While the decision to end a marriage involves a lot of emotional input, more than half of marriages in the United States culminate in separation.
The legal aspect of a divorce will begin when one spouse – known as the petitioner – serves a petition to the other. This petition is then filed with the court, essentially meaning the petitioner is requesting the court to legally dissolve the marriage.
A filing must include certain elements and details about the marriage, including any property the spouses share, children they may have, and more.
There are also several legal aspects the petition must contain, including:
- Proof to the court that it has jurisdiction over at least one of the spouses in the marriage;
- Grounds (a legal reason) that you are filing for divorce;
- Other information that the courts require, which depends specifically on jurisdiction.
Once filed, the spouse served with the petition – the respondent – must reply, either agreeing to the dissolution and explaining the reasons or not. Regardless of the response, both parties must disclose all assets, income, and expenses. If both sides agree on the terms, the court issues a judgment, and the marriage is officially terminated.
However, in many cases, parties may disagree on several aspects of the legal separation, such as the reasons for ending the relationship, how assets will be divided, who will have custody of any children, and more.
If disagreements arise, the court may attempt to schedule mediation or negotiation sessions to help reach a compromise. If this does not work, the matter will go to trial, where a judge decides the terms. Once the court issues a final judgment, the legal separation is finalized.
Divorce Costs Without a Lawyer
Ending a marriage can be a complicated process depending on assets, children, and the level of cooperation between the parties.
In the case of an uncontested separation, where both individuals agree on the terms, the cost can be minimal. In such cases, the expenses may only cover filing fees, serving the petition, and the cost of the documents themselves, which can range from $70 to $1,000 depending on the state.
However, it’s rare for couples to agree on all aspects, which can increase costs. When there are disputes, more paperwork, mediation, and possibly even a court appearance are required.
Divorce Costs with a Lawyer
The cost of hiring an attorney to represent you during a legal separation depends on many factors, including:
- Your attorney’s fee structure, as family law attorneys may charge either by the hour or require a retainer fee;
- The complexity of the case (which depends on assets, children, alimony, etc.);
- The jurisdiction where the case is being filed;
- Whether mediation services are involved;
- Whether the case is likely to proceed to trial.
Some attorneys that will help you file for divorce will charge a flat fee, meaning that your lawyer will tell you a cost for their services upfront that will not change regardless of the amount of time that is spent on your case.
Lawyer Cost by the hour
In instances where a lawyer charges by the hour, prices for family law attorneys usually range between $150 to $250 per hour for divorce proceedings, but can get to upwards of $650 per hour if your case is complicated and contested.
Average divorce cost
As a whole, in 2019, the average cost of ending a marriage in the United States was around $15,000 per person, which includes things like attorney’s fees, filing charges, court costs, and hiring outside experts.
These costs are heavily dependent on the duration of the legal process, which begins with the filing and service of the petition and ends with the court entering judgment.
Time to Finalize Divorce
Depending on how much the parties involved disagree and whether a trial is involved, the entire proceeding can take anywhere from four months to more than a year.
Average cost for an uncontested divorce
The average cost for a lawyer in an uncontested divorce is around $1,000. This, however, can be higher in larger cities. If a divorce goes all the way to trial, couples can spend upwards of $20,000 each.
Legal Separation Costs
Legal separation differs from dissolution in several ways. While it divides assets, establishes custody agreements, and legally separates the couple, it does not end the marriage. Couples still retain some benefits of marriage, like social security and pension rights. The costs associated with a legal separation are similar to those for an uncontested separation.
Many couples seeking legal separation may be on the same page regarding terms, making the process less costly.
It’s often a good idea to consult an attorney or another professional specializing in family law to help determine whether legal separation or finalizing the end of the marriage is best for both parties.
Mediation and Negotiation Costs
Mediation may be part of the legal process or a voluntary option for both parties to avoid hiring an attorney and relying on the courts for resolution. Mediation involves the couple meeting with a neutral third party to discuss the issues and work towards an agreement.
Once an agreement is reached, the mediator will file the terms with the court, making the legal separation official.
Costs for mediation vary depending on factors such as the mediator’s experience, the location, and the services provided. On average, mediated legal separations range from $7,000 to $10,000. Despite the initial cost, mediation is generally cheaper than a trial-based process.
Average cost for mediation
The average cost of a mediated separation ranges from between $7,000 to $10,000, depending on these factors. Before balking at this price, however, remember that it’s almost always cheaper to go through mediation and negotiation, rather than a full-fledged divorce trial.
Other Potential Costs
Other costs can arise during the legal process. regardless of whether or not you have hired an attorney to represent you. For example, in cases where there are children involved, and a question of custody is raised, courts can sometimes require that a psychologist or child custody evaluator come in and assess what is best for the children. This often comes at a cost to the couple.
Going through assets can also increase the cost of ending a marriage. As previously stated, courts usually require that both parties list their income, assets, liabilities, and more in the legal proceedings. This can be a complicated process, especially when a couple has multiple estates, a variety of different assets, etc. Oftentimes, real estate appraisers or tax advisors need to be hired, which adds additional costs for both parties.
While the process of ending a marriage can be an incredibly difficult emotional journey, it doesn’t have to ruin you financially. By conducting proper research, shopping around for attorneys, and being open to compromise, the financial impact doesn’t have to break your bank. Hopefully, with this knowledge in hand, while your marriage may be over, your life does not have to be, and you can move forward when the courts legally finalize the end of your union.
