Divorce can be an expensive legal process. Costs associated with divorce vary considerably, particularly when couples engage in court battles over property division or child custody arrangements.
Contested divorces tend to be more costly than uncontested ones, since in addition to attorney’s fees they usually require expert witnesses such as accountants and psychologists as well.
Filing Fees
As part of every divorce case, filing fees vary based on county. For instance, New York Supreme Court filing fees currently cost at least $335.
Court fees will depend on whether a couple opts for an uncontested or contested divorce, with spouses who agree on all divorce terms being able to complete an uncontested one for less money than its counterpart. It’s still important to discuss and resolve any differences between spouses; otherwise mediation or trial may become necessary if issues such as property division, child custody and alimony cannot be agreed upon between partners.
An adversarial divorce may involve expert witness fees, depositions and trial preparation costs that quickly add up. Each spouse can petition the judge assigned their case for a fee waiver by filing a motion with the court together with a sworn affidavit explaining financial hardship.
Attorney Fees
Legal costs associated with divorce proceedings can be substantial. While generally each spouse will bear his or her own attorney fees, if one earns significantly less than another the court may order the wealthier spouse to cover some or all of that person’s attorney fees.
In cases involving child custody, support or parenting time issues, attorneys’ fees will often increase as more work must be done to find an amicable resolution of these complex matters. When possible, uncontested divorce may provide the best solution to resolve these matters quickly and amicably.
Cost of Contested DivorceGenerally speaking, the costs associated with contested divorce can be more expensive than uncontested ones due to filing motions and hiring expert witnesses as well as increased process server fees if one needs service in such an instance. On average, an uncontested divorce may cost around $50,000 while an average contested case could run to over $100k!
Expert Witness Fees
Expert witnesses are frequently used during divorce legal proceedings. A real estate expert witness may be necessary when dividing assets, while in cases involving jointly-owned businesses a professional valuation expert might be needed for valuation purposes.
Custody evaluators are commonly hired in child custody cases to assist the court with making an appropriate custody arrangement that would serve the best interests of a child. Unfortunately, such experts can be costly.
The Court will set the terms for paying expert witnesses; typically both parties share the costs of hiring one neutral expert witness. When each party hires their own independently hired expert, a battle of experts ensues and will ultimately decide between following one expert’s opinion over another or taking into consideration both opinions together. Experts frequently require an up-front retainer fee which will then be replenished throughout their work process.
Court Costs
An uncontested divorce (which can be completed without legal assistance if both you and your spouse agree on all issues related to property division, child custody and support) generally incurs minimal costs; at most you’ll only need to cover filing fees and the fee associated with having someone served with papers.
Uncontested divorce will likely be more expensive due to its complexity, as it will require time and energy to resolve disputes, possibly including court appearances as well as hiring specialists such as accountants or psychologists for advice.
Child custody and support disputes can also be costly due to their emotional components, with emotions often running high during these cases leading to lawyers writing large checks to them. Sometimes judges order one party to pay another’s attorney fees; depending on circumstances and income disparity. This practice is known as fee shifting. Legal aid agencies typically cover these expenses.