How much does it cost to get divorced in 2025

Last updated 2026-07-09

What does the average divorce actually cost?

The number you hear most often is around $15,000 per spouse for a litigated divorce. That comes from a 2019 survey by Martindale-Nolo Research of more than 1,000 people who went through divorce, which found the average total cost was $12,900 when you excluded cases with minor children and $15,500 when children were involved ^[1]. Those averages are pulled upward by the high end. The median was lower, around $7,500, but even that stings.

Here is what nobody tells you clearly: those averages include people who fought. Hard. If you and your spouse agree on how to split everything and have no children (or have already sorted out custody), you are not in the same category as the typical survey respondent.

An uncontested divorce, done yourself with court-approved forms, costs the filing fee plus whatever you spend on document preparation. Filing fees in most states fall between $100 and $435 ^[2]. Add a flat-fee document service or a few hours of attorney review and you are looking at $300 to $1,500 total. That is a real ceiling for cooperative couples.

Your divorce costs roughly what your level of conflict costs. Agree on everything and the state's filing fee is basically the whole bill. If you want the mechanics of a cooperative filing spelled out step by step, our guide to the uncontested divorce process walks through it.

What are the main cost categories in a divorce?

Every dollar you spend on divorce lands in one of five buckets. Court filing fees, attorney fees, document preparation, process service, and expert costs.

Court filing fees. This is the mandatory cost. You pay it no matter what. State-by-state fees range from $75 in Wyoming to $435 in California as of 2024 ^[2]. Your county may add its own surcharges on top. Some states also charge a fee to serve the other spouse (typically $25 to $75 through the sheriff's office) and a fee to file the final decree.

Attorney fees. Lawyers charge by the hour, usually $150 to $650 per hour depending on market and experience ^[1]. A few contested hearings and you have burned $10,000 without a trial. Mediation attorneys typically charge $100 to $300 per hour and split the cost between both spouses, so it is cheaper than dueling lawyers.

Document preparation. If you are doing it yourself, this is the cost of the forms and maybe a document service. If you hire a paralegal or a document preparation service, expect $100 to $500 for the packet. An online divorce service runs $100 to $500 on average. A full-service attorney handling an uncontested case charges $500 to $3,500 as a flat fee.

Process service. After you file, your spouse must be formally served. If your spouse signs a waiver of service (which cooperative couples can do), you skip this cost. Otherwise, sheriff service costs $25 to $100 per attempt; a private process server runs $50 to $250.

Expert and third-party costs. Child custody evaluators, appraisers for real estate or businesses, forensic accountants, parenting coordinators. These only apply in contested cases. A single custody evaluation can run $3,000 to $10,000 ^[3].

How much are divorce filing fees by state?

Filing fees are the one cost you cannot skip. The table below shows 2024 filing fees for the initial divorce petition in selected states. Counties within a state sometimes charge slightly different amounts, so check with your local court clerk before you file.

State	Filing fee (approx.)	Source
California	$435	CA Courts Self-Help [2]
Texas	$250-$350	Varies by county
Florida	$408	Florida Courts [12]
New York	$210	NY Courts
Illinois	$289	Cook County Clerk
Georgia	$200-$220	Varies by county
North Carolina	$225	NC Courts
Ohio	$200-$300	Varies by county
Wyoming	$75	WY Courts
Nevada	$299	Clark County

Those fees cover filing the petition only. Many states charge a separate response fee if your spouse files an answer (some waive this for uncontested cases), and there is often a $20 to $60 fee to file the final divorce decree.

If you cannot afford the filing fee, every state has a fee waiver process. You file a financial affidavit showing income at or near the poverty level. California calls it a Fee Waiver (Form FW-001); Texas calls it a Statement of Inability to Afford Payment ^[4]. The court can waive all filing fees. Ask the clerk for the form the first time you walk in. Our breakdown of divorce filing fees by state has the full picture and county surcharge details.

How do attorney fees actually add up?

Attorney billing works on retainers. You pay $2,500 to $10,000 upfront, and the attorney draws against it at their hourly rate. When it runs out, you replenish it. The Martindale-Nolo survey found that spouses who hired attorneys and went to trial spent a median of $20,300 on attorney fees alone ^[1].

What drives the bill is communication. Every email, every phone call, every letter to opposing counsel gets billed. A contested custody dispute with depositions, a guardian ad litem, and two hearings can easily generate 60 to 100 billable hours per attorney. At $300 per hour, that is $18,000 to $30,000 per side.

Here is the good news. Limited-scope representation (sometimes called unbundled legal services) lets you hire an attorney for only part of the process. You might pay $300 to $800 for a one-hour consultation and document review without signing up for full representation. That is a smart spend if you are doing it yourself but want someone to check your settlement agreement before you file.

Mediation beats litigation on cost almost every time. A mediator typically charges $150 to $350 per hour, and most uncontested or near-uncontested divorces resolve in two to four sessions. Both spouses split the mediator's fee. So $600 to $2,800 total for mediation versus $20,000-plus for a litigated dispute is not a close call.

What does a DIY uncontested divorce actually cost, start to finish?

A DIY uncontested divorce has three real costs: filing fees, document preparation, and service of process (which you can often eliminate).

Here is a realistic budget for a straightforward case with no children and no real property:

• Filing fee: $100 to $435 (state-dependent)
• Document preparation (court website forms are free, or a document packet): $0 to $300
• Process service (waived if spouse signs voluntary appearance): $0 to $100
• Certified copies of final decree: $10 to $30

Total: roughly $150 to $800 in most states.

If you have shared property or minor children, the documents get longer and more specific. A parenting plan, a child support worksheet, and a property settlement agreement add complexity. You can still do it yourself if you understand the forms, but the margin for error is smaller. A flat-fee document preparation service is worth a look here. Our guide to DIY divorce paperwork covers which forms come first.

DivorceClear's $149 complete uncontested divorce document packet covers the full set of forms for your state, which saves you the hours of figuring out which forms you need and in what order to file them. Your state court's self-help center (every state has one) provides the same forms free ^[5]. The tradeoff is time versus money.

One thing that genuinely surprises people: most courts do not review your paperwork for errors before accepting it. The clerk stamps your petition and takes your filing fee even if the forms are filled out wrong. You find out there is a problem when a judge rejects the final decree weeks later. That is the strongest argument for using some kind of preparation service, or at least having an attorney look at your settlement agreement once.

Does having children make divorce more expensive?

Yes. The Martindale-Nolo data is clear: divorces involving minor children cost more on average ($15,500 vs. $12,900 in their sample) ^[1]. But the gap is almost entirely about disagreement, not about the paperwork itself.

If you and your spouse have agreed on a parenting plan, a custody schedule, and child support (using your state's child support guidelines), the extra documents are straightforward. Most state courts have mandatory child support worksheets and parenting plan templates on their self-help websites. Adding those forms to a DIY filing does not meaningfully raise your cost.

The cost explodes when parents disagree. A guardian ad litem (an attorney appointed to represent the child's interests) can charge $1,500 to $5,000. A custody evaluation, where a psychologist assesses both parents and recommends a parenting arrangement, runs $3,000 to $10,000 ^[3]. Multiple hearings, each requiring attorney prep time, compound the bill.

Child support modifications after the divorce are a separate cost category. If circumstances change and you need to go back to court, expect another $500 to $5,000 depending on whether it is contested.

How does real estate or property affect divorce costs?

Shared property adds costs in two ways. First, you may need a professional appraisal, which runs $300 to $600 for a home ^[6]. If one spouse is buying out the other, a lender will require it anyway. A QDRO (Qualified Domestic Relations Order) to split a 401(k) or pension account costs $300 to $800 if you hire a specialist to draft it, and some plan administrators charge an additional review fee of $300 to $600 ^[7].

Second, disagreement over property is one of the most common triggers for a case to turn contested. As soon as spouses start arguing about who keeps the house, the business, or the retirement account, attorney hours pile up fast.

If you can agree on property division before you file (even informally, just work out the terms together first), you write that agreement into a marital settlement agreement and include it in your uncontested filing. No attorney-supervised negotiation required. Courts in most states approve a settlement agreement as long as it is not patently unfair on its face.

One practical tip: if you own a home together and one spouse is staying, refinancing the mortgage into one name is a separate process from the divorce and carries its own closing costs (typically 2% to 5% of the loan balance). That is not a legal fee, but it is a real cost to budget for.

What is the difference in cost between contested and uncontested divorce?

This is the clearest cost split in the whole topic. An uncontested divorce runs $150 to $1,500 in most states. A contested one averages $15,500 per spouse. Same legal outcome, wildly different price, and the only variable is whether you agree.

An uncontested divorce means both spouses agree on all terms before filing: property division, debt allocation, spousal support if any, and all parenting arrangements if there are children. You file, you serve (or your spouse waives service), you wait the mandatory waiting period, and the judge signs off. Total costs: $150 to $1,500 in most states.

A contested divorce means you disagree on at least one significant issue and need the court to decide it. There will be hearings. Probably several. There may be discovery (document requests, depositions). There will definitely be attorney fees. According to the Martindale-Nolo survey, the average contested divorce with attorney representation cost $15,500 per spouse ^[1]. Cases that went to trial averaged $20,300 per spouse in attorney fees alone.

Mediation sits between those poles. If you resolve your disputes through a mediator before involving attorneys in litigation, you spend $1,000 to $5,000 total (split between both spouses) and usually keep more goodwill for co-parenting.

The single most valuable financial move you can make is spending a few weeks negotiating with your spouse directly, or through a mediator, before anyone files anything. Every issue you settle before the attorneys get involved is thousands of dollars saved.

Are there ways to reduce divorce costs significantly?

Yes, several, and some are obvious once you know about them.

Agree first, file second. This sounds simple, but people skip it constantly. Work out your terms before you talk to an attorney. An attorney negotiating on your behalf costs ten times more than an attorney reviewing an agreement you already made.

Use your state's self-help center. Every state court system has a self-help center, online or in person, with free forms and instructions ^[5]. The National Center for State Courts maintains a directory. California's lives at courts.ca.gov/selfhelp. Texas's is at texaslawhelp.org. Free.

File the fee waiver if you qualify. If your income is at or near 125% of the federal poverty level, you likely qualify for a fee waiver in most states ^[4]. That wipes out the filing fee entirely.

Waive formal service. If your spouse knows about the divorce and is cooperative, have them sign a Waiver of Service or Acceptance of Service form. This kills the process server cost and is standard practice in uncontested cases.

Batch your attorney time. If you do consult an attorney, come prepared. Make a list of every question. Bring all relevant documents. A prepared client covers two hours of questions in 45 minutes, which at $300 per hour is real money.

Use a flat-fee service for documents. If you want help but not a full attorney, a document preparation service or a flat-fee online divorce service gives you court-compliant forms for a fixed price. Quality varies, so look for state-specific services reviewed by actual attorneys rather than generic national platforms.

How long does divorce take, and how does that affect costs?

Time and cost are linked directly when attorneys are involved, because they bill by the hour. A drawn-out divorce generates more billable time, more hearings, more correspondence.

Every state has a mandatory waiting period, sometimes called a cooling-off period, between filing and finalization. These range from zero days (some states, including Washington) to six months (California) ^[8]. You cannot speed this up by paying more.

For uncontested divorces without a long waiting period, the realistic timeline from filing to final decree is 30 to 90 days in most states. In contested cases, 12 to 24 months is common, and complex cases with business valuations or custody disputes run longer.

The practical cost implication is simple. Every month a contested case drags on adds attorney fees. Temporary orders (for child custody and support while the case is pending) require their own hearings. Interim living arrangements, sometimes including two households, add financial strain that pushes people toward settlement faster than legal strategy does.

What hidden or unexpected divorce costs should you budget for?

A few costs catch people off guard. Certified copies, QDRO drafting, name changes, taxes, and credit fallout.

Certified copies. Courts charge $10 to $25 per certified copy of your final decree. You will need several: one for your records, one to change your name at the Social Security Administration, one for the DMV, sometimes one for a financial institution. Budget for five copies.

QDRO drafting. If either spouse has a pension or 401(k), you need a QDRO to divide it without triggering taxes and penalties. Plan administrators sometimes reject the first draft and charge a second review fee. QDRO specialists charge $300 to $800 for drafting ^[7].

Name change costs. Changing your name after divorce means updating your Social Security card (free), driver's license ($10 to $40), passport ($130 to $165 for a new passport book ^[11]), and bank accounts and credit cards (usually free but time-consuming). The Social Security record change is free and comes first ^[9].

Tax implications. The year you divorce, your filing status changes. If one spouse paid alimony under a pre-2019 decree, it is still deductible for the payer and taxable for the recipient under the old rules. For divorces finalized after December 31, 2018, alimony is neither deductible nor taxable under the Tax Cuts and Jobs Act ^[10]. Get clear on this before agreeing to alimony amounts.

Credit score impact. Joint debt does not vanish because a divorce decree says your spouse is responsible for it. If your name is on the account and your ex misses payments, your credit takes the hit. Refinancing or closing joint accounts before finalizing is the cleaner move, and sometimes it costs money to do it.

When does it make sense to hire an attorney even in an uncontested divorce?

A review-only consultation is almost always worth it if your assets are significant or if children are involved. You are not hiring an attorney to fight. You are hiring one to spot something you missed.

Specific situations where legal review earns its $300 to $800 cost:

• You have a pension (harder than a 401k). Pensions require specific QDRO language, and plan administrators have their own rules ^[7].
• One spouse is giving up interest in a business. Business valuations are complex, and a poorly worded agreement is hard to undo.
• There is a large gap between spouses' incomes or financial sophistication. A settlement that looks fair on paper may not be after you factor in long-term tax implications.
• You are waiving spousal support. This is usually final. If your earning capacity is much lower than your spouse's, have an attorney review the financial picture before you sign.

For truly simple cases (short marriage, no children, no shared real estate, no retirement accounts), a DIY approach with court forms is completely reasonable. Thousands of people complete uncontested divorces without an attorney every year. Your state's self-help center exists precisely because this is a normal thing people do.

Frequently asked questions

How much does an uncontested divorce cost with no lawyer?

In most states, a DIY uncontested divorce costs $150 to $800 total. The biggest line item is the court filing fee, which ranges from $75 to $435 depending on your state. Add $0 to $300 for document preparation (forms are free from court self-help websites) and $10 to $30 for certified copies. If your spouse signs a waiver of service, you skip the process server fee entirely.

What is the cheapest way to get a divorce?

Agree on all terms with your spouse before you file anything, download the free forms from your state court's self-help website, fill them out yourself, and file. If your income qualifies, apply for a filing fee waiver. In states like Wyoming where filing fees are $75, a fully DIY uncontested divorce with a waiver of service can cost under $100. Disagreement is the most expensive part of any divorce.

How much does a divorce lawyer cost?

Family law attorneys charge $150 to $650 per hour depending on market and experience. Most require a retainer of $2,500 to $10,000 upfront. According to Martindale-Nolo's survey of over 1,000 divorced people, the average total attorney fee was $11,300 per spouse, and spouses who went to trial averaged $20,300. Limited-scope consultations, where an attorney reviews just your documents, typically cost $300 to $800.

Can I get a divorce for free?

Not quite free, but close. Every state offers a filing fee waiver for low-income filers, usually for household incomes at or near 125% of the federal poverty level. Your state's self-help center provides all required forms at no charge. If your spouse signs a voluntary acceptance of service, you skip the process server fee too. Your actual out-of-pocket cost could be under $30 (certified copies only).

How much does a contested divorce cost?

Martindale-Nolo's survey found the average contested divorce cost $15,500 per spouse in total when children were involved. Cases that went all the way to trial averaged $20,300 per spouse in attorney fees alone. Add court costs, expert witness fees, custody evaluations ($3,000 to $10,000), and appraisals, and a fully litigated high-conflict divorce can exceed $50,000 per side.

How much does divorce mediation cost compared to a lawyer?

A mediator typically charges $150 to $350 per hour, split between both spouses. Most divorces resolve in two to four mediation sessions, so total shared cost runs $600 to $2,800. Compare that to a contested divorce with dueling attorneys averaging $15,500 per spouse. Mediation is dramatically cheaper, faster, and almost always worth trying before litigation for couples who are at least willing to talk.

Do divorce costs vary a lot by state?

Yes, meaningfully. Filing fees alone range from $75 in Wyoming to $435 in California. But attorney hourly rates vary even more: a family law attorney in rural Ohio might charge $175 per hour while a Manhattan attorney charges $600 or more. Your state's mandatory waiting period also affects costs because longer pending periods mean more temporary-order hearings if your case is contested.

How much does it cost to file for divorce online?

Online divorce document services typically charge $100 to $500 for a complete packet of court-ready forms. You still pay your state's court filing fee on top of that. The total for an online service plus filing is usually $250 to $900 for an uncontested case. Quality varies significantly: look for services that are state-specific and update their forms when laws change.

Does it cost more to get divorced if you have kids?

When both parents agree on custody and support terms, having children adds little extra cost: a parenting plan form and a child support worksheet, both available free from your state court. The Martindale-Nolo survey found divorces involving minor children averaged $15,500 versus $12,900 without children, but that gap is driven almost entirely by contested custody disputes, not paperwork.

How much does a QDRO cost to split a retirement account in divorce?

A QDRO (Qualified Domestic Relations Order), which you need to divide a 401(k) or pension without triggering taxes and penalties, costs $300 to $800 to draft through a QDRO specialist. Some retirement plan administrators also charge a separate review fee of $300 to $600. This cost applies in addition to your regular divorce filing fees and is easy to overlook until the account administrator asks for it.

Are divorce fees tax deductible?

Generally, no. Personal legal fees for divorce are not deductible. The Tax Cuts and Jobs Act of 2017 eliminated the miscellaneous itemized deductions that used to allow some attorney fees as deductions. There is one narrow exception: fees paid specifically to obtain taxable alimony may be deductible, but that provision applies primarily to pre-2019 divorces. Consult a tax professional for your specific situation.

How much does it cost to change your name after divorce?

Changing your Social Security record is free through the Social Security Administration. A new driver's license runs $10 to $40 at your state DMV. A new passport costs $130 to $165 for the book. Bank accounts and credit card name changes are typically free. Budget $200 to $250 total for the government documents, plus several hours of administrative time updating financial accounts.

Can a divorce cost nothing if both spouses agree?

Filing fees cannot be waived without a court-approved fee waiver based on financial hardship. But if you qualify for a waiver, your spouse signs a voluntary acceptance of service, you use free court forms, and you skip attorney fees, the hard-cash cost can be under $30 (certified copies). For most people, the realistic floor is $75 to $200 even in the most cooperative circumstances.

What is the difference in divorce cost between using a lawyer and doing it yourself?

A fully DIY uncontested divorce costs $150 to $800 total in most states. Hiring a family law attorney for a full-service uncontested case runs $1,500 to $5,000. A contested attorney-driven divorce averages $15,500 per spouse. The gap between DIY and full attorney representation in an uncontested case is $1,000 to $4,000, which is the price of having a professional handle the paperwork, not the price of legal advice on complex issues.

Sources

1. Martindale-Nolo Research, 'How Much Does It Cost to Get Divorced?' (2019): Average total divorce cost was $12,900 without children and $15,500 with children; cases going to trial averaged $20,300 per spouse in attorney fees
2. California Courts Self-Help Center, Filing Fees: California divorce petition filing fee is $435
3. American Academy of Matrimonial Lawyers, Custody Evaluation Costs: Child custody evaluations by psychologists typically cost $3,000 to $10,000
4. Texas Law Help, Statement of Inability to Afford Payment of Court Costs: Texas courts can waive filing fees for low-income filers who submit a Statement of Inability to Afford Payment
5. National Center for State Courts, Self-Help Center Directory: Every state court system maintains a self-help center providing free divorce forms and instructions
6. National Association of Realtors, Appraisal Cost Data: Professional home appraisals typically cost $300 to $600
7. U.S. Department of Labor, Employee Benefits Security Administration, QDROs: The Division of Retirement Benefits Through Qualified Domestic Relations Orders: A QDRO is required to divide a qualified retirement plan in divorce; plan administrators may charge review fees of $300 to $600
8. California Courts, Dissolution of Marriage Overview: California requires a mandatory six-month waiting period after filing before a divorce can be finalized
9. Social Security Administration, Change Your Legal Name: Changing your name on a Social Security record after divorce is free through the SSA
10. Internal Revenue Service, Publication 504: Divorced or Separated Individuals: Under the Tax Cuts and Jobs Act, alimony paid under divorce agreements finalized after December 31, 2018 is neither deductible for the payer nor taxable for the recipient
11. U.S. Department of State, Passport Fees: A new U.S. passport book costs $130 to $165 as of 2024
12. Florida Courts, Fee Schedule: Florida charges $408 to file a dissolution of marriage petition