What Will Your Divorce Actually Cost? Get Answers.
Expert answers to the most common legal questions about divorce expenses, fees, and hidden costs.
Frequently Asked Questions
Do I need a lawyer to get divorced?
No, you don't legally need one. If you've got minimal assets, no kids, and both parties agree on everything, an uncontested divorce can be handled pro se (that's Latin for 'you're on your own'). But if there's real property, retirement accounts, or custody disputes, then you're looking at complexity that most people can't safely handle themselves. Even a consultation can prevent expensive mistakes down the road.
How much does a divorce lawyer cost on average?
Hourly rates typically run $200 to $500 depending on your location and the attorney's experience. A simple uncontested case might cost $1,500 to $5,000 total, while contested divorces involving custody or significant assets can easily hit $15,000 to $30,000 per spouse. The language actually says 'reasonable attorney's fees' in most statutes, but what's reasonable varies wildly by county.
Can I get my spouse to pay my lawyer fees?
Sometimes. Courts can order one spouse to cover the other's attorney fees if there's a significant income disparity or if one party is acting in bad faith (think: dragging out discovery to rack up costs). You'll need to file a motion, and judges don't grant these automatically. If the higher earner has been financially controlling, then you're looking at better odds, but it's never guaranteed.
What's the difference between a retainer and the total cost?
A retainer is the upfront deposit you pay to secure the lawyer's services, usually $2,500 to $10,000. The attorney bills against that retainer at their hourly rate, and you'll need to replenish it when it runs low. The total cost is whatever the case actually requires. Think of the retainer as a down payment, not a flat fee.
Are divorce filing fees refundable if we reconcile?
No. Court filing fees (typically $200 to $500) are non-refundable once you've submitted the petition. You can dismiss the case if you reconcile, but the clerk's office keeps the money. Fun fact: In some Montana counties, you can still find filing fees under $200, a quirk from when the statutes were last updated in the '90s.
Does a more expensive lawyer mean a better outcome?
Not necessarily. Price often reflects location and overhead more than skill. A $600/hour attorney in Manhattan might not outperform a $250/hour lawyer in a smaller market with 20 years of family law experience. If the case involves complex financial forensics or interstate custody, then specialized expertise matters more than the hourly rate. Ask about their specific experience with cases like yours.
What hidden costs should I budget for in a divorce?
Beyond attorney fees, expect to pay for court filing fees, service of process ($50 to $150), mediation ($100 to $300/hour), property appraisals, forensic accountants if there's a business involved, and copying costs for discovery. If you're dealing with retirement asset division, you'll need a QDRO (Qualified Domestic Relations Order), which runs $500 to $2,500. These add up faster than most people anticipate.
Can I negotiate a flat fee for my divorce?
Some attorneys offer flat fees for truly uncontested cases where both parties have already agreed on everything and just need paperwork filed. Expect $1,000 to $3,000 for this service. But the moment there's a disagreement, even a minor one, most lawyers switch to hourly billing. If the retainer agreement says 'uncontested flat fee,' then you're looking at strict conditions about what counts as uncontested.