The cost of a divorce in California may vary based on different factors. Some of these factors include whether there are children or property divide, whether or not you and your spouse agree to the divorce (uncontested) or fight it (contested), or how cooperative you and your spouse are when coming to agreements regarding property, child custody and support, or spousal support. According to findlaw.com, a the cost of divorce without children can start at $17,500. The cost of a divorce with children can start at over $35,000.
Did you notice the words “can start at”? These prices are averages and can, and likely will, be different based on your case and your attorney’s hourly rate.
What Does An Uncontested Divorce Cost In California?
An uncontested divorce in California generally means that you and your spouse agree to a divorce and to all of the related issues. It is the more amicable solution to terminating your marriage. The uncontested divorce is probably the most cost effective route. Most of your time and effort may go towards reaching an agreement with your spouse. If you can reach an agreement, then you need to file the appropriate forms with the court and pay the court filing fee.
You may want to involve a mediator or lawyer to assist you with some of the issues if you and your spouse are unable to reach an agreement on your own. This does not mean you cannot use the uncontested divorce process at all. It just means that you and your spouse need a little help reaching a marital settlement agreement.
What Does A Contested Divorce Cost In California?
If you and your spouse cannot come to an agreement on the divorce issues, then you may need to proceed with a contested divorce. This process can cost you a lot in time and money. It can also become stressful and contentious.
The average cost of a contested divorce in California can begin at over $17,000 and last for years. You will likely have hourly divorce attorney fees and costs, court fees, other fees for professionals such as accountants or experts, and other fees if you go to trial.
The cost of a contested divorce can be over $25,000 in some cases.
What Are Other Costs In A Divorce?
One of the first costs you will pay when filing for a divorce in California is the court’s initial case filing fee. This filing fee is about $435 for the Petition and $435 for the response. If you cannot afford the filing fee, you may request a fee waiver from the court, which if granted, would waive all of the court filing fees in your case. Please understand, the fee waiver only applies to the court’s fees. It does not waive other fees and costs such as service of process, expert and professional involvement (if necessary), or your attorney fees if you have one.
You may incur additional fees for personal service of your Petition or Response, postage for service by mail, court filing fees for Requests for Orders if you are asking for court orders.
Do I Need A Lawyer To File For A Divorce?
If you cannot afford an attorney, you may still be able to get help through non-profit law firms, law school clinics or other legal aid services. You know what works for you. There are many services out there that can help you file your divorce forms. You can also access many of these services online, and many for as little as $100 (not including fees and costs).
If you choose to use a legal document preparation service, remember these self-help services, not lawyers. You are not getting the benefit of an attorney’s counsel and experience. Legal document preparation professionals are not usually lawyers and therefore, are not allowed to offer advice, opinions, or representation. They are not allowed to answer questions about your forms or tell you if something is incorrect.
This is why it is best to get an attorney to help you with this process. Most lawyers charge hourly and for all expenses related to your case. How much an attorney charges will depend on their experience in the field, the complexity of your case, trials, hearings, etc.
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