A divorce costs $500 to $500 for an uncontested DIY divorce with no attorneys, $3,000 to $10,000 for a mediated divorce with limited legal help, $15,000 to $50,000 for a contested divorce with attorneys on both sides that settles before trial, and $50,000 to $100,000 or more for a fully litigated divorce that goes to trial. The national median is roughly $8,000 to $12,000 per side for a divorce involving attorneys and some level of dispute. The cost is almost entirely determined by the level of conflict — not by the complexity of the assets, the length of the marriage, or the number of children. A short marriage with no children and no assets costs $100,000 if the parties litigate every issue. A long marriage with children, a business, and retirement accounts costs $3,000 if the parties agree on everything and use a mediator to draft the paperwork.
The single most important thing to understand about divorce costs is the attorney hourly rate — typically $250 to $600 per hour — and the minimum retainer — typically $2,500 to $10,000, paid upfront, drawn down as the attorney works. Every phone call, every email, every motion filed, and every court appearance is billed against the retainer. When the retainer is depleted, another retainer must be paid. A contested divorce in which the parties cannot agree on custody, support, or asset division and their attorneys must negotiate, file motions, and appear in court burns through $2,500 retainers in a matter of weeks.
Divorce Cost by Method: From Cheapest to Most Expensive
| Method | Typical Cost (Per Side) | Best For | Time to Final |
| DIY / Online (uncontested, no children, few assets) | $300-$1,500 | Short marriage, no kids, both agree on everything | 1-3 months |
| Mediation (with neutral third party) | $3,000-$8,000 | Disagreement exists but both parties want to settle | 2-6 months |
| Collaborative divorce (two attorneys, no court) | $5,000-$15,000 | Complex assets, both committed to avoiding court | 3-8 months |
| Contested with attorneys, settles before trial | $15,000-$50,000 | High conflict, cannot agree without legal pressure | 6-18 months |
| Fully litigated trial | $50,000-$100,000+ | Neither side will compromise; court decides everything | 12-36 months |
The 5 Factors That Drive the Cost Up — or Keep It Down
| Factor | Keeps Cost Low | Drives Cost High |
| Level of agreement | Both parties agree on asset division, custody, support | Parties disagree on everything; every issue is contested |
| Children | No minor children, or custody is already agreed | Custody battle, parenting plan disputes, child support disagreements |
| Assets and debts | Few assets, no real estate, no retirement accounts, no business | Home, multiple retirement accounts, business ownership, complex investments |
| Spousal support (alimony) | Both parties self-supporting; alimony not an issue | One spouse was out of workforce; alimony amount and duration disputed |
| Discovery and experts | No hidden assets; both parties disclose finances voluntarily | Forensic accountants, business valuation experts, custody evaluators needed |
Attorney Fees: The Engine of Divorce Costs
The attorney hourly rate — $250 to $600 per hour — multiplied by the number of hours the attorney works on the case determines roughly 60% to 80% of the total cost of a contested divorce. An uncontested divorce might require 5 to 10 hours of attorney time per side — $1,250 to $6,000. A contested divorce that settles before trial might require 50 to 100 hours per side — $12,500 to $60,000. A fully litigated trial might require 150 to 300 hours per side — $37,500 to $180,000.
The retainer — typically $2,500 to $10,000 — is paid upfront and is not a flat fee. It is a deposit against the attorney’s hourly billing. When the retainer is depleted, the attorney will request an additional retainer. If the client cannot pay, the attorney may withdraw from the case. A client who runs out of money mid-divorce is in an extremely difficult position: the attorney withdraws, the court date approaches, and representing yourself — proceeding pro se — in a contested divorce with children and assets is not a realistic option.
Non-Attorney Costs: The Bills You Do Not Expect
- Court filing fees: $150 to $500, paid to the county clerk to file the divorce petition.
- Service of process: $50 to $150 to have the divorce papers formally delivered to the other spouse.
- Mediator fees: $3,000 to $8,000 total, typically split between both parties.
- Forensic accountant: $3,000 to $10,000 to trace assets, value a business, or uncover hidden finances.
- Custody evaluator / guardian ad litem: $3,000 to $10,000 for a professional to evaluate the children’s best interests and make a custody recommendation to the court.
- Real estate appraisal: $500 to $1,500 to value the marital home.
- Pension valuation / QDRO: $500 to $2,000 for a Qualified Domestic Relations Order to divide retirement accounts without tax penalties.
The cost of a divorce trial is not the judge’s time — it is the preparation. The trial itself is 1 to 5 days in court. The preparation for trial — depositions, expert witness reports, evidence gathering, motion practice, settlement conferences — consumes 80% to 90% of the attorney’s hours on the case. By the time the parties walk into the courtroom, they have already spent most of the money. The trial is the most expensive phase per day but not the most expensive phase overall. The months of preparation leading to trial are where the retainer burns.
FAQ: Common Questions About Divorce Costs
Who pays for the divorce — the person who files or both parties?
Each party typically pays their own attorney fees. The spouse who files the divorce petition pays the filing fee ($150 to $500) and the cost of serving the other spouse ($50 to $150). In some cases, one spouse may be ordered by the court to pay the other spouse’s attorney fees — typically when there is a significant income disparity and one spouse cannot afford representation. This is called a pendente lite fee award, and it is not automatic. It must be requested and justified.
What is the absolute cheapest way to get divorced?
An uncontested divorce with no minor children, no real estate, few assets and debts, and both parties in complete agreement on every issue. The total cost is roughly $300 to $1,500: $150 to $500 in court filing fees, $50 to $150 for service of process, and $100 to $850 for online document preparation services or a limited-scope attorney to review the settlement agreement before it is filed. Both parties sign the paperwork. One party attends a brief final hearing — 10 to 15 minutes in front of a judge. The divorce is final 30 to 90 days later, depending on the state’s mandatory waiting period.
Agreement Is the Only Thing That Controls the Cost
A divorce costs $500 to $100,000+, with the specific cost determined almost entirely by the level of conflict between the parties. An uncontested divorce with no attorneys costs less than a used car. A fully litigated trial costs more than a college education. The assets, the children, and the length of the marriage are secondary factors. The primary factor is whether the parties can agree — or whether a judge must decide for them.
The money spent on attorneys in a contested divorce is money that neither party keeps. Every dollar paid to an attorney is a dollar that does not go to the children’s education, the retirement account, or the down payment on a post-divorce home. The incentive to settle — to compromise, to mediate, to agree — is not moral. It is financial. The cheapest divorce is the one in which both parties decide, early and clearly, that they would rather give ground to each other than give money to their attorneys.
