How Much Does a Divorce Cost?
A recent visitor to this site found it by searching “how much does a divorce cost?” This person probably meant “how much will the legal fees be?” Legal fees will vary with how complex the case is and what the parties can settle by agreement. This applies to all divorces, whether in Virginia or elsewhere.
If the parties were only together for a few months, had no children, and did not buy much together, the legal fees can be under a thousand dollars. If the parties have children, lots of property and one seeks spousal support, attorney’s fees can easily run into tens of thousands of dollars. Even if the case is complex, however, legal fees can be quite reasonable if the parties can agree on every issue.
Contested or Uncontested
Lawyers classify divorces as “contested” or “uncontested.”
- An uncontested divorce is one where the parties have agreed on what to do about all of the issues that the court would have to decide. These include who the children will live with and how often they will see the other parent. They also include what support will be paid, what happens to the marital home, and how retirement savings will be split. If there is agreement on all of these points, the cost of writing a separation agreement is not that high.
Once the parties have a written agreement, the court process is a formality that can be completed without going to the courthouse. The court requires a filing fee of between $90 and $100 depending on where the case is filed. The lawyer will need to prepare a final decree for the judge to sign plus an affidavit and some standard forms.
- In a contested divorce, some or all of the key questions must be decided by the judge because the parties cannot agree on them. One question that often is fought out in the courtroom is spousal support. The stakes for the parties are high and the outcome is uncertain because there is no formula for the amount of spousal support that is ordered in the final decree of divorce. Child custody is also a frequently litigated issue.
When it comes to dividing the property, the issue usually goes to trial because the parties disagree whether the asset is marital property at all or differ as to what it is worth. These questions can get quite complicated and require expert testimony which can be very costly. When marital and separate property are mingled together, untangling them can get very expensive.
There is another cost to a divorce and that is the loss of wealth each spouse experiences when the property is divided and they stop sharing their combined income. Unless they are wealthy, spouses will not be able to enjoy the same lifestyle they had when together. Sometimes if one spouse was a spendthrift, their partner may improve their economic situation because they no longer pay the irresponsible spouse’s bills. More often, however, both parties will have to trim their spending because there isn’t enough money to spread around.
