billed every 2 weeks—if fee is unpaid, deducted from the deposit

Are Waivers or Reductions in Fees Available?

Fee waivers may be available to help people who cannot afford filing fees and other court costs. The eligibility criteria may vary from county to county, or even from court to court. You must file a written request to the court clerk. A judge will review the request and decide whether to grant it. Examples of grounds for a fee waiver may include:

  • Your monthly income is less than your essential monthly expenses
  • Your income is below a certain level, such as 150 percent of the federal poverty level in your area
  • You receive public assistance, such as SNAP or WIC

Do I Need a Family Law Attorney, or Can I Handle This Myself?

The more complicated your situation, the more an experienced attorney can help you, even if it’s expensive. A divorce case may involve complex legal questions that require a background in family law. You risk losing rights, even those you didn’t know you had, in matters like property division, child custody, or child support.

Why is Investing In the Right Attorney Important?

While it might be tempting to choose the least expensive attorney available, it’s important to consider the value of experience and specialization. A qualified family law attorney may come with a higher upfront cost, but they are more likely to anticipate issues, offer strategic guidance, and avoid costly mistakes—ultimately saving you time, stress, and money in the long run.

In contrast, an attorney without the right experience may overlook critical details or mishandle key aspects of your case, leading to delays, poor outcomes, or additional legal fees to fix avoidable errors. When it comes to something as important as your family, investing in the right representation can make a significant difference.

How Much Does Divorce Cost with a Divorce Lawyer?

The overall cost of hiring a divorce lawyer depends on many factors, including:

  • Whether an attorney charges an hourly rate or a flat fee
  • The attorney’s amount of experience
  • The attorney’s geographic location
  • Whether the parties have minor children
  • Whether they own complex marital property, such as real estate
  • Whether both parties have legal representation
  • Whether the parties can negotiate a settlement agreement or need the court to decide some or all issues for them

Why Work with Cordell & Cordell

Cordell & Cordell has decades of experience providing legal services to individuals dealing with family law disputes. The firm offers ebooks, podcasts, and virtual town hall meetings to educate men and women about their legal rights in divorce proceedings.

Client Experience

“The relationship they have with their clients is strong and professional. They handled each one of my cases with great care and dedication. Profoundly knowledgeable. “

Mike P.

“He is really an understanding kind of guy. He knows what the client wants and communicates well. He also lets you know when he will not be available. He is a good attorney. I will definitely be using him again.”

Tyler H.

Frequently Asked Questions

How Can I Reduce My Overall Divorce Costs?

Options like divorce mediation or a collaborative divorce can minimize court appearances and associated fees. Keeping your documents organized and maintaining open communication with your spouse can help streamline the process and reduce legal expenses.

What Should I Budget for Legal Representation During My Divorce?

Consider factors such as:

  • The attorney’s hourly rate or flat fee
  • Potential retainer fees
  • The complexity of your case

You may discuss these aspects with your attorney upfront to create a realistic budget that accommodates both expected and unexpected expenses.

Are There Any Hidden Costs in the Divorce Process That I Should Be Aware Of?

Hidden (or unseen) costs may include:

  • Court fees
  • Expert witness fees
  • Appraisals
  • Additional legal services that may become necessary during the proceedings

Awareness of these potential expenses can help you prepare financially and avoid surprises.

Where Can I Find Reliable Information About Divorce Costs in My Area?

Local family law attorneys, legal aid organizations, or state-specific online divorce resources can give you more information on the cost of a divorce. You can also get more personalized insights—based on your circumstances and location, from a qualified local attorney.

Schedule a Consultation to Discuss Your Divorce Case

Cordell & Cordell is a national family law firm that guides men and women through a range of family law issues, including divorce, child support, child custody issues, division of marital assets, and paying child support after a minor child enters college. Contact our team today at 866-323-7529 or fill out our online contact form to schedule an initial consultation.

Disclaimer: This page serves as a resource and is not to be taken as legal advice.