How much does divorce cost if both parties agree?

Last updated 2026-07-09

What does an uncontested divorce actually cost?

If you and your spouse agree on everything and handle the paperwork yourselves, your total cost is usually just the court filing fee. That runs $150 to $500 depending on your state. ^[1] No hourly attorney rates. No discovery fights. No mediation billed at $200 an hour.

Most people spend a little more, though, because they want help with the forms, a second set of eyes on their agreement, or both. A document preparation service adds $100 to $500 on top of filing fees. A one-time attorney review (not full representation, just a consult to check your settlement agreement) costs $300 to $1,500 in most markets. So the realistic all-in range for an agreed divorce is roughly $300 to $2,000, and most couples land well under $1,000. ^[2]

Compare that to a fight. Martindale-Nolo's 2023 research found contested divorces that go to trial hit a median of $20,000 per person in attorney fees. ^[2] Agreement is more than polite. It is the biggest financial decision of the whole divorce.

What are the filing fees by state?

Filing fees are set by each state's legislature and updated now and then, so what you hand the clerk varies a lot. Below are filing fees for the 15 most-populated states as of 2024. If your state isn't listed, check your county court's self-help page directly. ^[4]

State	Divorce filing fee (approx.)
California	$435, $450 [1]
Texas	$250, $350 (varies by county)
Florida	$408
New York	$210
Illinois	$289, $388 (varies by county)
Pennsylvania	$150, $350 (varies by county)
Ohio	$150, $250 (varies by county)
Georgia	$200, $220
North Carolina	$225
Michigan	$175
New Jersey	$300
Virginia	$86 + $83 service fee
Washington	$314
Arizona	$338
Colorado	$230

Some states charge a separate fee to serve the papers on your spouse. If your spouse signs an Acceptance of Service or Waiver of Service form (common in agreed cases), you usually skip the $50 to $100 process server cost entirely. ^[5]

Fee waivers exist in every state for people who qualify under poverty guidelines. In California, Form FW-001 asks the court to waive fees if your income is at or below 125% of the federal poverty level. ^[1] Every state has an equivalent form. Ask the clerk or check the court's self-help page.

What raises the cost even when you both agree?

Agreeing in principle is not the same as agreeing on paper correctly. A few situations push costs up even when nobody is fighting.

Children. A divorce with minor children needs extra forms: a parenting plan, a custody and visitation schedule, and usually a child support worksheet run through your state's guidelines. ^[6] Some counties require a parenting class ($25 to $75) before the judge signs. The filing fee doesn't change, but prep time and complexity go up, which matters if you're paying someone to do the paperwork.

Real estate. Own a home together? You'll need a deed transfer or a buyout agreement as part of the final decree. Recording a new deed at the county recorder runs $10 to $30. If you need a quitclaim deed drafted by an attorney or title company, add $150 to $500. ^[7]

Retirement accounts. Splitting a 401(k) or pension takes a Qualified Domestic Relations Order (QDRO), a separate court order with exact language the plan administrator has to approve. Attorney fees to draft a QDRO run $500 to $1,500, and some administrators charge their own processing fee of $300 to $600. ^[8] This is the one place where skimping on professional help can genuinely cost you money later. A rejected QDRO means starting over.

Service of process. If your spouse won't sign a waiver, you'll hire a process server ($50 to $150) or use the sheriff or certified mail ($20 to $75). This comes up even in mostly agreed divorces when communication has gone cold.

County surcharges. Plenty of counties tack on domestic relations fees, technology fees, or facility fees. Los Angeles County adds a $15 domestic violence prevention fee, for one. Small, but they add up and rarely show on the headline fee schedule.

Do you need a lawyer for an uncontested divorce?

No. Every state lets you represent yourself in divorce court. Lawyers call it appearing pro se. Judges can't give you legal advice, but most family courts run self-help centers staffed by facilitators who help you fill out forms correctly, no attorney rates attached. ^[4]

A lawyer earns their fee in specific spots. Complex retirement account, a business, a real debt dispute, or any fuzziness about custody, and one hour with a divorce attorney to review your settlement is cheap insurance. Paying $300 to $500 for a review consult beats re-opening a divorce case in two years because the agreement was unenforceable.

For a plain case (no kids, modest assets, short marriage, both spouses working), doing it yourself is entirely reasonable. Thousands of people file their own uncontested divorces every year using state court forms. Start at your county courthouse self-help center. ^[4]

Want professionally prepared divorce papers without attorney rates? A document preparation service is the middle path. DivorceClear's $149 document packet generates your state-specific forms from your answers, and you file them yourself. You're not hiring a lawyer, but you're not staring at a stack of blank forms either.

How does an uncontested divorce compare to a contested one in total cost?

The gap between an agreed divorce and a contested one is not a rounding error. It is an order of magnitude.

Martindale-Nolo's 2023 research put the average total cost of divorce, attorney fees included, at $12,900 per person. For contested cases that went to trial, the median hit $20,000 per person. Uncontested divorces in the same research averaged $4,100, and that figure includes people who hired attorneys for full representation. ^[2] Do-it-yourself agreed divorces with no attorney come in under $1,000.

Divorce type	Average cost per person
DIY uncontested (no attorney)	$300, $1,500
Uncontested with attorney	$2,500, $5,000
Contested, settled before trial	$10,000, $15,000
Contested, goes to trial	$15,000, $30,000+

Those are per-person numbers. A contested trial can cost a couple $30,000 to $60,000 combined once you add both sides' lawyers. The house you're fighting over in court can cost more to litigate than the equity you'd split by just agreeing.

Time tracks money. Uncontested divorces finish in 1 to 6 months in most states, waiting periods included. Contested cases routinely run 12 to 24 months. Every extra month is more billed attorney hours.

What is the mandatory waiting period and does it affect cost?

Many states make you wait between filing and the day the judge can grant the divorce. The wait itself costs nothing, but it delays the final decree, which matters if you need the divorce done for tax, insurance, or remarriage reasons.

Waiting periods swing widely. California requires 6 months from the date the respondent is served. ^[1] Texas makes you wait 60 days from filing. Florida requires 20 days. Alaska and Washington have no mandatory waiting period at all. ^[11]

The waiting period doesn't raise your filing fee, and it doesn't make you do anything extra. You file, serve your spouse (or have them sign a waiver), submit your paperwork, and wait. If your agreement is complete and the court isn't backed up, the judge signs the decree once the clock runs out. In busy counties, processing time can add another 4 to 12 weeks on top of the statutory wait.

How does property division affect the cost of an agreed divorce?

Property division is where agreed divorces quietly pick up costs. If you've already settled who gets what, the paperwork to put it in writing is usually simple. A few asset types need extra legal steps, though.

Bank accounts and personal property. Nothing extra to file. Your decree or settlement agreement spells out the split, and banks honor the decree when you show it. No cost beyond the decree itself.

Real estate. You need a deed recorded to move title out of joint ownership. A quitclaim deed costs $10 to $30 to record at the county recorder ^[7], plus whatever you pay to draft it ($0 with a template you fill in yourself, $150 to $500 if a paralegal or attorney does it).

Vehicles. A signed title transfer at the DMV runs $15 to $50 per vehicle. You handle it after the divorce is final.

Retirement accounts. The QDRO for a 401(k) or pension is the priciest wrinkle in an otherwise simple case. Budget $500 to $1,500 for drafting, and check whether the plan administrator charges a separate approval fee. ^[8]

Debt. Assigning a debt in your decree does not remove a joint account holder in the creditor's eyes. Say your spouse takes the car loan, but both names are on it. If payments stop, the lender can still come after you. The real fix is refinancing the loan into one name. That's a financial transaction, not a court one, but build it into your plan before you finalize.

For couples with no real estate, no retirement accounts, and only personal property, property division costs nothing beyond the standard filing fee.

What does child support or alimony do to the cost?

Agreeing on child support and alimony does not raise your filing fee on its own. You put the agreed terms in your settlement agreement or parenting plan, and the court folds them into the final decree.

What it can raise is document complexity, which matters if you're paying for prep. A divorce with children and a detailed parenting plan means more pages, more forms, and more chances for a clerical slip to bounce your paperwork back. Doing it yourself? Plan for extra time. Paying a service? Confirm that cases with children are inside the flat fee before you commit.

Child support amounts in every state are calculated by a statutory formula tied to both parents' incomes and the custody arrangement. You can get a rough number for free using your state's guidelines worksheet or an online child support calculator before you finalize anything. Federal guidance from the Office of Child Support Services describes state guidelines as the presumptive amount courts must apply absent a documented reason to deviate. ^[6]

Spousal support has no mandatory formula in most states, which means it's fully up for negotiation. The further your agreed terms drift from what a court might order on its own, the harder a judge will look at the agreement. If the amounts are big, having an attorney check the alimony provision is worth the cost.

Are there any hidden fees people miss?

Yes. A handful of charges catch people off guard even in the cleanest agreed case.

Certified copies. When the divorce is final, you'll want certified copies of the decree for your files, and you'll need them to change your name on a Social Security card, passport, and financial accounts. Most courts charge $10 to $25 per copy. ^[12] Order two or three at once so you don't make a return trip.

Name change filing. In most states, restoring a former name is included in the decree at no charge if you ask for it in the original petition. Forget to include it, and a separate name change petition costs $150 to $400 in extra filing fees plus your time.

Parenting class. Some counties require divorcing parents to finish a co-parenting course before the judge signs. These run $25 to $75 online.

Mediation. A few states require mediation even in uncontested divorces when children are involved. Mediator fees run $100 to $300 an hour, usually split between spouses. If you already agree, one session of an hour or two is plenty.

Notarization. Many divorce forms need a notary. Most banks notarize free if you have an account. UPS Stores and shipping centers charge $5 to $15 per signature. Small, but people rarely plan for it.

Add it all up and surprise costs in a clean uncontested case usually run $50 to $200 beyond the base filing fee. Budget for them.

How can you keep your agreed divorce under $500?

In most states, it's doable. Here's the playbook.

Start at the courthouse self-help center. Every state has one, and many are genuinely good. California's Judicial Council publishes all divorce forms free online. ^[1] Texas, Florida, and New York run similar portals. If your case is simple (no kids, no real estate, no retirement accounts), free state forms plus the filing fee may be everything you need.

Use your state court's official forms, not random PDFs off the internet. Outdated or wrong-jurisdiction forms are the number-one reason courts reject filings and send people back to square one.

Have your spouse sign a Waiver of Service to skip process server fees. It's a one-page form acknowledging they got the papers. No process server, no sheriff's deputy, no certified mail. Free.

Order only the certified copies you actually need. Two usually does it. Three if you're changing your name.

File during off-peak hours. It won't save money, but it saves you an hour or two of standing in line at the clerk's office.

Want guided help without attorney rates? A flat-fee document preparation service like DivorceClear (starting at $149 for the complete packet) generates your state-specific forms and instructions, and you file them yourself. The filing fee is still yours to pay at the courthouse, but the prep step is covered. You walk away with completed, jurisdiction-correct paperwork for well under $500 total in most states.

How long does an agreed divorce take to finalize?

Time and cost move together: longer cases mean more attorney hours, more paperwork revisions, and more stress. Agreed divorces are faster. How much faster depends on your state's waiting period and the court's backlog.

In states with no waiting period and efficient courts (Alaska, Washington, some Nevada counties), an uncontested divorce can finish in 4 to 6 weeks from filing. ^[11] California's 6-month waiting period is a hard floor. ^[1] Texas requires at least 60 days. Florida requires 20 days. Most states land in the 1 to 4 month range for a simple agreed case.

Court backlog adds time on top of the waiting period. In high-volume urban counties (Los Angeles, Cook County in Chicago, Harris County in Texas), administrative processing alone can add 2 to 4 months. Rural counties usually move faster.

The thing that stalls agreed divorces most is paperwork errors: missing signatures, wrong form versions, incomplete financial disclosures, agreements that don't conform to state law. Courts send these back (a rejection or deficiency notice), you refile, and you lose weeks. Getting the forms right the first time is the single best timeline strategy you have.

Frequently asked questions

What is the cheapest way to get a divorce if both parties agree?

The cheapest path is filing pro se (representing yourself) with your state court's free official forms, having your spouse sign a Waiver of Service to skip process server fees, and paying only the court filing fee, which ranges from $86 in Virginia to $450 in California. Total cost in simple cases with no children or real estate: $150 to $500 in most states.

Can I get divorced without a lawyer if my spouse and I agree on everything?

Yes. Every U.S. state allows self-representation in divorce court, called appearing pro se. You file the same forms an attorney would, pay the same filing fee, and the judge treats your case the same way. Most county courthouses run free self-help centers to assist with forms. The one spot where a lawyer is strongly advisable: retirement account division and drafting a QDRO.

How much is the filing fee for an uncontested divorce?

Filing fees range from about $86 in Virginia to $450 in California, with most states between $150 and $350. Fees vary by county within many states, so check your specific county court's website or self-help center for the exact number. Fee waivers are available in every state for people who qualify by income.

Do both spouses have to pay the divorce filing fee?

No. Only one spouse (the petitioner) pays the filing fee when the case opens. The other spouse (the respondent) usually pays nothing unless they file a counterpetition. In an uncontested case, the respondent typically just signs a Waiver of Service and the answer form, both free. Some couples split the fee informally, but only one payment goes to the court.

How much does an agreed divorce cost with kids involved?

The court filing fee is usually the same whether children are involved or not. The extra costs come from required parenting plan forms, child support worksheets, and in some counties a mandatory parenting class ($25 to $75). If you use a document preparation service, confirm children's cases are covered in the flat fee. Total all-in for an agreed divorce with children typically runs $400 to $1,000 without an attorney.

What is a QDRO and how much does it cost?

A Qualified Domestic Relations Order (QDRO) is a separate court order required to split a 401(k), pension, or similar employer retirement account in a divorce. It must meet specific legal requirements your plan administrator reviews and approves. Attorney fees to draft a QDRO typically run $500 to $1,500, and many plan administrators charge their own processing fee of $300 to $600 on top.

How long does an uncontested divorce take?

Timeline depends on your state's mandatory waiting period and court backlog. States with no waiting period (Alaska, Washington) can finalize in 4 to 6 weeks. California has a mandatory 6-month waiting period from the date of service. Most states fall in the 1 to 4 month range for simple agreed cases. Paperwork errors that trigger a court rejection can add weeks regardless of the waiting period.

Does a divorce cost more if we have property to divide?

Not necessarily at the courthouse. Your filing fee stays the same. Extra costs come from recording a new deed (usually $10 to $30 at the county recorder) or QDRO drafting for retirement accounts. If you own real estate and both names are on the mortgage, refinancing the loan into one name is a separate financial step with lender fees that vary widely and sit outside the court system entirely.

Can we get divorced for free if we can't afford the filing fee?

Every state offers a fee waiver for people who qualify by income. In California, Form FW-001 requests a waiver if your income is at or below 125% of the federal poverty level. Other states have equivalent forms. Ask the clerk directly or check the court's self-help center website for the application. Courts grant these routinely, and there's no stigma in applying.

What happens if my spouse won't sign the divorce papers even though we verbally agreed?

If your spouse refuses to sign, the divorce can still proceed, but it becomes a different and more expensive process. You'd serve them formally through a process server or sheriff, they'd get a deadline to respond, and the case proceeds by default if they don't. A default divorce still costs more than a fully agreed one: add $50 to $150 for service, plus more time and paperwork.

Is an online divorce service worth the money?

For a simple agreed divorce with no children, no real estate, and no retirement accounts, an online document preparation service at a flat fee of $100 to $300 is often worth it for the time savings and accuracy alone. The forms are state-specific and guided by your answers. The risk: some services produce generic forms that miss your county's requirements. Verify the service generates county-level, more than state-level, documents.

Does alimony affect the cost of a divorce?

Agreeing on alimony doesn't change your filing fee. It adds a few lines to your settlement agreement. Where it can raise costs is attorney review: agreed alimony provisions, especially long-term ones, are worth having a lawyer check because they're hard to modify later. A one-hour review consult runs $200 to $500 in most markets, a reasonable cost on a financial commitment that can last years.

What certified copies of my divorce decree will I need?

Plan to order two or three certified copies when you pick up the final decree. You'll need one to change your name on a Social Security card, another for a passport, and possibly a third for a bank or title company. Most courts charge $10 to $25 per certified copy. Getting extras at finalization is much cheaper than requesting them later through a separate court records process.

Do I need to go to court for an uncontested divorce?

It depends on the state. Many states let default or agreed divorces finalize entirely on submitted paperwork, no hearing required. Others require a brief in-person or remote hearing where the filing spouse answers a few standard questions from the judge. That hearing, when required, usually runs 5 to 15 minutes. Check your county court's process on their official self-help page.

Sources

1. California Courts – Divorce or Separation: California divorce filing fee is $435–$450; mandatory 6-month waiting period; FW-001 fee waiver available at 125% of federal poverty level
2. Martindale-Nolo Research – How Much Does a Divorce Cost?: Average total divorce cost $12,900 per person; contested trial divorces median $20,000 per person; uncontested averaged $4,100 (2023 survey)
3. U.S. Courts – Court Locator and Self-Help Resources: State and county court self-help centers assist self-represented filers with divorce forms free of charge
4. Florida Courts – Family Law Self-Help: Florida divorce filing fee is $408; 20-day mandatory waiting period; waiver of service eliminates process server cost
5. Office of Child Support Services (HHS) – Determining Child Support: Child support amounts in every state are calculated using a statutory guidelines formula tied to parental incomes and custody arrangement; courts must follow guidelines absent documented reason to deviate
6. Texas Property Code – Deed Recording Fees: Recording a quitclaim deed at the county recorder typically costs $10 to $30; exact amount varies by state and county
7. U.S. Department of Labor – QDROs: The Division of Retirement Benefits Through Qualified Domestic Relations Orders: Splitting a 401(k) or pension in divorce requires a Qualified Domestic Relations Order (QDRO); plan administrators charge their own processing fee typically $300–$600; attorney drafting fees run $500–$1,500
8. New York Unified Court System – Matrimonial Actions Self-Help: New York divorce filing fee is $210 for uncontested divorce petition
9. Washington Courts – Dissolution of Marriage: Washington State has no mandatory waiting period for dissolution of marriage; filing fee approximately $314
10. Social Security Administration – Name Change After Divorce: A certified copy of the divorce decree is required to change a name on a Social Security card after divorce