The Average Cost of a Divorce

Regardless of your age or marital history, divorce is expensive. But how expensive is it? What's the average cost of a divorce?

There are many factors that contribute to the overall cost, including whether you're looking at a contested or uncontested divorce, whether you hire a divorce mediator, divorce attorney fees if you need a lawyer, and more.

Motley Fool Money pulled together statistics from a wide variety of sources to find the average divorce cost around the country.

Editor's note: If you have specific or technical questions about divorce cost, consider seeking legal advice.

The average cost of divorce

The average cost of a divorce varies by source. Martindale-Nolo Research found the average cost of a divorce to be $11,300 and the median divorce cost to be $7,000. According to Findlaw.com, a Thomas Reuters business that provides legal information, attorney fees for a divorce in most states cost $8,000 or more. Legal Zoom estimates that the average cost of a divorce ranges from $500 to over $11,000.

How expensive a divorce ends up being depends on a number of factors, including location, how much you rely on a lawyer, and the complexity of the divorce process when it comes to major issues such as the splitting up of assets, property, and child custody.

Divorce attorney fees are the most expensive aspect of a divorce. If the divorce process winds up in court, costs can quickly add up into the thousands or tens of thousands. Uncontested and DIY divorces can cost as little as a few hundred dollars.

A dispute over alimony, or spousal support, adds substantially to the price tag -- even more than child-related disputes.

Are divorces expensive? They can be. Here are the fees involved

How much a divorce costs depends on whether the separation is contested and how complicated it is.

Uncontested divorces are generally quite affordable and usually cost a few hundred dollars. Contested divorces can cost thousands of dollars depending on the complexity of the divorce process. Those costs can include divorce attorney fees, court costs, and other miscellaneous fees and expenses.

Average divorce attorney fees: $11,300

Working with a divorce attorney can add substantially to your costs; however, a divorce lawyer may be able to protect your rights regarding custody, support, and division of marital property.

According to Martindale-Nolo Research, the average cost of a divorce lawyer is $270 an hour and the average total cost for legal fees per spouse is $11,300 (though the median was $7,000). However, not all attorneys charge the same hourly rate. The research found the following:

• 11% of respondents to the Martindale-Nolo survey paid their divorce attorney $100 per hour.
• 34% paid $200 per hour.
• 35% paid $300 per hour.
• 20% paid $400 or more per hour.

More experienced divorce lawyers may charge a higher rate. FindLaw estimates that new divorce lawyers charge around $100 an hour while those with more experience can charge closer to $300 an hour.

The more complicated the divorce process, the higher attorneys' fees -- especially if the proceedings take a long time or if going to trial to resolve contested issues is necessary. Some attorneys offer a flat fee, which can help you budget for your divorce case. Others might charge a retainer fee instead.

Per Martindale-Nolo Research, average divorce attorney fees were:

• $4,100 with no contested issues,
• $10,400 in cases where a dispute was resolved outside of court, and
• $17,700 when a dispute had to be resolved in trial.

Long legal proceedings run up attorney fees and raise total divorce costs. While the average cost of attorney fees in a divorce completed in less than six months totaled $6,500, legal fees grew to $23,000 in cases where the divorce process took more than 30 months.

Divorce lawyers generally offer payment plans, which can make the cost of a complicated divorce more manageable.

Divorce mediation -- which can occur without a lawyer -- can help reduce costs if there are contested issues that you need to solve. While cheaper than what divorce lawyers charge, Legal Zoom estimates that divorce mediation can cost up to $9,000.

How long does a divorce take? 12 to 18 months

According to Martindale-Nolo Research, the average divorce process takes 12 months.

However, for those who went to trial to resolve at least one contested issue, the average time increased to 18 months. Going to court generates attorney fees and, in most cases, also increases the court fees required to be paid.

While every divorce requires legal dissolution of the marriage, those who have an uncontested divorce typically pay just one filing fee, while couples who contest issues may have to pay additional fees for motions, court reporting services, and other miscellaneous court expenses.

Divorce filing fees by state

Divorce requires a court filing, with a fee, to legally dissolve a marriage. Filing fees vary by state, with some states showing significantly higher divorce costs than others.

The table below shows what you will pay for, at minimum, filing a divorce complaint. In some states, that fee covers everything, or nearly everything. But in many states, there are a large number of additional fees that will inevitably crop up depending on the exact requirements of your case.

These costs represent upfront filing fees. Complex cases may require additional fees to file more paperwork with the court or make other requests of the assigned judge.

Other miscellaneous divorce fees and expenses

Divorces may also result in other expenses. Examples include the following:

• Divorce mediation costs: Divorce mediators help couples resolve contested issues without going to trial. Average costs of hiring a mediator totaled $970. A collaborative divorce attorney may be employed instead of a mediator.
• Forensic accountants: A forensic accountant searches for assets believed to be hidden by a spouse. Forensic accountants may require several thousand dollars as a deposit and total costs could be higher, depending on the complexity of the investigation.
• Refinancing loans into one spouse's name: Refinancing could cost several thousand dollars depending on the loan type and amount. Refinancing joint loans may be necessary to ensure one party's credit isn't damaged and lenders don't pursue legal action for a joint debt the other becomes responsible for paying during the divorce. Examples of loans divorcing couples may opt to refinance into sole ownership include joint mortgages, car loans, and shared credit cards.
• Relocation expenses: If one or both spouses must move during or after the divorce, they could be looking at over $2,000 for a local move and much more for a cross-country relocation.
• Family therapy: Rates are typically $75 to $200 per session, according to the National Directory of Marriage and Family Counseling.

Long-term costs of divorce

In addition to the immediate costs associated with dissolving your marriage, there are long-term costs to consider.

Losing the ability to pool assets in retirement is a significant divorce cost, particularly for women. The median retirement account balance for women in 2022 was $44,000, compared to $91,000 for men, according to the Transamerica Center for Retirement Studies.

Divorcing prior to 10 years of marriage can also result in losing access to spousal benefits or survivor benefits from Social Security.

Older studies have shown that divorce causes an average 77% drop in wealth. This can occur due to division of assets as well as the additional costs of maintaining two households.

Sources

• Findlaw.com (2024). "How Much Does a Divorce Cost By State?"
• Lawyers.com (2019). "How Much Divorce Lawyers Charge."
• Lawyers.com. "The Cost and Duration of Divorce."
• Legal Zoom (2024). "How Much Does a Divorce Cost? the Complete Breakdown."
• National Directory of Marriage & Family Counseling. "Family & Marriage Counseling Cost: How Much Will it Cost?"
• Nolo (2024). "How Much Will My Divorce Cost and How Long Will It Take?"
• Pew Research Center (2017). "Led by Baby Boomers, divorce rates climb for America's 50+ population."
• Transamerica Center for Retirement (2023). "3 Facts About Women's Retirement Outlook."
• U.S. Census Bureau (2023). American Community Survey tables B12501 and B12503.
• Journal of Sociology (2005). "Marriage and divorce's impact on wealth."