how much does a simple divorce cost
Richard Brown November 18, 2025 0

How Much Does a Simple Divorce Cost? A Complete Guide

Understanding the financial implications of ending a marriage is one of the most pressing concerns for couples considering divorce. If you’re wondering how much a simple divorce cost, you’re not alone. The expense of dissolving a marriage varies widely based on several factors, but a straightforward, uncontested divorce is typically the most affordable option available.

Understanding Simple Divorce Costs

A simple divorce, also known as an uncontested divorce, occurs when both spouses agree on all major issues including asset division, child custody, spousal support, and debt allocation. This mutual agreement significantly reduces legal fees and court costs compared to contested divorces that require extensive litigation.

The average cost of a simple divorce in the United States ranges from $500 to $3,000, depending on your location and whether you hire an attorney. This stands in stark contrast to contested divorces, which can easily exceed $15,000 to $30,000 or more when trials and prolonged negotiations become necessary.

Breaking Down the Expenses

Filing Fees

Every divorce begins with filing a petition at your local courthouse. Court filing fees vary by state and county but typically range from $200 to $400. Some jurisdictions charge closer to $100, while others may exceed $500. These fees are mandatory regardless of whether you hire legal representation.

Attorney Fees for Simple Divorces

If you choose to hire an attorney for your uncontested divorce, expect to pay between $1,000 and $3,000 for their services. Many divorce lawyers offer flat-fee arrangements for simple cases, which provides cost certainty and eliminates concerns about hourly billing. This flat rate usually covers preparing and filing documents, communicating with your spouse’s attorney if applicable, and ensuring all legal requirements are met.

Hourly rates for divorce attorneys typically range from $150 to $500 per hour depending on their experience and geographic location. In metropolitan areas, rates trend toward the higher end of this spectrum.

DIY Divorce Costs

For couples who agree on all terms and feel comfortable navigating the legal process independently, a do-it-yourself divorce represents the most economical option. DIY divorce costs typically include only the court filing fees plus any expenses for online document preparation services, which range from $150 to $500.

Online divorce services provide state-specific forms and step-by-step guidance without the expense of traditional legal representation. However, this approach works best when there are minimal assets, no children, or when both parties have already reached a comprehensive agreement.

Factors That Influence Divorce Costs

Geographic Location

Where you live significantly impacts how much your divorce will cost. States like California and New York tend to have higher filing fees and attorney rates compared to states in the Midwest or South. Urban areas within any state typically command premium prices for legal services.

Complexity of Marital Assets

Even in simple divorces, the nature of your shared property affects costs. Couples with straightforward finances—perhaps a joint checking account, one vehicle, and minimal personal property—can proceed more quickly and affordably. However, if you own real estate, retirement accounts, or business interests, you may need additional legal guidance even in an uncontested case, which increases expenses.

Children and Custody Arrangements

When minor children are involved, additional paperwork and considerations come into play. You’ll need to establish custody arrangements, visitation schedules, and child support agreements. While these elements don’t necessarily make a divorce contested, they do add complexity that may require more attorney time or mediation services.

Mediation Services

Some couples choose mediation to help reach agreements on disputed issues before finalizing their divorce. Mediators typically charge $100 to $300 per hour, and most simple cases require two to five sessions. While this adds to the upfront cost, mediation often saves money by preventing escalation to a contested divorce.how much does a simple divorce cost

Cost Comparison: Simple vs. Contested Divorce

The difference between a simple divorce and a contested one is substantial. A contested divorce where spouses cannot agree on key issues often requires:

  • Multiple court appearances ($0 additional if representing yourself, or billable attorney hours)
  • Discovery processes including depositions ($1,000 to $5,000+)
  • Expert witnesses for asset valuation or custody evaluations ($2,000 to $10,000+)
  • Trial preparation and court time (substantial attorney fees)

These elements can push the total cost of a contested divorce to $25,000, $50,000, or even higher in complex cases. By comparison, the $500 to $3,000 price range for simple divorces represents tremendous savings.

Ways to Minimize Your Divorce Costs

Consider an Uncontested Approach

The single most effective way to reduce divorce expenses is reaching agreement with your spouse on all issues before involving the courts. Open communication, compromise, and sometimes informal mediation can help you achieve this goal.

Use Online Divorce Services

If your situation is straightforward, online divorce platforms offer an affordable middle ground between completely DIY and hiring a full-service attorney. These services provide legal forms, instructions, and customer support at a fraction of traditional attorney costs.

Organize Financial Documents

Whether you hire an attorney or file independently, gathering all necessary financial documentation beforehand saves time and money. Prepare bank statements, tax returns, property deeds, retirement account statements, and debt information in advance.

Limited Scope Representation

Some attorneys offer “unbundled” legal services where they assist with specific aspects of your divorce rather than full representation. You might hire an attorney to review your settlement agreement or handle document filing while you manage other portions yourself, significantly reducing legal fees.

Fee Waivers for Low-Income Filers

If you cannot afford court filing fees, most jurisdictions offer fee waiver programs for qualifying individuals. Applications require proof of income and may exempt you from paying some or all court costs.

What’s Included in a Simple Divorce Package

When you pay for a simple divorce, whether through an attorney’s flat fee or an online service, the cost typically covers:

  • Preparation of all required legal documents (petition, settlement agreement, financial disclosures)
  • Filing documents with the appropriate court
  • Service of process to notify your spouse
  • Final decree preparation and filing
  • Basic legal guidance throughout the process

Additional services like representation at hearings, mediation, or modification of custody agreements usually cost extra.

Hidden Costs to Consider

Beyond the obvious expenses, some costs catch divorcing couples by surprise:

Property Transfer Fees: If you’re transferring real estate or vehicle titles as part of your settlement, expect recording fees and potential transfer taxes.

Name Change Documents: If you plan to resume your maiden name, some states require additional filing fees.

Retirement Account Division: Dividing 401(k)s or pensions requires a Qualified Domestic Relations Order (QDRO), which may cost $500 to $2,000 to prepare.

Document Copies: Courts charge for certified copies of your divorce decree, which you may need for various purposes.

Tax Implications: While not an immediate cost, divorce can affect your tax situation, potentially resulting in different liabilities or refunds.

Timeline and Its Impact on Cost

Simple divorces typically conclude within three to six months, though this varies by state. Some jurisdictions impose mandatory waiting periods ranging from 30 days to six months between filing and finalization. The longer your divorce takes, the more opportunity for costs to accumulate, particularly if you’re paying attorney hourly rates.

Most states require a minimum residency period before you can file for divorce, usually ranging from six weeks to one year. This doesn’t directly add costs but may delay proceedings if you’ve recently moved.

When to Invest in Legal Representation

Even in simple cases, certain situations warrant hiring an attorney:

  • Domestic violence or safety concerns exist
  • You suspect your spouse is hiding assets
  • Significant retirement accounts or business interests need division
  • You feel uncertain about your legal rights
  • Your spouse has hired an attorney
  • Complex custody arrangements are needed

The cost of an attorney for a simple divorce is an investment in protecting your interests and ensuring documents are properly prepared. Mistakes in divorce paperwork can create expensive problems that cost far more to fix than hiring help initially would have cost.

State-by-State Cost Variations

Filing fees and typical divorce costs vary considerably by state:

Lower Cost States: States like Mississippi, Wyoming, and Arkansas tend to have filing fees around $150 to $200 and generally lower attorney rates.

Higher Cost States: California, New York, and Massachusetts typically charge $400+ for filing fees, with attorney costs reflecting higher costs of living in these areas.

Average Cost States: Most states fall somewhere in the middle, with filing fees between $250 and $350 and reasonable attorney rates for simple cases.

Research your specific state’s requirements, as some impose additional fees for mandatory parenting classes, mediation, or other requirements that affect your total cost.

Making the Right Financial Decision

Determining how much to spend on your divorce depends on your unique circumstances. For couples with minimal assets, no children, and complete agreement on all terms, a DIY divorce or online service provides excellent value. Those with moderate complexity may benefit from limited scope legal assistance, while anyone with significant assets or concerns about the agreement should strongly consider full legal representation despite the higher cost.

Remember that the cheapest option isn’t always the wisest choice. An improperly prepared divorce agreement can lead to enforcement problems, modification requests, or even the need to relitigate issues—all of which cost substantially more than hiring appropriate help from the beginning.how much does a simple divorce cost

Moving Forward Financially

A simple divorce, while emotionally challenging, doesn’t have to create financial devastation. By understanding the costs involved, exploring affordable options, and making informed decisions about legal representation, you can navigate this transition with greater confidence and financial stability.

The investment you make in properly dissolving your marriage establishes the foundation for your independent financial future. Whether you spend $500 or $3,000, ensuring your divorce is handled correctly protects your assets, rights, and peace of mind as you begin your next chapter.


Frequently Asked Questions

How much does the cheapest divorce cost?

The absolute cheapest divorce costs between $200 and $400, which covers just the court filing fees when both spouses handle everything themselves without legal assistance. This DIY approach works best for couples with no children, minimal shared assets, and complete agreement on all terms. However, online divorce services that cost $150 to $500 in addition to filing fees provide valuable guidance and reduce the risk of errors that could delay or complicate your case.

What is an uncontested divorce and why is it cheaper?

An uncontested divorce occurs when both spouses agree on all aspects of ending their marriage, including property division, debt allocation, child custody, support payments, and spousal maintenance. This type of divorce is significantly cheaper because it eliminates the need for extensive attorney negotiations, court hearings, discovery processes, and trials. Without contested issues requiring resolution, legal fees remain minimal and court time is reduced to simple procedural matters.

Can I get a divorce without hiring a lawyer?

Yes, you can legally represent yourself in a divorce, known as appearing “pro se.” Many couples with simple, uncontested divorces successfully navigate the process without attorneys. However, you must still follow all court procedures correctly, file proper documents, and ensure your settlement agreement protects your interests. Online divorce services and court self-help centers provide resources for those choosing this route. Consider consulting with an attorney at least once to review your agreement, even if you don’t hire full representation.

How long does a simple divorce take?

A simple, uncontested divorce typically takes three to six months from filing to finalization. The actual timeline depends on your state’s mandatory waiting period, court scheduling, and how quickly you and your spouse complete required paperwork. Some states allow divorces to be finalized in as little as 30 to 60 days if there’s no waiting period and all paperwork is in order. Complex cases or court backlogs can extend this timeline.

What happens if I can’t afford the filing fee?

Most courts offer fee waiver programs for individuals who cannot afford filing costs. You’ll need to complete an application demonstrating financial hardship, typically by showing that your income falls below a certain threshold or that you receive public assistance. If approved, the court may waive filing fees entirely or allow payment plans. Contact your local court clerk’s office to request fee waiver forms and learn about qualification requirements in your jurisdiction.

Does having children make a simple divorce more expensive?

Having children adds complexity to any divorce because you must establish custody arrangements, visitation schedules, and child support, but it doesn’t necessarily prevent an uncontested divorce. If you and your spouse agree on parenting arrangements, your divorce can remain simple and affordable. However, some states require parenting classes that cost $25 to $100, and you may benefit from mediation to finalize custody details. Courts scrutinize child-related agreements carefully, so legal review is particularly valuable when children are involved.

What’s the difference between flat fee and hourly billing?

Flat fee billing means your attorney charges one predetermined price for handling your entire simple divorce, regardless of time spent. This approach provides cost certainty and is common for uncontested cases. Hourly billing means you pay for every hour or fraction of an hour the attorney works on your case, with rates typically between $150 and $500 per hour. Hourly billing can become expensive if complications arise, while flat fees protect you from unexpected costs but may be more expensive upfront for very simple cases.

Are online divorce services legitimate?

Yes, reputable online divorce services are legitimate and provide accurate, state-specific legal forms along with guidance for completing them. These platforms streamline the DIY divorce process by eliminating legal research and ensuring you file correct documents. However, they don’t provide personalized legal advice or representation. Online services work well for straightforward cases but aren’t suitable when you have questions about your rights, suspect hidden assets, or face any contested issues. Research reviews and verify the service provides forms specific to your state.

What if my spouse and I disagree on one issue?

If you disagree on even one significant issue, your divorce becomes contested, which substantially increases costs. However, you have options before resorting to litigation. Mediation, where a neutral third party helps you reach agreement, costs $100 to $300 per hour and often resolves disputes in a few sessions. Some couples benefit from collaborative divorce, where specially trained attorneys work toward settlement without going to court. If these approaches fail, you’ll need traditional legal representation and possibly a trial, pushing costs significantly higher.

Can I modify my divorce agreement later if costs were too high initially?

Yes, divorce agreements can be modified after finalization, but only under specific circumstances and through proper legal channels. Child custody, visitation, and support orders are modifiable when there’s a substantial change in circumstances. However, property division and debt allocation are generally final and cannot be changed except in cases of fraud or other extraordinary situations. If you’re concerned about costs, investing in a properly prepared initial agreement is wiser than accepting unfavorable terms you’ll need to modify later, as modification proceedings cost additional money.

Do divorce costs vary between states?

Yes, divorce costs vary significantly between states due to differences in court filing fees, attorney rates reflecting local cost of living, and procedural requirements. States like Mississippi and Wyoming typically have lower filing fees ($150-$200) and attorney costs, while California, New York, and Massachusetts charge higher filing fees ($400+) and attorney rates. Additionally, some states mandate mediation, parenting classes, or waiting periods that add to overall costs. Research your specific state’s requirements and typical costs to budget accurately.

Is mediation required for a simple divorce?

Mediation requirements vary by state and sometimes by county. Many jurisdictions require mediation only for contested divorces or when child custody is disputed. However, even when not mandatory, mediation can be valuable for working through final details of an uncontested agreement. Some courts offer free or low-cost mediation services, while private mediators charge hourly fees. If your divorce is truly simple with complete agreement already reached, mediation likely isn’t necessary. Check your local court’s requirements to understand what applies to your situation.

What documents do I need to file for divorce?

Required documents vary by state but typically include a petition or complaint for divorce, summons, financial affidavits or disclosures listing all assets and debts, and a proposed settlement agreement outlining division of property and any support arrangements. If you have children, you’ll also need parenting plans and child support worksheets. Many states require additional forms like certificates of completion for mandatory parenting classes. Your local court’s website or clerk’s office can provide a complete list of required documents, and online divorce services include all necessary forms for your state.

Can divorce costs be split between spouses?

Yes, spouses can agree to split divorce costs, including filing fees and attorney expenses. This arrangement should be documented in writing. Alternatively, the divorce settlement itself might specify that one spouse pays certain costs, particularly if there’s significant income disparity. Some judges order the higher-earning spouse to contribute to the other’s attorney fees, especially in contested cases, but this is less common in simple divorces. Courts generally expect each party to handle their own costs in uncontested divorces unless you agree otherwise.

What’s included in a divorce settlement agreement?

A comprehensive settlement agreement addresses all aspects of ending your marriage: division of all marital property and assets, allocation of marital debts, spousal support or alimony terms if applicable, child custody and visitation schedules for minor children, child support amounts and payment terms, division of retirement accounts and pensions, health insurance coverage, and responsibility for filing taxes. The agreement should be thorough and unambiguous, as it becomes a legally binding court order. Incomplete or unclear agreements lead to disputes requiring costly legal intervention later.

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