Divorcing in New York can be costly; official fees alone can add up to more than $120 daily while attorneys’ hourly rates may increase exponentially.
Whoever is seeking an economical divorce should consider mediation as an alternative to litigation. If both partners can come to an agreement about issues surrounding their separation, mediation could reduce its overall costs dramatically.
Filing Fees
Filing for divorce will typically cost at least $335; additional charges may apply depending on your state and county of residence, such as photocopies, notary fees, transportation and mailing charges or process server fees. These vary according to jurisdiction.
An uncontested divorce may cost even less; however, any disputes that need resolving may increase billable hours for your lawyer and add up over time.
Hours can add up quickly when there is disagreement over major items such as property division or spousal support, so expect to spend at least $10,000. You can reduce costs by filing in the county where both spouses reside to eliminate extra fees such as response fees; waiving formal service of your spouse by process server; and agreeing on all major issues before hiring an attorney to handle your contested divorce.
Retainer Fees
Divorce attorney fees can be an expensive proposition, particularly in cases of high conflict. Contested divorces involving contentious issues like property division, child custody and spousal support often exceed the national average cost of about $7,000 for each spouse involved.
Lawyers usually charge by the hour; as soon as there are multiple issues to address in a case, more time will be devoted to it by an attorney. A retainer fee acts as a deposit that ensures they will have enough funds available to them until your matter has come to a successful resolution.
Respondents in our survey who hired full-scope divorce attorneys and worked through all contested issues paid an average of $11,300; for cases that went to trial on at least one contentious issue, costs rose significantly – this average jumped up to $23,300. Many couples who can agree on all issues opt to mediate instead, which can significantly reduce costs for both sides involved.
Expertise Fees
Uncontested divorce requires more time and resources in order to resolve disagreements over issues such as property division, child custody, support payments and alimony payments. This may result in higher attorney and consultant fees as well as higher filing, witness and court appearance fees and costs.
Your attorney’s hourly rate may differ considerably, and it is also wise to factor in additional fees such as mediation costs which could reach as much as $500 an hour.
If your case may be uncontested, representing yourself in court or through mediation may allow you to avoid some fees altogether. However, seeking legal advice and assistance on more complex aspects may save money through hiring a consulting attorney who can offer limited legal services such as helping to understand options or prepare for mediation as well as draft or review documents.
Property Division Fees
Divorce lawyers also charge fees for their time spent dividing your marital property, especially during contentious proceedings where parties disagree about distributing assets or other matters.
Hiring a lawyer to represent your interests in court can significantly increase costs. For example, if the case goes to trial it may require additional discovery work and preparation for potential cross-examinations or testimony.
Some attorneys offer flat fees, which is a fixed amount charged regardless of how long it takes them to work on your case. Although not suitable for every type of legal service, flat fees can be more budget-friendly if your legal needs are minimal. SAS Tip: If your rates are too expensive for you to afford, many courts provide fee waivers to poor persons; to find out more contact your local court as exact fees depend upon county and state.
