Free Divorce Cost Calculator — State-Specific Estimates for All 50 States

Attorney Fees and Hourly Rates

Attorney fees are the largest expense in most divorces. Hourly rates range from $150 in rural areas to $500 or more in major metropolitan markets like New York, San Francisco, and Los Angeles. Most attorneys require a retainer of $2,500 to $10,000 upfront. Every phone call, email, court appearance, and document review counts against that retainer. The total hours billed depend primarily on how many issues are contested and how cooperative both parties are during negotiations.

Court Filing Fees

Every divorce starts with a court filing fee, which ranges from as low as $80 in North Dakota to $435 in California. Additional fees can accrue for motions, modifications, service of process ($50 to $100), and certified copies of the final decree. Some states offer fee waivers for low-income filers, while others charge extra for electronic filing. These costs are unavoidable regardless of whether you hire an attorney.

The Contested vs. Uncontested Divide

The single biggest factor in divorce cost is whether the case is contested. An uncontested divorce where both parties agree on all terms typically costs $500 to $3,000 and wraps up in one to three months. A contested case, where the court must resolve disputes over custody, asset division, or support, can cost $10,000 to $50,000 or more and drag on for nine to twenty-four months. The difference comes from additional attorney hours, expert witnesses, depositions, court hearings, and trial preparation.

How Children Affect Costs

When minor children are involved, costs rise substantially. Custody disputes alone can add $5,000 to $30,000 in legal fees. Courts may order custody evaluations ($2,500 to $10,000), appoint a guardian ad litem ($2,000 to $5,000), or require parenting coordination. Many states also mandate parenting education classes ($25 to $100 per parent). Even in amicable situations, developing a comprehensive parenting plan requires additional attorney time for child support calculations and custody scheduling.

Before Filing

The most effective way to reduce divorce costs starts before you ever contact an attorney. Organize every financial document you can find: three years of tax returns, bank statements, retirement account statements, mortgage documents, vehicle titles, credit card statements, and pay stubs. Creating a complete asset and debt inventory before your first consultation can save 5-10 hours of attorney time at $200-$500 per hour. Close joint credit accounts to prevent new shared liabilities, and set aside funds specifically for your retainer so you are not scrambling when the process begins.

During the Process

Once proceedings begin, how you communicate makes a measurable difference. Batch your questions for your attorney into a single weekly email instead of multiple short calls, as most attorneys bill in six-minute increments. Use email rather than phone for non-urgent matters to create a paper trail without paying for real-time conversation. Ask for paralegal assistance on document preparation tasks, which typically bills at $75-$150 per hour instead of the attorney's full rate. Avoid emergency motions unless absolutely necessary, as they cost $1,000-$3,000 each and often escalate conflict.

Alternative Approaches

If a traditional litigated divorce feels too expensive, several alternatives can dramatically reduce costs:

• Mediation — A neutral mediator ($100-$300/hour) helps you reach agreement on all issues, typically in 3-8 sessions. Total cost: $3,000-$8,000 including review attorneys.
• Unbundled legal services — Hire an attorney for specific tasks (reviewing an agreement, filing paperwork) rather than full representation. This can cut legal costs by 50-70%.
• Online divorce services — For truly uncontested cases, services like OurDivorce or CompleteCase prepare your documents for $150-$500 plus the filing fee.
• Legal aid — If your household income is below 125-200% of the federal poverty line, free legal aid may be available through your local bar association or legal aid society.

Community Property vs. Equitable Distribution

Nine states (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin) follow community property rules where marital assets are split 50/50. The remaining 41 states use equitable distribution, where the court divides assets based on fairness rather than an even split. Community property states can be simpler and cheaper for straightforward cases because there is less room for argument. Equitable distribution states offer more flexibility but can lead to costly litigation when spouses disagree about what is “fair.”

Filing Fee Ranges Across States

Filing fees vary dramatically. North Dakota charges just $80, while California leads at $435. Most states fall in the $150-$350 range. Some states also charge separate fees for service of process, motion filings, and certified copies of the decree. Fee waivers are available in most states for filers who demonstrate financial hardship, typically requiring income below 125-150% of the federal poverty line.

States with Mandatory Mediation

Over 15 states require mediation before a contested divorce can go to trial. States like California, Florida, Connecticut, Maine, and North Carolina mandate mediation for custody disputes, while others like New Jersey and Colorado require it for all contested issues. While this adds an upfront cost ($1,000-$3,000), mandatory mediation frequently resolves disputes before trial and reduces overall spending.

States with Simplified Divorce Options

Many states offer simplified, summary, or expedited divorce procedures for couples who meet certain criteria, typically no children, limited assets, and full agreement on all terms. California's summary dissolution, Montana's joint petition, and Oregon's summary dissolution can save $2,000-$5,000 in legal fees by eliminating most of the formal court process. Check whether your state offers a simplified track, as it can be the most cost-effective path if you qualify.

Cases Where You Need an Attorney

You should strongly consider hiring an attorney if any of these apply: you own a business or professional practice, you have retirement accounts or pensions that need dividing, your spouse has hired an attorney, there are allegations of domestic violence or substance abuse, you disagree on custody arrangements, or your combined assets exceed $100,000. In these situations, the cost of an attorney is almost always less than the cost of making a mistake in your settlement agreement.

When Self-Filing Makes Sense

A DIY divorce can work well when both parties agree on all terms, there are no minor children, assets and debts are straightforward, neither party owns a business, and you are comfortable navigating court forms. Several states provide self-help centers at courthouses with staff who can help you complete the paperwork. The total cost for a DIY divorce is typically the filing fee plus $0-$500 for document preparation assistance.

The Unbundled Services Middle Ground

If you do not need full representation but want professional guidance, unbundled (or “limited scope”) legal services offer a middle path. You handle most of the process yourself but hire an attorney to review your agreement, advise on specific legal questions, or represent you at a single hearing. This typically costs $500-$2,000 and gives you professional protection on the issues that matter most while keeping overall expenses low. Our alimony calculator and child support calculator can help you prepare financial estimates before consulting with an attorney.