How Much Does It Cost to Get a Divorce If Both Parties Agree? Uncontested Divorce

If both spouses agree on all the terms of the divorce—such as property division, custody, and support—an uncontested divorce is the most affordable and streamlined option. This guide explains the costs, steps, and factors to consider when filing for an uncontested divorce, helping you understand the process and minimize financial strain.

What Is an Uncontested Divorce?

An uncontested divorce is a legal dissolution of marriage where both spouses agree on all major issues, avoiding the need for a trial. This is the quickest and least expensive way to end a marriage.

Eligibility for Uncontested Divorce:

• Both spouses must agree on all terms (property division, child custody, support, etc.).
  
• No major disputes are left for the court to resolve.
  
• Both parties meet state-specific residency and legal requirements.

Cost Breakdown of an Uncontested Divorce

1. Court Filing Fees

Filing fees can vary widely depending on the state and county, typically ranging from $100 to $400. For example:

• Idaho: $207
  
• California: $435
  
• New York: $335

2. Attorney Fees

• Flat Fees: Many attorneys offer flat-fee packages for uncontested divorces, typically ranging from $500 to $2,500 depending on the state and the complexity of the case.
  
  • Alabama: $995–$1,500
    
  • California: $1,200–$2,500
    
• Hourly Rates: Rarely used for uncontested cases but may apply in complex situations with significant assets or child custody disputes. Rates range from $150 to $350 per hour.

3. Online Divorce Services

For straightforward cases, online platforms can help prepare documents and file electronically. Costs typically range from $150 to $800 depending on the service.

4. Additional Costs

• Mediation Fees: If mediation is required for minor disputes, it can cost between $100 and $1,500 per session.
  
• Document Preparation Services: Assistance with preparing necessary divorce documents can cost between $100 and $500.
  
• Notary and Process Server Fees: Additional costs for notarizing documents or serving divorce papers can add up to $200 or more.

Why Uncontested Divorces Are Cheaper

1. No Litigation: Uncontested divorces avoid lengthy court hearings, depositions, and discovery, which are common in contested cases.
   
2. Faster Timelines: An uncontested divorce can be finalized in 30–60 days, whereas contested divorces can take 6–18 months.
   
3. Reduced Attorney Hours: Lawyers spend significantly less time on uncontested cases—typically 2 to 5 hours on paperwork, compared to 50+ hours in trials.

Hidden Costs to Watch Out For

Even if the divorce is uncontested, be mindful of potential hidden costs:

• Property Appraisal Fees: If there’s disagreement on the value of property or business assets, appraisals can cost $300 to $500.
  
• QDRO Preparation: If splitting retirement accounts (e.g., 401(k)s or pensions), a QDRO can cost $500 to $2,000.
  
• Post-Divorce Adjustments: If settlement agreements are vague, legal modifications may cost $100–$300 per hour.

Pro Tip: Make sure to address retirement accounts and debt liability explicitly in your settlement to avoid future legal costs.

Strategies to Lower Divorce Costs

1. Use Mediation: Mediation typically costs $100–$300 per hour, a fraction of the cost of a contested divorce (which can exceed $5,000).
   
2. Limited-Scope Representation: Hire an attorney for specific tasks, like document review, for $150–$250 instead of paying for full representation.
   
3. Request Fee Waivers: Low-income filers may qualify for waived court fees through an Affidavit of Substantial Hardship.
   
4. Negotiate Attorney Flat Fees: Some firms may offer price-matching or discounts on online services.
   
5. File During Off-Peak Seasons: Divorce filings can process faster in January to March, after the holiday lull.

Factors That Influence Divorce Costs

The overall cost of an uncontested divorce can vary based on several factors:

• State and County Variations: Filing fees and attorney fees differ from one location to another.
  
• Complexity of Assets: The more assets and debts there are to divide, the higher the legal fees can be.
  
• Child Custody and Support: Even in uncontested divorces, determining custody and support can add additional costs.
  
• Legal Representation: While some people choose to go through the process without an attorney, hiring legal assistance, even in uncontested cases, can increase costs.

Average Cost Estimates for Uncontested Divorces

On average, the total cost of an uncontested divorce ranges from $500 to $3,500, depending on the complexity and location. Here are some state-specific examples:

• Idaho: Filing fees are $207, with additional costs for services like mediation or document preparation.
  
• California: The average cost for an uncontested divorce is approximately $14,000 (including attorney fees and court costs).

Pros and Cons of Uncontested Divorce

Advantages:

• Lower Costs: Reduced legal fees and court expenses.
  
• Faster Resolution: Much quicker processing compared to contested divorces.
  
• Less Emotional Strain: The cooperative nature of the process can help preserve relationships.

Disadvantages:

• Limited Legal Guidance: There may be a lack of professional advice during the process.
  
• Risk of Oversights: If important legal rights or obligations are overlooked, it can lead to complications later.

Common Mistakes to Avoid

1. Not Fully Understanding Legal Rights: Ensure all terms are fair and legally sound.
   
2. Failing to Disclose All Assets: Complete transparency is essential.
   
3. Overlooking Tax Implications: Understand the tax consequences of asset division and support payments.
   
4. Skipping Legal Consultation: Even in uncontested cases, consulting an attorney can help prevent future issues.

Alternatives to Uncontested Divorce

If an uncontested divorce isn’t possible, consider these alternatives:

• Contested Divorce: This process can be lengthy and expensive, often involving litigation.
  
• Mediation: A neutral third party helps resolve disputes, typically at a lower cost than litigation.
  
• Collaborative Divorce: All parties agree to resolve issues outside of court, with each spouse hiring their own attorney.

Steps to Take Before Filing

1. Financial Preparation: Organize financial documents and understand assets and liabilities.
   
2. Legal Consultation: Seek advice to ensure all aspects of the divorce are considered.
   
3. Emotional Readiness: Assess whether you are mentally and emotionally ready for the process.

Conclusion

An uncontested divorce is the most affordable and efficient way to end a marriage when both parties are in agreement. By understanding the costs, avoiding common mistakes, and following the right steps, you can navigate this process smoothly and without excessive financial burden. Always ensure that your divorce agreement is airtight, either through professional legal consultation or a reputable online service, to avoid costly disputes down the road.