By Kellie Pantekoek, Esq. | Legally reviewed by Bridget Molitor, J.D. | Last reviewed July 24, 2020
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Figuring out how much a divorce will cost in California, or any state for that matter, is nearly impossible to do without knowing details about your situation. Data suggests that the average cost of a divorce in California is around $17,500, but the true cost can be much higher or much lower depending on how many contested issues there are, how long it takes to reach a settlement, and what type of process is used.
For example, a divorce involving contested issues such as the division of property, child custody and support, and spousal support that requires litigation is going to be much more expensive than a divorce without any contested issues that is settled outside of court. Additionally, a divorce will often get more expensive if there are minor children involved, significant assets, or one spouse who is seeking spousal support.
Unfortunately, data shows that the average divorce in California costs more than in any other state. The average divorce without kids is $17,500 in California, and the average divorce with kids is $26,300.
Divorce filing fees in California are relatively low. What gets expensive is paying divorce attorneys and the court for their time if you and your spouse cannot reach a settlement on your own. Typically, the longer it takes to reach an agreement, the more you will pay.
A divorce is contested if there are issues that the spouses cannot agree on, such as property division, child custody, child support, or spousal support. An uncontested divorce means the spouses have agreed on everything themselves. They only need limited assistance from an attorney or mediator (or maybe none at all).
A contested divorce will always be more expensive than an uncontested divorce. Each issue that the spouses cannot agree on adds to the cost of a divorce. Issues that couples commonly don't agree on that can lead to expensive litigation include:
For these reasons, divorce cases without minor children, significant assets such as real estate, or businesses tend to get resolved quicker, and with less expense, than divorces involving the list above.
You are right to assume that divorce costs will increase if you hire a lawyer. However, sometimes paying for a lawyer's help is more cost-effective than leaving money on the table during your divorce or making a costly mistake.
Here are signs that you should seek an attorney's help:
Additionally, handling a divorce by yourself is no easy task. Many people find that they need an attorney's help with divorce issues such as:
While it is certainly possible to handle a divorce by yourself from start to finish, this is not recommended by most courts unless there is very little at stake. Divorce is a legal process with complex requirements and procedures. It will have a long-lasting effect on your life and so it's important to get it right.
Hiring a lawyer doesn't automatically mean your divorce will be contested or end up in court. You can find a lawyer who is dedicated to reaching an out-of-court settlement or who you can pay to help you with only certain issues, if that's your desire.
You have many options when going through a divorce, many of which affect the final cost. The table below explains a few of the different options you have during divorce that can cause you to either save money or spend money, as well as the pros and cons of both scenarios.
Of course, some of these scenarios require your spouse's agreement and participation, not all of them may be available in your situation.
Save Money |
Spend Money |
|
|---|---|---|
| Do-It-Yourself or Hire a Professional | Do-It-Yourself: You handle the entire divorce by yourself, from negotiating a settlement agreement to completing court forms and filing the forms with the court.
|
Hiring a Divorce Professional: From mediators to custody and financial evaluators to attorneys, there are many professionals available to help you with your divorce.
|
| Settlement or Litigation | Reaching an Out-of-Court Settlement: Out-of-court options, also known as alternative dispute resolution (ADR), can be used to settle any disputed issues in your case without having to get the court involved.
Note: Sometimes mediation is required by the court (especially in cases with children). |
Litigating in Court: Litigation refers to using the court system to resolve any divorce issues you cannot settle on your own. A judge makes the final decision, which is legally binding unless you file an appeal and another judge reverses the decision.
|
| Representing Yourself or Being Represented by a Lawyer | Pro-Se: Anyone can choose to represent themselves or appear "pro se" in a divorce proceeding. That means you appear in court without an attorney to represent you.
|
Legal Representation: Most people choose to have a lawyer represent them in a contested divorce.
|
| Hiring a Part-Time Lawyer or Hiring a Full-Time Lawyer | Limited-Scope Legal Representation: Many people don't realize that it's possible to hire a lawyer for only certain aspects of your divorce, such as negotiating a settlement, attending a hearing, or drafting divorce papers.
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Full-Scope Legal Representation: This is the traditional attorney-client relationship that most people choose during a divorce.
|
| Sticking to Legal Issues or Taking a Holistic Approach | Legal Process: Most people focus only on the legal and financial aspects of their divorce, instead of getting into more therapeutic processes.
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Holistic Approach: Collaborative Law is a divorce process that takes a more holistic approach by focusing on the well-being of the family. It often involves professionals such as financial, mental health, and child specialists.
|
In California, the filing fee for divorce is $435. This must be paid when the divorce is originally filed with the court, which starts the divorce process. Both parties will need to pay the filing fee if they both file pleadings with the court. In the case of uncontested divorce, usually only one filing fee is necessary.
If you are low-income, you may be able to qualify for a fee waiver.
Other legal fees that may come up in your divorce include:
In California, it is possible to have your divorce court fees waived if you cannot afford them by asking for what is called a "fee waiver." You may qualify for a fee waiver if:
Simply fill out the Request to Waive Court Fees and turn in a copy to the court clerk in your county.
Most California family law attorneys charge by the hour at an hourly rate of $300 or more, based on their experience. Usually, family law attorneys require new clients to put down a large retainer of several thousand dollars before they begin working on the case. Money is then drawn from the retainer monthly as the attorney bills for their work. Most California divorce lawyers accept credit cards, and some offer payment plans.
As an alternative to billing hourly, some attorneys take divorce cases for a flat fee. Others provide limited-scope representation, which means they charge a flat fee (sometimes an hourly fee) to help you with only certain aspects of your divorce. This is less expensive than hiring an attorney to help you with all aspects of your divorce.
Before choosing a lawyer, it's important to do your research. Find a lawyer who has experience handling any unique issues that are involved in your case, such as a business or a special needs child. You also want to make sure you like the approach the lawyer takes in divorce cases. For example, some lawyers are settlement-focused while others enjoy litigating.
One way to keep attorney fees in check is to avoid treating your lawyer like a therapist. Keep in mind that attorneys bill for the time, so the longer each phone call lasts, the more you will pay. You can also ask your lawyer if you can take on some of the legwork involved in the case — such as document preparation or making copies — to reduce costs.
If you are low income, it may be possible to find a lawyer who will represent you pro bono, or at no cost. The California judiciary has a website that helps people find free and low-cost attorneys.
Yes, you can file for divorce without a lawyer in California. In most situations, it is preferable to have a lawyer on your side, especially if there are any contested issues, but a lawyer is not required to obtain a divorce. Even if your case ends up going to trial, you can represent yourself "pro se," though this is not recommended. The California judiciary has a self-help website for people representing themselves in divorce or separation.
Keep in mind that you can ask a lawyer to help you with certain aspects of your divorce. This is called limited-scope representation. For example, you could pay a lawyer a flat fee to review your divorce agreement or attend a hearing with you.
Typically, a divorce in California takes eight to 20 months from start to finish, though some take much less or much more time. The average length of time to complete a divorce in California is 15 months, from the day the divorce is filed to the day the divorce is granted. Divorce cases take a few months longer, on average, if there are children involved.
How long your divorce will take depends on a variety of factors, including:
If you and your spouse can agree on all issues, also known as an uncontested divorce, then the process can move quickly. However, California has a mandatory waiting period of six months. That means that even if you agree on everything and turn your paperwork into the court and the judge approves your divorce in a short time, six months have to pass from the day you started the case before the divorce can become official.
On the other hand, some divorce cases can end up taking years (and costing tens of thousands of dollars) if issues are highly-contested and a long court battle ensues. The saga can continue if one spouse decides to appeal a judge's decision.
If you are ready to move forward with a divorce, it's a good idea to at least meet with a lawyer to walk through the process and discuss potential issues that could arise in your case. A California divorce lawyer in your area can help you explore all of your options and discuss ways to save money while protecting your interests.
Contact a qualified attorney.
Get tailored divorce advice and ask a lawyer questions. Many attorneys offer free consultations.
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