How much does a simple divorce cost in 2025?

Last updated 2026-07-09

What is a 'simple' divorce, exactly?

A simple divorce, in legal terms, is an uncontested, no-fault divorce. Both spouses agree on ending the marriage and on every major issue: property division, debt, any alimony, and, if you have kids, custody and child support. No one is fighting. No judge needs to referee.

Most divorces actually qualify. The American Bar Association notes that the majority of divorces in the United States settle before trial ^[1]. The fighting you see on TV is the minority. If you and your spouse can sit down, divide your stuff, and sign a settlement agreement, you almost certainly have a simple divorce.

The key legal requirement is that your state allows no-fault divorce, and every state does now. California became the first in 1969, and South Carolina was the last holdout to add a true no-fault option in 2024 ^[2]. No-fault means neither spouse has to prove wrongdoing. You just cite irreconcilable differences or an irretrievable breakdown of the marriage and get on with it.

Have kids? Courts still read the parenting plan carefully, but an agreed-upon plan still counts as uncontested. You're not automatically pushed into a contested case just because you have children.

What does a simple divorce actually cost?

There are three price points for a simple divorce, and they depend almost entirely on how much help you hire.

DIY with no professional help: You pay the court filing fee and nothing else. Filing fees range from about $80 in Wyoming to $435 in California ^[3]. Most states sit between $150 and $300. If you serve your spouse by mail or acceptance and skip a process server, you might add $0 to $50. Total: under $500, often under $300.

DIY with a document preparation service: You still file yourself, but you pay someone (or a service) to prepare the forms. Online document services typically charge $100, $300. With the filing fee, you're looking at $250, $600 total. This is worth it if your state's forms are confusing or if you have a settlement agreement to draft.

Hiring a divorce attorney: Even for an uncontested case, most family law attorneys bill hourly at $150, $450 per hour ^[4]. A simple uncontested divorce where both spouses cooperate might take 5 to 10 attorney hours, putting fees at $1,500, $5,000 per spouse, sometimes more. The median legal spend for a divorce with no contested issues is around $4,100, $5,000 according to survey data from Martindale-Nolo ^[4]. For a contested divorce, that median rises to over $15,000.

Here's the honest take. If you and your spouse agree on everything, hiring a full-service divorce attorney is rarely the best use of money. An attorney earns their fee when there is genuine disagreement, complex property, or a business to value. For a clean uncontested case, you're mostly paying for document preparation and peace of mind, both of which you can get for a fraction of the cost.

What are the court filing fees by state?

Filing fees are set by each state's legislature and updated occasionally. The table below shows filing fees for the divorce petition in a sample of states, based on state court schedules ^[3][5]. These are what you pay to start the case. Some states add a separate fee when you file your final decree or attend a hearing.

State	Filing Fee (approx.)	Notes
California	$435	Plus $435 for respondent in some counties [3]
Texas	$250, $350	Varies by county
Florida	$408	Uniform statewide
New York	$210	Uncontested index number
Illinois	$260, $340	Varies by county
Pennsylvania	$150, $250	Varies by county
Ohio	$150, $200	Varies by county
Georgia	$200, $250	Varies by county
Arizona	$349
Wyoming	$80	Lowest in the country

Can't afford the filing fee? Every state has a waiver process. You file a form (often called an Application to Waive Court Fees or a Poverty Affidavit) and, if the court approves, the fee is waived entirely. Income thresholds vary by state but generally track 125 to 200% of the federal poverty level ^[5].

California's filing fee is the highest in the nation at $435, and that number applies to each spouse filing separately in a fully litigated case. For a simple uncontested filing in California, you typically pay one filing fee to open the case and may pay a smaller response fee. Check your specific county court's fee schedule, because California lets counties add their own surcharges.

How much does a simple divorce cost in New York?

New York is one of the cheaper states for a simple divorce if you handle it yourself. The filing fee for an uncontested divorce (called an "uncontested matrimonial action") is $210 for the index number, which is what you pay to open the case ^[6]. There is no separate filing fee for the final judgment package in an uncontested case.

Here's how the total breaks down for a New York DIY uncontested divorce:

• Index number fee: $210
• Service of process (if your spouse signs an Acknowledgment of Service): $0
• Process server if needed: $50, $150
• Certified copy of final judgment: $10, $15 per copy
• Document preparation (optional): $100, $300

Total realistic range: $210, $675, depending on what help you use.

New York courts provide free self-help resources and form packets through the Unified Court System website ^[6]. The packet for an uncontested divorce without children is one set of forms. The packet when you have children is longer and includes a child support worksheet. Both are free to download.

"Uncontested divorce NY cost" is one of the most-searched divorce cost queries, probably because New York has a reputation for being expensive generally. But the court process itself is straightforward and cheap if you qualify. The state switched to no-fault divorce in 2010, so you don't need to prove fault, just an irretrievable breakdown lasting at least six months ^[6].

Hiring a divorce lawyer in New York City costs a lot more than the state average because NYC billing rates are higher. Expect $300, $500 per hour from a Manhattan family law attorney, even for an uncontested case. If you're in NYC and your divorce is truly uncontested, using a document preparation service or a DIY packet and then paying for a single consult to review your agreement is usually the smarter financial move.

What hidden costs should you watch for?

The filing fee is just the door price. Several other costs can sneak up on you.

Process server fees. If your spouse won't sign an Acknowledgment of Service or waiver, you need a process server to deliver the divorce papers. That costs $50, $200 depending on location and how many attempts it takes ^[3].

Certified copies. You'll want at least two or three certified copies of your final divorce decree. Courts charge $5, $25 per certified copy. You need these for changing your name on a driver's license, updating a deed, or changing a beneficiary on a retirement account.

Parenting classes. About a dozen states require divorcing parents to complete a parenting education course. Fees are usually $25, $50 per person. It's not optional in those states.

Name change costs. The divorce decree itself can restore your prior name at no extra court cost. But updating your Social Security card is free, updating your driver's license costs $10, $30 depending on the state, and a passport renewal (if needed) costs $130, $165 ^[7].

Retirement account division. If you're dividing a 401(k) or pension, you need a Qualified Domestic Relations Order, commonly called a QDRO. Courts don't prepare this for you. Attorneys or QDRO specialists charge $500, $1,500 to draft one, and the plan administrator may charge an additional review fee ^[8]. If you have no retirement accounts or you're keeping your own, you skip this entirely.

Notarization. Many divorce forms require notarized signatures. UPS stores and banks usually charge $5, $15 per notarization. Some states allow remote online notarization, which is priced about the same.

None of these are inevitable. A truly simple divorce (one spouse, no kids, no retirement accounts to divide, cooperative service of process) runs very close to just the filing fee plus a few certified copies.

Does having children change the cost?

Having kids doesn't automatically make a divorce contested or expensive. What it does is add paperwork and add scrutiny.

Every state requires a parenting plan (also called a custody agreement or parenting time schedule) when minor children are involved. If you and your spouse agree on the plan, you write it up, submit it, and the judge reviews it to make sure it serves the children's best interest. Agreed-upon parenting plans almost always get approved without a hearing.

You'll also need a child support calculation. Most states use a formula based on both parents' incomes and the parenting time split. Many state court websites have free calculators. You can also use a child support calculator to estimate what your state's guidelines will produce before you file.

The extra paperwork for a divorce with children adds time but not necessarily money, assuming you're handling the forms yourself. The forms are longer, the submission package is bigger, and some states want the parenting plan to be more detailed, but the filing fee is the same (or very slightly higher in some counties).

Parenting classes, mentioned above, are required in states like Arizona, Florida, and Connecticut ^[9]. Budget $25, $100 per parent for those.

Where children genuinely spike costs is when custody is disputed. The moment both parents disagree on custody or visitation schedules, you are no longer in simple-divorce territory. Contested custody cases can run $15,000, $40,000 per side when they involve psychological evaluations, guardian ad litem appointments, and multiple hearings. That's a different article.

Can you get a divorce for free?

Technically, yes. Free is possible in two scenarios.

First, fee waivers. If your income is low enough, the court waives the filing fee entirely. Most states use 125 to 200% of the federal poverty line as the cutoff ^[5]. For 2025, 125% of the federal poverty line for a single person is about $19,575 ^[10]. You fill out a form, attach proof of income, and the clerk either approves or denies it, usually within a few days.

Second, legal aid. If you meet income requirements, a legal aid organization may prepare and file your paperwork at no cost to you. Legal aid is real, and it is genuinely free, but it is also chronically underfunded. Wait times can be long and not every legal aid office handles family law. Find your local office through the Legal Services Corporation's directory ^[11].

A few self-help clinics at courthouses provide free form review. A paralegal or volunteer attorney looks at what you've filled out and flags errors before you file. They're not giving legal advice, but they catch the typos and missing notarizations that would get your packet rejected.

If you don't qualify for a fee waiver and legal aid isn't available, the lowest realistic cost for a simple divorce is your state's filing fee plus a few dollars for certified copies. For many people, that's $150, $250 total.

How long does a simple divorce take, and does speed cost more?

The timeline for a simple uncontested divorce is mostly set by two things: your state's mandatory waiting period and the court's processing backlog.

Mandatory waiting periods (sometimes called "cooling-off" periods) range from zero in states like Alaska and Washington to six months in California ^[12]. Most states require 30 to 90 days between filing and final judgment. You cannot pay to skip the mandatory waiting period. It's set by statute.

Court processing time is separate. Once your waiting period is up and your paperwork is complete, some courts finalize uncontested divorces in a few weeks. Others have a backlog that pushes the timeline to several months. California's LA County Superior Court, for example, has processing times that can stretch 6 to 9 months beyond the mandatory 6-month wait. There is no fee to expedite this.

Some states let you submit your final paperwork by mail and never appear in court at all for an uncontested divorce. Others require a brief prove-up hearing, usually 5 to 10 minutes, where you confirm your agreement to a judge. Neither format costs extra beyond the standard fees.

The practical answer: budget 3 to 12 months from filing to final decree, with the wide range reflecting both state rules and court workload. Doing your paperwork correctly the first time is the single most controllable variable. Rejected packets add weeks or months while you correct and resubmit.

Is it worth paying for a document preparation service or DIY packet?

This is the genuinely contested question in the simple-divorce space, and the honest answer is: it depends on how comfortable you are with legal forms and how complex your situation is.

If you have no property, no shared debt, no children, and no retirement accounts, most state court self-help centers offer free form packets that walk you through every step. New York ^[6], California ^[3], and Texas ^[5] all have strong self-help resources. You don't need to pay anyone anything beyond the filing fee.

If you have a house, children, or a settlement agreement to negotiate, a document preparation service earns its cost by making sure the language in your agreement is specific enough to be enforceable and that you haven't missed a required disclosure. A vague settlement agreement that says "husband keeps the house" without addressing what happens to the mortgage is the kind of thing that creates expensive problems two years later.

DivorceClear's document packet, for instance, costs $149 and covers a complete uncontested divorce filing with a settlement agreement included. That's a fair price if you don't want to hunt down every form yourself. Whether you use that or a state court's free packet, the goal is the same: a complete, accurate filing that the court accepts without rejection.

Where I'd spend the money is on a single one-hour consultation with a divorce attorney if you own real property or have a 401(k) to divide. One hour at $200, $400 to confirm your settlement agreement is solid is worth it. Full-service attorney representation for an uncontested case almost never is.

Want to know what divorce papers actually consist of? That's a good next read before you start filling anything out.

What affects the total cost most?

Six factors drive the total cost of a simple divorce more than anything else.

Whether you hire an attorney. This is by far the biggest variable. Going from full attorney representation to DIY typically saves $3,000, $10,000 per spouse.

Your state's filing fee. Unavoidable, but it varies 5x from Wyoming ($80) to California ($435).

Whether you have real property. A shared home requires specific deed transfer language in your settlement agreement and, often, a quitclaim deed to transfer title after the divorce. Deed preparation adds $100, $400 in some cases.

Whether you have retirement accounts. As noted above, a QDRO adds $500, $1,500 if you need one.

How cooperative your spouse is. An uncontested case where both spouses are cooperative and organized can be finished for under $500. The moment one spouse starts disputing terms, costs climb fast, because you either hire an attorney to negotiate or you spend more time in court.

Your state's residency requirement. Some states require you to live there for six months to a year before you can file ^[12]. That's not a dollar cost, but it's a real constraint. If you just moved, you may be stuck waiting.

The divorce rate in America has shifted over the decades, but the financial stakes for individuals haven't. Getting this process right matters, not so much legally as practically, because mistakes in your divorce decree can affect your finances for years.

When does a 'simple' divorce stop being simple?

Several situations turn a simple divorce into a complicated one, and knowing them in advance saves you from starting the DIY process and then having to bail out halfway.

Hidden or complex assets. If one spouse owns a business, has stock options, or holds significant assets outside joint accounts, a professional valuation is needed. You can't divide what you haven't found or valued. The court won't do this for you.

Significant alimony disputes. If both spouses agree on alimony, the amount, and the duration, it goes in the settlement agreement and you're done. If there's any disagreement, you're in contested territory. Alimony (also called spousal support or maintenance) is fact-specific and judges have wide discretion. That's exactly where having a lawyer is worth real money.

Domestic violence history. If there is any safety concern, the entire DIY framework changes. Protective orders, supervised exchanges for children, and confidential address programs may be needed. Most courts have resources specifically for this. The National Domestic Violence Hotline is 1-800-799-7233 ^[13].

One spouse refuses to participate. An uncontested divorce requires both spouses to cooperate, at minimum to the point of not fighting the case. If your spouse ignores the lawsuit entirely, you can get a default judgment, which is a different but still manageable process. If your spouse actively contests the divorce, you're no longer in simple-divorce territory regardless of how clean your initial situation seemed.

Military service. The Servicemembers Civil Relief Act (SCRA) affects how and when you can serve a military spouse and whether a default judgment is available ^[14]. Not impossible to work through, but it adds a layer.

For most people reading this: if you can honestly say "we agree on everything," you have a simple divorce. Start with your state court's self-help center. See how far you get.

Frequently asked questions

How much does a simple divorce cost with no kids and no property?

With no children and no shared property, you're looking at just the court filing fee plus a few dollars for certified copies. Filing fees range from $80 in Wyoming to $435 in California, with most states between $150 and $300. If you prepare your own forms using your state court's free self-help resources, the total cost can be under $350 in most states.

How much does a simple divorce cost in NY?

An uncontested divorce in New York costs $210 for the index number filing fee. Add $50, $150 for a process server if your spouse won't sign an acceptance of service, and $10, $15 per certified copy of the final decree. Using a document preparation service adds $100, $300. Total realistic range: $210 to $675. New York's Unified Court System provides free form packets at nycourts.gov.

Can I get a divorce for under $500?

Yes, in most states. If you use your state court's free self-help forms, pay the filing fee yourself, and your spouse cooperates on service of process, the total often runs $150, $350. California is the notable exception, where the filing fee alone is $435. Low-income filers can apply for a fee waiver in every state, which brings the cost to zero if approved.

What is the cheapest state to get a divorce?

Wyoming has the lowest divorce filing fee in the country at around $80, followed by states like Arkansas and Mississippi in the $100, $150 range. That said, you typically have to be a resident of a state for a set period (often 6 to 12 months) before you can file there, so moving to save on fees rarely makes practical sense.

How much does it cost to file for divorce yourself without a lawyer?

Filing yourself (called pro se representation) costs the court filing fee plus any optional services you choose. Court filing fees are $80, $435 depending on the state. If you add a document preparation service, budget $100, $300 extra. Process server fees run $50, $150 if needed. Total out-of-pocket for a DIY uncontested divorce in most states: $150, $600.

How long does a simple uncontested divorce take?

Anywhere from 30 days to about 12 months, depending on your state's mandatory waiting period and court backlog. States with no waiting period, like Alaska, can finalize in weeks if the court moves quickly. California requires a 6-month waiting period by statute, so no California divorce can be final in less than 6 months regardless of how simple it is.

Do I need a lawyer for an uncontested divorce?

You are not legally required to have a lawyer for an uncontested divorce in any U.S. state. Courts explicitly allow self-representation, called appearing 'pro se.' Where a lawyer adds real value is reviewing a settlement agreement that involves a house, retirement accounts, or alimony. For a truly simple case, one legal consultation (not full representation) is usually enough if you want professional input.

What is a divorce filing fee and what does it cover?

The filing fee is what you pay the court clerk to open your divorce case. It covers administrative processing, docketing your case, and the judge's time to review and sign the final decree. It does not cover attorney fees, document preparation, process server fees, or certified copies. Filing fees are set by state law and county court rules, and they range from $80 to $435 across U.S. states.

Can I get a divorce fee waiver if I can't afford the filing fee?

Yes. Every state has a fee waiver process, often called an Application to Waive Court Fees or a Poverty Affidavit. Eligibility is generally tied to income at 125 to 200% of the federal poverty level, which for 2025 means roughly $19,500, $31,200 for a single person. You file the waiver request with your initial divorce papers, and the court approves or denies it, usually within a few days.

How much does it cost to divide a 401(k) in a divorce?

Dividing a 401(k) requires a Qualified Domestic Relations Order (QDRO), a separate legal document that instructs the plan administrator how to split the account. Attorneys or QDRO specialists charge $500, $1,500 to draft one. The plan administrator may charge an additional $300, $500 review fee. If you keep your own 401(k) and your spouse keeps theirs, you skip this cost entirely.

Does the cost of a simple divorce include name change fees?

The divorce decree itself can restore your prior name at no extra court cost. After that, changing your name on a Social Security card is free (SSA.gov). Updating a driver's license costs $10, $30 depending on your state's DMV fee schedule. A passport renewal, if needed, costs $130, $165 as of 2025. These are separate from the divorce filing and paid to different agencies.

What is an uncontested divorce and how is it different from a contested one?

An uncontested divorce means both spouses agree on all terms: property division, debt, alimony (if any), and, if you have kids, custody and child support. No judge needs to decide anything. A contested divorce means at least one issue is disputed, requiring hearings and sometimes a trial. Uncontested divorces are dramatically cheaper, often under $600 DIY versus $15,000, $30,000 or more for a fully contested case.

Are online divorce services worth the money?

For a straightforward uncontested case, yes. A good online document service produces state-specific, court-ready forms and a settlement agreement for $100, $300, saving you hours of research. The risk is that cheaper services sometimes use generic forms that don't meet specific county requirements. Before paying, confirm the service generates forms specific to your state and county, not one-size-fits-all templates.

What happens if my divorce paperwork gets rejected by the court?

Rejection (called a 'deficiency notice') means the clerk found an error: a missing signature, wrong form version, missing notarization, or incomplete information. Your case is not dismissed. You correct the issue and resubmit. The downside is time: resubmission typically adds 2 to 8 weeks to your timeline. Reviewing your state court's self-help checklist before filing is the easiest way to avoid this.

Sources

1. American Bar Association, Family Law Section: The majority of divorce cases in the United States settle before reaching trial.
2. South Carolina Legislature, S.C. Code Ann. § 20-3-10: South Carolina added a true no-fault divorce ground; every U.S. state now allows no-fault divorce.
3. California Courts Self-Help Center, Divorce or Separation: California's divorce petition filing fee is $435; fee waiver applications are available for low-income filers.
4. Martindale-Nolo Research, Cost of Divorce Survey: The median total cost of a divorce with no contested issues is approximately $4,100–$5,000; contested divorces average over $15,000.
5. Texas Courts Self-Help Center, Divorce: Texas provides free divorce form packets through its court self-help center; fee waivers are available at 125–200% of the federal poverty level.
6. New York State Unified Court System, Uncontested Divorce Packet: The index number fee for an uncontested matrimonial action in New York is $210; free form packets are available for cases with and without children; New York adopted no-fault divorce in 2010 citing irretrievable breakdown of at least six months.
7. U.S. Department of State, Passport Fees: U.S. passport renewal costs $130–$165 as of 2025.
8. U.S. Department of Labor, FAQs on QDROs: A Qualified Domestic Relations Order (QDRO) is required to divide a 401(k) or pension in divorce; plan administrators may charge a review fee on top of attorney drafting costs.
9. Arizona Supreme Court, Family Law Forms: Arizona requires divorcing parents to complete a parenting education course; fees are typically $25–$50 per person.
10. U.S. Department of Health and Human Services, 2025 Federal Poverty Guidelines: 125% of the 2025 federal poverty level for a single person is approximately $19,575.
11. Legal Services Corporation, Find Legal Aid: The Legal Services Corporation funds free civil legal aid for low-income individuals, including family law matters; local offices can be found through LSC's directory.
12. California Family Code § 2339: California imposes a mandatory 6-month waiting period before a divorce can be finalized; Alaska imposes no mandatory waiting period.
13. National Domestic Violence Hotline: The National Domestic Violence Hotline is available at 1-800-799-7233 for safety planning and resources.
14. Servicemembers Civil Relief Act, 50 U.S.C. §§ 3901–4043: The Servicemembers Civil Relief Act affects service of process and default judgment timelines when a military spouse is involved in a divorce.