Divorce can be an emotionally and financially trying experience for both spouses. Divorce often necessitates major lifestyle changes for both partners, including their children. Furthermore, financial strain can sometimes arise from such proceedings.
Divorce costs vary widely by state. Contested divorces tend to be more costly than uncontested ones and may involve expensive expert witnesses and appraisals.
Costs for filing
Filing for divorce requires multiple fees, including photocopies, notary fees, mailing fees, process server fees and court funds. Costs will depend on your state and county of filing; some have additional filing fees for contested cases that can quickly add up.
Conflict between parties during a divorce directly correlates to its cost. Contending issues range from child custody decisions, alimony payments and property division. Each one will require negotiations, legal studies and additional expenses that increase divorce expenses.
Most states provide an option to waive the initial filing fee, typically available to people on public assistance or with low incomes. A notarized affidavit detailing one’s inability to afford these fees must be filed with this application; usually the judge assigned to your case will grant this request for fee waivers.
Costs for service
Divorce can be an emotionally and financially trying process. Uncontested divorce can save money; however, even an uncontested one could cost several thousand dollars with attorney fees, filing fees, and other associated costs.
Initial court filing fees typically run around $335; however, you should expect other expenses, including photocopies, notary fees, transportation, mailing and process server fees to vary by state and county; should financial hardship prevent this, you can seek a fee waiver to reduce expenses.
Protracted disputes over child custody and visitation can drive up your divorce costs significantly. A judge may order a custody evaluation, which can become even more expensive when each parent hires his or her own evaluators. Furthermore, you might require hiring a forensic accountant who searches for hidden assets; not to mention, your lawyer’s hourly rates which quickly mount.
Costs for attorney’s fees
Divorce court costs include attorney and filing fees as well as expenses such as property valuation experts, child custody evaluators, and tax advisors. While these expenses can add up quickly if your case involves complex custody or property division disputes, on average the cost for divorce without children or disputes is around $500.
If you don’t have enough money to pay your attorney’s fees, a fee waiver may be available to you. Every state allows potential litigants to file for one by filing a motion and affidavit; then your assigned judge will decide if you qualify.
Judges rarely order spouses to split the cost of attorney fees equally, but some courts do so to ensure both parties can access legal representation, especially when there is an earnings disparity between them. When making this determination, courts typically consider your financial status, length of marriage and merits of your case as factors in this determination.
Costs for expert’s fees
Your divorce litigation costs can increase substantially if you hire expert witnesses to aid the court with matters such as property division. Such experts could include financial advisers and accountants to help the court understand complex assets, or forensic appraisers to establish value of real estate or businesses owned by either partner. Travel expenses associated with these experts may also add substantial expenses.
Hired accountants typically charge several thousand dollars to search for hidden assets and require an upfront deposit payment that covers initial review of cases as well as ongoing service requirements.
Litigation can be the costliest part of the divorce process if neither party can come to an agreement on all issues. Divorce trials are time consuming and costly affairs; even simple cases may take months of litigation before reaching finalization in court. Mediation offers an alternative that saves both time and money while ending your marriage outside of court proceedings.
