How Much Does a Divorce Cost if Both Parties Agree?

When you are first considering divorce, it is common to turn to Google to answer your questions. One of the initial questions you might ask is “How much does a divorce cost?” If your goal is to divorce in a civilized fashion (as opposed to being brutal with each other), and you also believe that it will be cheaper than the average divorce, you might also ask, “How much does a divorce cost if both parties agree?”

While Google can help with a lot in our lives, it is important to recognize that Google just scratches the surface. Googling “how much a divorce will cost if both parties agree” will populate a wide range of numerical estimates. But it may not explain that all divorces involve choices. Those choices come with different price tags and protections. Nobody should be making important life decisions from the generalities generated by Google. Rather, the better idea is to find out first-hand how much a divorce will cost by speaking to an attorney in your city or town.

A divorce attorney will be able to provide you with the likely cost of an uncontested divorce versus a contested divorce and give you further details.

The attorney’s estimate should be based on the specific facts of your marriage and the circumstances of your case. If an attorney gives you a precise number and it is not for a flat-fee project, you should be skeptical because no attorney can predict with certainty how everything will play out in a divorce or the total amount of time a divorce will take.

How long it is going to take depends heavily on the other side’s behavior. The cost may increase depending on how your soon-to-be ex-spouse and their attorney act. If you have even one unreasonable person on the other side, you can find yourself getting slowed down and paying substantially more in legal fees.

What does “Cost” Mean When It Comes to Divorce?

For many, cost is not only measured in dollars and cents. There are other important costs besides finances to consider, such as our mental health, quality of life, and peace of mind. There is also a cost for “learning things the hard way.” You would not hire a personal injury lawyer or elder law attorney for a divorce. Similarly, you would likely avoid hiring a cheaper attorney for a custody trial. It’s risky if your legal advocate has no prior experience in such cases.

If you wonder about that, you may wish to read why it’s important to steer clear of cheap divorce lawyers.

Paying more to retain an experienced attorney who will adequately prepare you and your potential witnesses for direct examination and cross-examination may be worth the extra money to retain custody of your children. If you lose custody, you may then end up filing an expensive appeal and find yourself entrenched in costly litigation until your child is emancipated. 

Again, paying less up-front may cost you more in the long-run. 

Sometimes people settle for peace. They may accept less in equitable distribution than they are legally entitled to just to have certainty and peace now. While that feels stabilizing in the moment, many years down the line, you may be stuck with the consequences of your earlier decision. 

Make sure that it is something that you and your family can live with.

If you think you may be facing a legal battle over the children, you might want to read what could be used against you in a custody battle.

Maybe you question the value of a divorce attorney altogether. If so, we urge you to read do you need a lawyer for a divorce?

How Much Does It Cost to File for a Divorce?

Filing fees vary from state to state. In New York State, to commence a divorce action by purchasing an index number, the filing fee is $210.00. 

What Does the Filing Fee Not Cover?

The initial filing fee does not include many additional filing fees that will be procedurally required later on.

For example, you will likely use the services of a process server to serve the Summons with Notice or the Summons with a Verified Complaint on your spouse to commence a divorce action.  The cost of a process server may range based on what county you are in, how many documents you need served, and whether you are requesting a “rush” job.  In addition, if the process server is unable to serve the Defendant after three initial attempts, you will have to pay for additional attempts, increasing the overall fees. A flat fee for a process server may cost anywhere between $150.00 to $300.00. You should research prices online and do some comparative pricing based on what county the Defendant resides.

Expert Fees and Other Filing Fees:

Your initial retainer and legal fees will not include the cost of expert fees or the court filing fees mentioned above.

Expert fees may involve a forensic accountant if you need to inspect, analyze, and trace your spouse’s expenditures or attempt to find hidden assets. You may need to hire a pension appraiser or an appraiser for your home. For cases where custody is at issue, a neutral mental health evaluator, parenting coach, or agency costs for supervised visitation may be additional fees that you will incur.  These expert fees can get expensive quickly. They will also significantly deplete your retainer.

Litigation Fees

Additional legal fees depend on whether your case is uncontested or contested. If you have a contested divorce case before a judge and wish to file a motion, there is a filing charge.

Read here if you need to learn what is a contested divorce.

If you have a deposition, you will have to pay for the court reporter’s time to type up the deposition transcript. You will then have to pay to order a copy of the deposition transcript. If your case goes to trial, you will pay not only additional legal fees for an attorney to prepare you for trial, represent you at trial, but also to submit a post-trial brief. You will also pay for the cost for the preparation of all of your exhibits and your trial transcript. 

How Much Does an Online Divorce Cost?

The price of online divorces varies based on what online divorce program you are using, but if you agree on all issues and proceed with an uncontested divorce, LegalZoom and other online divorce options can be as cheap as under $500.00.

Read more and learn, if you wonder how does an online divorce work?

How Much Does a Divorce Mediator Cost?

Divorce mediation usually consists of a mediator and the two parties going through the divorce. It does not include two attorneys also representing the parties. The price of divorce mediation will vary depending on the factors below:

1. Location: What country, state, and town do you reside in? Rural places are going to cost significantly less than urban venues.
2. Complexity: Are there particular issues that could make the divorce costlier? (How many children, assets, real property, and debt do you have? Are there allegations of domestic violence, abuse, or financial wrongdoing, such as hiding assets or under-reporting income?)
3. Failed Mediation: There may also be a cost if you have to abandon mediation and start over with divorce attorneys. Then, you have sunk money into mediation and still need to retain attorneys for divorce. This is not uncommon.

In New York City, a divorce mediation can cost between $5,000 and $9,000. This includes mediation sessions, caucusing, documentation preparation, and filing fees. There is typically an hourly fee set.  Obviously, the more time it takes to reach a settlement, the higher the cost will be.

How Much Does a Collaborative Divorce Cost?

Collaborative divorces obviously work best when there is not a high level of conflict between the parties and when both people are honest and willing to work out issues in a fair way.

Collaborative divorces are also billed at an hourly rate. This is a much costlier option than traditional mediation because it involves not only the litigants, but a team of collaborators, including the litigant’s attorneys who hold certifications in collaborative divorce. Other professionals may join the collaborative divorce team. These professionals serve as neutral accountants, appraisers, and mental health specialists whose goal is to provide necessary support and assistance for the parties during the mediation process.

How much a collaborative divorce costs depends greatly on the specifics of the story, the people divorcing, and the number of experts they employ in the process. Suffice it to say, a collaborative divorce is usually more expensive than a traditional mediation process but less expensive than a traditional divorce that goes to court.

How Much Does a Divorce Cost Using a Divorce Attorney?

According to Forbes, the average cost for a divorce is between $15,000 and $20,000. Again, this will vary depending on the complexity of your case, the relationship that you have with your spouse, and your geographic location.

If you have a more contentious relationship with your soon-to-be ex or if the litigation turns contentious, it could run you upwards of $15,000 – $20,000. In large cities such as Manhattan, you may spend several hundred thousand dollars in legal fees. While there is a definite financial cost to using a lawyer in divorce proceedings, there could be a lesser cost to your mental health in having someone who is an expert advocate for you, who is paid to protect your interests. This is especially true if your spouse is a bully, controlling, or if you have reason to distrust what he says.

Similarly, there is also an intangible cost in potentially making a mistake and shortchanging yourself in the long-run.

If you are in a rush to “settle” or if you decide to represent yourself, you may significantly increase your chance of harming yourself down the road. Most importantly, there is also a cost to not being educated outside of the divorce mediation arena and negotiating directly with your spouse when you have little or no understanding of the law. This may lead to your short-changing your financial future. Always have at least a consultation with an attorney to answer your basic questions and advise you on what you are legally entitled to.

Check out questions to ask a divorce attorney at a consultation.

As well, make sure you explore what alimony is and your claim to it, or what you may have to pay your soon-to-be-ex.

How Do Divorce Attorneys Bill?

When you first retain an attorney, you will be asked to sign a Retainer Agreement. You should review the retainer carefully before signing it, as it enumerates the terms of your legal representation. Always save a copy of the Agreement for yourself.  If you have any questions about the scope of the retainer, ask your attorney. Now is the time to try to negotiate what you can. The retainer will explain the types of services that you will be billed for, how often you will be billed, and the amounts for the services. Legal services are usually billed hourly. A partner (who has more experience) will bill at a higher hourly rate than a recently admitted attorney. The retainer should specify who from the firm performed the legal or administrative services for each itemized task. Blanket billing is prohibited.

Typical Retainer Fees and Costs

In New York City, an initial retainer in a contested divorce may range from $7,000 to $20,000. Once the initial retainer is depleted, you will need to replenish the retainer. An uncontested divorce may have a flat fee or an hourly fee. For an uncontested divorce, you are more likely to successfully negotiate fees.

SAS Tip: Most law firms will bill on a monthly basis. Always carefully review your legal bill when you receive it. If you have questions about the amounts charged, contact your attorney right away to discuss billing concerns.

Keep in mind that an hourly billing rate in Manhattan is going to be substantially higher than one in Putnam County.  In New York City, hourly rates may vary from $300.00 – $800.00 per hour. Again, the higher rates will be for an experienced partner’s time. The lower rates will be for less experienced attorneys known as associates. Also, be mindful that at some large firms, you will rarely be speaking to partners on a daily basis and may end up dealing with associates. SAS TIP: Always be kind and polite to the legal staff, as people are more likely to be helpful when they like you. This will also be helpful if you later need to ask for any “write-offs” from your bill.

If you are stepping into the divorce process and hope to be organized and smart, you’ll want to review our modern divorce checklist that we created for thoughtful women like you.

How Can You Keep Divorce Lawyer Fees Down?

Here are some ideas for saving on legal fees:

1. You can ask an attorney for a limited scope representation.

For example, if you draft uncontested divorce documents and just want an attorney to review them, you can enter into a “limited scope” retainer specifying the limited terms of the representation. This should substantially lower your legal fees. 

2. If you cannot afford an attorney, you may consider having a family member or friend sign as a guarantor on your retainer agreement.

This way, the law firm knows that it will be able to collect its fees. You can also try to negotiate fees by asking for a lower hourly billable rate for both legal services and administrative fees. 

3. Doing as much non-legal work as possible can save you from costs.

Every phone call and email to an attorney is “billable time,” and those communications add up very quickly. You may wish to speak to a paralegal or secretary regarding non-legal questions about your case because legal support staff will have a cheaper billing rate than an attorney. Limit your phone calls and emails to an attorney. 

4. Do not use your lawyer as a therapist.

Speak to trusted family, close friends, or a therapist about emotional support. Calling and emailing your attorney about your feelings and constant check-ins are a great way to waste money.  Your attorney is busy with many clients and competing deadlines. They know what needs to get done and by when, so there is no reason to constantly check in.

5. Most importantly, you should organize and prepare documentation in a clear manner so that the legal team does not waste hours trying to organize your files.

Re-typing drafts of affirmations, notes, and statements of net worth that you previously submitted. The more informed you are about your family, your finances, and the more documentation that you can provide to your attorney, the more it will result in cost savings.

Conclusion

In summary, always weigh what “cost” means to you.

Is it financial, emotional, or about your mental health? Is it all of these factors combined? Do you trust your soon-to-be spouse so that the two of you can negotiate a fair settlement? Mediation or a collaborative divorce may be preferable in that case. When there is a high level of mistrust, seeking an attorney may be the better option. And should you decide to hire an attorney, remember to try and negotiate prices before signing the Retainer Agreement. Always take care of as many document production and administrative matters as possible to save fees.

NOTES

A zealous advocate for her clients, Meredith L. Singer is an experienced New York City divorce attorney who strives to keep legal representation affordable and accessible.

If you live in New York City or Brooklyn, schedule your free 15-minute consultation with Meredith by emailing her at meredithsingerlaw@gmail.com

 

Whether you are thinking about divorce, dealing with it, or recreating the life you deserve, one thing we see making a significant difference for women is the conscious choice to not do it alone. Since 2012, smart women around the world have chosen SAS for Women to partner with them through the emotional, financial, and oftentimes complicated experience of breaking up and reinventing.

 

*We support same-sex marriages. For the sake of simplicity in this article, however, we refer to your spouse as your “husband” or a “he.”