How much does a divorce cost? Calculator by state

The fees the court charges

Filing the petition is the one cost every divorce shares. Alabama, Alaska, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, New York, North Carolina, North Dakota, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Utah, Vermont, Virginia, West Virginia, Wisconsin and Wyoming set the fee by statute for every county; elsewhere each county, or each county clerk, sets its own, and the calculator uses the fee of the most populous county with its name. A response or answer fee is charged in several states when the other spouse appears, and motions to change temporary orders carry their own fees. Certified copies of the decree, a parenting class and a mediation program run by the court may add small amounts.

Fee waivers

Every state has a procedure to waive or defer court fees for people who cannot afford them, usually for those receiving public benefits or with income below a percentage of the federal poverty guideline. The state pages name the form and link it. A waiver usually covers the filing fee and the service of papers by the sheriff, not private attorneys or mediators.

Uncontested or contested

The single largest variable is agreement. Spouses who agree on property, debts, support and parenting can use their state's simplified or summary procedure where it exists, or a joint petition, and finish with one short hearing or none. Spouses who do not agree pay for every step the court requires to decide for them: discovery of finances, temporary orders, depositions, expert valuations of a business or a pension, custody evaluations and, at the end, a trial. Mediation is a middle path that many courts require before a custody hearing. For the self-represented route and what it costs, see the uncontested divorce cost guide.

How long it takes

Many states impose a waiting period between filing or service and the final decree: Alabama (30 days), Arizona (60 days), California (182 days), Colorado (91 days), Florida (20 days) and Georgia (31 days) and others, while Alaska, Delaware, District of Columbia, Hawaii and Illinois set none. Most also require one spouse to have lived in the state, and sometimes in the county, for a period before filing. Time adds cost only when lawyers are working, so a long waiting period in an uncontested case does not raise the bill.

Costs that are not fees

Attorney fees are the largest item in most divorces and the one the law does not set: each lawyer has a rate and bills hours. Ask for the hourly rate, the retainer, and an estimate of hours for your type of case, then enter them in the calculator. Many lawyers offer flat fees for uncontested divorces. Splitting a retirement plan can require a qualified domestic relations order, often prepared by a specialist for a fixed price. Tax advice on selling the home or dividing accounts is another separate cost.