Even if someone believes they have a valid reason to end a marriage, they may still hesitate due to how expensive it can be to get a divorce. Factors such as child custody or alimony disputes can raise costs by tens of thousands of dollars.
Fortunately, there are ways to cut costs while seeking marriage dissolution without necessarily sacrificing quality representation. Read on for ways to better afford a cheap divorce in 2024.
How Much Does a Divorce Cost?
Across all 50 states, the average cost of divorce is between $15,000 and $20,000. Still, how cheap or expensive a divorce is may ultimately depend on the state where it occurs. For instance, it is costly to file in California, as filing fees are about $435. By comparison, North Dakota’s filing fees are $80 on average, while Indiana’s are around $157 on average.
The biggest cost associated with a divorce however is attorney fees. Divorce attorneys bill by the hour with most charging $200 per hour or more. Attorney fees tend to be higher in big cities and lower in rural areas.
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What Makes Divorce Expensive?
Even if the filing party and their spouse do not have children, they can still spend thousands of dollars terminating their marriage. A few key factors tend to contribute to how expensive or inexpensive it is to get a divorce.
- Location: Where one chooses to file for divorce often plays a significant role in expenses. For instance, California, Delaware, and New York are the states where it costs the most to divorce.
- Divorce type: A contested divorce where the parties cannot agree will likely take longer and generate more costs over time than a quickly negotiated uncontested divorce or a mediated divorce.
- Custody: A custody battle will lengthen the divorce process, increasing court and lawyer fees.
- Trial: A divorce that goes to trial takes longer to complete because of busy court calendars. In addition to court and lawyer fees to consider, parties may have to pay for babysitters and travel expenses. One may also lose money due to missed work.
Taken together, it is not surprising that a divorce can cost a great deal. For those without a lot of money but who desperately want a divorce, it can seem unaffordable.
Ways to Divorce for Cheap
If you or a loved one is concerned about paying for a divorce, there are ways to drastically reduce the cost, as explored in the following sections.
Work Out a Resolution on Your Own
Sit down with your spouse and try to talk through all the issues involved in your divorce and try to resolve as many as possible on your own. The fewer the issues you disagree on, the less expensive your divorce will be.
Get Fees Waived or Deferred
If you cannot pay court fees, you can apply for fee waivers often called poor person or indigent status. Often,qualifying for a fee waiver requires proof of low income and minimal assets, such as receiving food stamps, Medicaid or some form of supplemental income from the government.
Otherwise, it may be possible to get payments deferred. The party will still be responsible for paying court costs. However, they can temporarily put off responsibility until later, ideally when they have the appropriate funds available.
Hire a Pro Bono or Volunteer Divorce Lawyer
When seeking legal advice and representation, it is crucial to know there are resources available free of charge. Many areas have legal aid organizations that receive funding to represent people who cannot afford their own attorneys.
Additionally, most area bar associations have programs that provide access to no-cost legal advice or lawyers willing to work “pro bono,” which means they volunteer their services for no charge for people who meet certain qualifications.
Pro bono help aside, some attorneys are willing to work with clients to set up a long-term payment plan or perhaps work at a discount.
Pursue an Uncontested Divorce
One of the most vital factors in determining the final cost of a divorce is whether a couple opts for a contested or an uncontested divorce.
In a contested divorce, the parties do not agree on major issues like property division or child custody, requiring the court to decide the outcome. During this case, each side produces evidence and testimony as to why they deserve their desired outcome. The longer the case takes, the more hours the attorney bills for. Moreover, the jury or judge’s decision could cause one party to lose a significant amount of their finances.
The desire for a fast and comparatively cheap divorce is why some spouses might mutually agree to go the uncontested route. The parties agree on all major issues, create a settlement agreement and file for an uncontested divorce, ultimately avoiding a long and costly court battle.
Divorce Mediation
Mediation is an alternative to a litigated divorce. The process involves both parties meeting with a trained and neutral third-party mediator. Divorce lawyers may be present, though this is not required. During sessions, both sides work through issues and settle their differences together.
Unlike a jury or judge, mediators do not render a decision. Instead, they aid the parties in coming to a solution by asking questions and providing a non-hostile environment for a couple to work out the terms of their separation.
In addition to helping to avoid a negative situation where tensions escalate, mediation sessions are almost always far less expensive than court trials.
Get an Annulment Instead
Annulments are a cost-effective alternative to divorce worth considering. This form of dissolution declares a marriage null and void, treating the union as if it never happened. However, unlike a divorce, there are typically very specific situations required to be allowed an annulment.
For instance:
- The couple was too closely related to legally be allowed to marry
- Marriage through fraud or coercion
- An undisclosed prior marriage
- One or both parties could not legally consent
Because an annulment is typically less expensive than a divorce, it can be seen as a cheaper alternative.However, because an annulment determines the marriage was never valid, there is no property divorce and no spousal support available. Child custody and child support can still be determined.
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Frequently Asked Questions (FAQs)
How can I get a cheap divorce?
Get a cheap divorce by resolving as many issues on your own as possible, applying for fee waivers and/or working with a legal aid, pro bono or volunteer lawyer. Pursuing annulment, mediation or an uncontested divorce can also help save money.
How much does a divorce cost?
Across the United States, an average divorce costs at least $11,300 plus court fees.
Can I get a divorce without paying money?
If you can prove that you are indigent and unable to afford the cost of a divorce, the court may waive fees. Additionally, you may be able to find pro bono legal representation.
How long until my divorce gets finalized?
The length it takes a divorce to finalize varies by state and circumstance. In some places, the process can take as little as two months. Elsewhere, it may go on for close to a year. If you have very few issues to be resolved, your divorce will conclude more quickly than if you have a lot of issues on which you disagree.
