Who Pays for a No Fault Divorce? Clear Breakdown for US and UK Couples

In a no-fault divorce, the spouse who files (the applicant or petitioner) usually pays the court filing fee, which ranges from $200–$450 in the U.S. and £593 in the U.K. However, legal costs like attorney or solicitor fees are typically paid individually by each spouse—unless the court orders cost-sharing due to income disparities, misconduct, or fairness concerns. Ultimately, who pays depends on the legal system, the financial circumstances of each party, and whether the divorce is contested or amicable.

Understanding No-Fault Divorce Costs: U.S. & U.K. Comparison

What Is No-Fault Divorce?

In both the U.S. and the U.K., no-fault divorce allows couples to end their marriage without proving misconduct. In the U.S., it’s often based on “irreconcilable differences,” while in the U.K. (since April 2022), it simply means neither party needs to assign blame.

But “no-fault” doesn’t mean “no-cost.” The financial side of divorce—legal fees, court charges, and negotiation—remains significant.

Court Filing Fees: Who Pays First?

🇺🇸 United States

• The filing spouse usually pays the court fee, which varies by state.
  
• Example fees:
  
  • California: $435
    
  • Texas: $300
    
• If the couple is low-income, courts may grant fee waivers.

Related article: Does It Matter Who Files for Divorce First in the US?

🇬🇧 England & Wales

• The applicant (sole or joint) must pay a £593 mandatory fee.
  
• Joint applicants often split this cost 50/50.
  
• Fee remission is available for those on benefits or low income.
  

Important: These fees are non-negotiable unless you qualify for a waiver.

Legal Representation, Who Covers Attorney/Solicitor Fees?

General Rule (Both Countries)

Each party usually pays for their own legal representation, including:

• Attorney or solicitor fees
  
• Mediation
  
• Document prep
  
• Expert witnesses (custody, financial evaluations, etc.)

Exceptions Where One Spouse Pays More

Courts may order one party to contribute if:

• There’s a significant income disparity
  
• One party acts in bad faith (e.g., hides assets, delays proceedings)
  
• The other cannot afford representation (e.g., stay-at-home parent)

“Courts often award attorney fees when one spouse would be otherwise unable to afford fair representation.” — Michelle Gervaise, U.S. Family Law Attorney

“Unreasonable delays or failure to disclose assets can lead to cost penalties.” — U.K. Solicitors Journal

Total Cost Breakdown

Divorce Type	🇺🇸 U.S. Cost	🇬🇧 U.K. Cost
DIY/Online Services	$300–$1,000	£199–£300
Uncontested w/ Attorney	$1,500–$5,000	£500–£1,000 (fixed fee)
Contested/High-Conflict	$5,000–$25,000+	£3,000–£11,000+
Mediation	$100–$500/hour	£1,000–£5,000 total
Financial Expert/Custody	$2,000–$10,000+	£300–£1,500+ (orders/drafting)

Hidden Costs and Risks

U.S.:

• Custody evaluations can cost thousands.
  
• Financial appraisals for businesses or real estate add to the bill.

U.K.:

• Financial remedy/consent orders: Up to £1,500 but essential to prevent future claims.
  
• Process serving: £40–£100.
  
• Pension splitting: Requires separate legal orders.

Cost-Saving Strategies

Tip	Benefit
Use joint applications (U.K.)	Saves up to 25% in solicitor fees
DIY or online services (U.S./U.K.)	Best for uncontested divorces
Opt for mediation over litigation	Saves 60%+ over court disputes
Unbundled legal services	Pay only for help where needed
Apply for court fee waivers	If income qualifies
Plan a legal budget upfront	Prevents financial surprises

When Does One Spouse Pay for Everything?

A judge may order one spouse to pay most or all costs if:

• The marriage had a large financial imbalance
  
• One spouse behaved deceptively or abusively
  
• Temporary support is required (pendente lite, U.S. term)
  

2022 Case Example: A stay-at-home mother in New York was awarded $15,000 in legal fees after her high-earning husband filed for divorce.

Negotiating Costs: What’s Possible?

In the U.S.:

• Parties may agree: “You cover court fees, I’ll waive spousal support.”
  
• Judges review for fairness, especially in child custody cases.

In the U.K.:

• Applicants may request reimbursement in financial settlements—but courts rarely enforce it unless misconduct occurred.
  
• Pre-agreed financial settlements (during the 20-week “reflection period”) help avoid costly court battles.

High-Conflict Divorces: Why Costs Escalate

Even in no-fault systems, disputes over:

• Children
  
• Hidden assets
  
• International custody/jurisdiction

…can multiply costs 3x and prolong resolution by 12–18 months.

Example: A U.K. case involving hidden offshore accounts required forensic accountants (£150/hour) and pushed legal bills over £20,000.

Real-Life Voices

“My ex filed first, so he paid the filing fee. But since I earned much less, the judge ordered him to cover $6,000 of my legal fees. Without that, I wouldn’t have been able to fight for shared custody.” — Sarah M., Phoenix, AZ

“We filed jointly and used one solicitor. It cost us under £1,000 including the consent order. It was civil—and cheaper.” — Tom and Harriet, Bristol, UK

Final Takeaways: Who Pays in a No-Fault Divorce?

• Court filing fees: Paid by the applicant or split in joint filings.
  
• Legal fees: Usually paid individually—but can shift based on fairness or income.
  
• Negotiation & mediation: Great cost reducers.
  
• No-fault divorce removes blame, not expense.

If you’re considering a no-fault divorce, consult with a licensed family law attorney (U.S.) or solicitor (U.K.) early. They can help you:

• Estimate your true cost
  
• Apply for fee waivers or aid
  
• Negotiate fair cost-sharing
  
• Secure financial protections post-divorce

Proactive planning helps you protect your rights—and your wallet.