How Much Does It Cost to Get Divorced? Lawyer Fees, Filing Fees, and the Cheaper Routes
Divorce pricing has a huge spread because it bundles three different decisions: whether you hire lawyers, how much you fight, and where you file. Here are the actual survey numbers behind the averages, current filing fees in six large states, and what mediation and DIY routes really cost.
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Reviewed by Leonard Goldberg, Editor · Last updated
The Real Numbers Behind 'Average Divorce Cost'
The most-cited national data is the Martindale-Nolo divorce survey (2019): average total cost $11,300, median $7,000 for divorces with a lawyer - and for cases that never went to trial, average attorney fees of roughly $4,000-$10,400. Trials change everything: an average of $11,600 with one or two contested issues and $21,500 with three or more, with outliers reported to $75,000.
At the other end, self-represented divorces averaged $1,170 with a $300 median. The fight, not the paperwork, is the cost driver.
Case Details
Hourly rates: the 2019 survey measured $270/hour for divorce attorneys; the broader national average attorney rate reached $349/hour in 2025 (Clio Legal Trends Report), with New York and California well above it. Most attorneys bill against a retainer; how the marital settlement agreement - the property settlement agreement that turns the numbers into a binding deal - gets negotiated is where the hours go.
Filing Fees in Six Large States
The Cheaper Routes - What They Cost
• Uncontested / DIY - forms plus the filing fee; the survey median was $300 total
• Online divorce services - flat fees roughly $150-$750 for document prep, up to a few thousand with filing support
• Mediation - typically $2,000-$9,000 total, with mediators billing $250-$600/hour; one study of parents found a median of $18,000 when both hired lawyers versus $500 when neither did
• Collaborative divorce - a lawyer-supported settlement process, from a few thousand dollars to $30,000+ in complex cases
The pattern is consistent: every step away from two litigating attorneys cuts the total by thousands.
Who Ends Up Paying the Lawyers
Where the Money Goes, Stage by Stage
- 1
Filing
The petition and filing fee - roughly $210 to $450 in the six large states checked - or a fee waiver.
- 2
Temporary Orders
Support and custody pending the case; contested motions start the meter running.
- 3
Disclosure and Negotiation
Financial disclosure, then negotiating the marital settlement agreement - most attorney hours land here.
- 4
Settlement or Trial
Settled cases stop here; trials averaged $11,600-$21,500 in attorney fees depending on contested issues (2019 survey).
- 5
Judgment
The court enters the decree incorporating the settlement agreement or trial rulings.
Cost Traps
Three ways divorce budgets blow up:
Fighting on principle
Every contested issue multiplies fees - the survey gap between settling and a 3-issue trial is roughly a factor of three. Ask your lawyer what each fight costs versus what it can win.
Reading the headline average as your price
The $11,300 average describes lawyer-involved, often contested cases. Uncontested divorces with agreement in hand routinely close for a few hundred dollars plus the filing fee.
Skipping the fee agreement details
Retainer terms, hourly rates, billing increments and replenishment clauses decide the real total - get them in writing before signing.
Divorce Cost - FAQ
How much does the average divorce cost?
The most-cited national survey (Martindale-Nolo, 2019) found an average of $11,300 and a median of $7,000 in total costs for divorces with a lawyer; self-represented divorces had a median of just $300.
How much does a divorce lawyer cost per hour?
The 2019 divorce survey measured $270/hour; the broader 2025 national average attorney rate was $349/hour (Clio), with high-cost states like New York and California above that.
What is the filing fee for a divorce?
Between about $210 and $450 in the six large states we checked - California $435-$450, Texas ~$305-$360, Florida ~$408, New York ~$335, Illinois $210-$388, Pennsylvania $230-$449. Fees are county-variable; confirm with your clerk.
Can I get the filing fee waived?
Yes - every state has a fee-waiver process, generally for filers receiving public benefits or with income near the federal poverty guidelines.
Is mediation cheaper than lawyers?
Substantially: mediation typically runs $2,000-$9,000 total, against a median of $18,000 for parents where both sides hired lawyers (versus $500 where neither did, per a parenting-industry study).
Who pays the attorney fees in a divorce?
Usually each spouse pays their own, but judges in most states can order the higher earner to contribute to the other spouse's fees when incomes differ significantly.
What is a marital settlement agreement?
The contract - also called a property settlement agreement - that records the divorce deal: property division, support, custody. Negotiating and drafting it is where most attorney hours go, and having it agreed before filing is the biggest single cost saver.
How much is it to file for divorce?
Filing itself is the small number. Court filing fees for a divorce petition generally run somewhere between roughly $100 and $450 depending on the state and county, with service of process and, in some places, a parenting-class fee on top. Every state waives filing fees for people who cannot afford them via a fee-waiver application. The gap between that and the averages people quote is attorney time — which is why an uncontested divorce where both sides agree costs a fraction of a contested one, even with a lawyer involved.
How much does it cost to get divorced in total?
Add three separate things, because quotes usually cover only one of them. The court filing fee is the small, fixed part — generally somewhere between roughly $100 and $450 depending on state and county, waivable if you cannot afford it. Attorney time is the variable that decides everything else, and it scales with conflict rather than with assets: an uncontested divorce where both sides have already agreed costs a fraction of a contested one even with lawyers involved. The third bucket is the one people forget — mediator fees, a custody evaluator, a business or pension valuation, and refinancing or retitling property afterwards. Two levers genuinely cut the total: agreeing on as much as possible before the lawyers start, and using mediation for what is left.
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