Summary: The average divorce in the United States costs about $12,900 per person, with a median of $7,500, according to Forbes Advisor. An uncontested divorce typically runs $1,500 to $5,000 per spouse including filing fees and attorney time. A contested divorce that settles before trial averages about $10,600, and cases that go to trial average $20,400 or more per person. Court filing fees alone run $200 to $500 depending on the state and county.
What drives the cost of a divorce
The single biggest cost driver is conflict. An uncontested divorce, where both spouses agree on property division, support, and custody, needs only document preparation and a brief court appearance. A contested divorce burns attorney hours on discovery, depositions, motions, mediation sessions, and trial preparation. Every disputed issue adds hours, and every hour is billed.
Attorneys typically charge $150 to $500 per hour, with experienced family law attorneys in major metros at the top of that range. Most require an upfront retainer of $2,000 to $5,000, a deposit held in a trust account and drawn down as work is performed. Most attorneys bill in six-minute increments, so a five-minute phone call costs one-tenth of the hourly rate. Those small charges accumulate faster than most people expect.
Children and property multiply the work. Custody disputes can require evaluations costing $2,500 to $5,000 or more. Business interests, stock options, retirement accounts, and real estate may need appraisers and financial experts. Cases with high-conflict custody or complex assets routinely exceed $30,000 per side, and some pass $50,000.
The practical rule: the more you and your spouse can agree on before involving attorneys, the less you will pay. Mediation, collaborative divorce, and limited-scope representation (hiring an attorney for document review only) are the main levers for keeping costs down.
Worked example
Uncontested: a couple with no children and one house agrees on everything. Filing fee $350, attorney flat fee $1,500 for document preparation and filing. Total per spouse: under $2,000.
Contested, settled before trial: disputes over custody and one retirement account. Filing fee $350, attorney rate $300/hour, 65 hours of work ($19,500), one mediation round $2,500, custody evaluation $3,000. Total per spouse: roughly $20,000 to $28,000.
Contested, goes to trial: high-conflict custody plus a business valuation. Filing fee $350, attorney rate $350/hour, 160 hours ($56,000), two experts ($8,000), trial days and preparation baked into the hours. Total per spouse: $50,000 or more. These are the cases that skew the national average upward.
Divorce filing fees by state, 2026
Typical first-petition filing fees. Counties set their own fees within state rules, so confirm with your county clerk. <a href="divorcecost.csv" download>Download this table as CSV</a>.
| State | Typical filing fee | Notes |
|---|---|---|
| California | $435 | Per spouse; among the highest in the US |
| New York | $335 | Statewide index number fee |
| Florida | $408 | May vary slightly by county |
| Texas | $250-$300 | Varies by county |
| Illinois | ~$350 | Varies by county and case type |
| Ohio | ~$350 | Varies by county |
| Pennsylvania | $185-$215 | Varies by county |
| Georgia | $75-$250 | Varies by county |
| Arizona | ~$294 | Maricopa County schedule |
| Washington | $290-$314 | Varies by county |
Divorce cost guides
- Average Divorce Cost by State in 2026: what divorce costs in your state, and why it varies
- Contested vs Uncontested Divorce Cost: Where the Money Goes: the real difference between agreeing and fighting
- 7 Tactics to Keep Divorce Costs Down: practical ways to spend less without getting burned
- Who Pays for a Divorce? Fee Shifting Explained: when one spouse pays the other's attorney fees
- Divorce Mediation Cost vs Litigation: The Full Comparison: the mediator path compared, dollar for dollar
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Frequently asked questions
How much does a divorce cost on average?
About $12,900 per person on average, with a median of $7,500, per Forbes Advisor. Uncontested divorces run $1,500 to $5,000 per spouse; contested cases that go to trial average $20,400 or more.
What is the cheapest way to get divorced?
An uncontested divorce where you agree on all terms is cheapest, often $1,500 to $5,000 per spouse with an attorney, or just filing fees of $200 to $500 if you handle paperwork yourself.
How much does a divorce lawyer cost per hour?
Typically $150 to $500 per hour depending on experience and location, with most requiring an upfront retainer of $2,000 to $5,000.
Does having kids make divorce more expensive?
Yes. Custody disputes add attorney hours and can require custody evaluations costing $2,500 to $5,000 or more, plus child support calculations.
Data current as of October 2026. Sources: Forbes Advisor national divorce cost survey; American Academy of Matrimonial Lawyers; state court fee schedules. This tool gives planning estimates only and is not legal advice. Verify current fees with your county clerk and consult a licensed family law attorney.