How Much Does a Divorce Cost by State? (2026)

By StatesDivorceGuide Editorial Team ·

The average divorce in the United States costs around $7,000 when attorneys are involved. But that number is about as useful as saying the average house costs $350,000 — it tells you nothing about YOUR situation.

A DIY uncontested divorce can be done for under $500. A contested divorce with custody disputes can top $100,000. Where you land on that spectrum depends on three things: your state's filing fee, whether you use attorneys, and how much you and your spouse disagree.

Let me break down every cost you might face, with real numbers by state.

The Filing Fee (Your Only Mandatory Cost)

Every divorce starts with a court filing fee. This is what you pay to officially open your case, and it varies dramatically by state:

Cheapest States to File

Most Expensive States to File

Note that some counties within a state charge different amounts, so these are ranges. Your spouse may also need to pay a response or appearance fee ($50-$200), though some states waive this for uncontested cases.

Can't afford the filing fee? Every state allows fee waivers for low-income filers. Ask the court clerk for an "in forma pauperis" application.

Attorney Costs (The Big Variable)

Attorney fees are where divorce costs go from manageable to devastating. Hourly rates for divorce attorneys vary by location and experience:

The total bill depends on how many hours your case requires. Here's what that typically looks like:

Type of Divorce Attorney Hours Estimated Cost
Uncontested (agreement review only) 1-3 hours $200-$1,000
Uncontested (full representation) 5-10 hours $1,000-$3,000
Mildly contested (some negotiation) 15-30 hours $3,000-$10,000
Highly contested (trial) 50-100+ hours $15,000-$50,000+
Custody battle with experts 100+ hours $25,000-$100,000+

Those numbers are per side. If both spouses have lawyers, double it. A $30,000 contested divorce means $60,000 walked out of your combined marital assets and into two law firms.

Average Total Divorce Costs by State

These averages include filing fees and attorney costs for a moderately contested case. Uncontested cases cost much less:

Remember, these are averages that include contested cases. An uncontested divorce in any of these states can be done for under $1,500.

Mediation Costs

Mediation is the middle ground between DIY and full litigation. A trained mediator helps you and your spouse reach agreement on disputed issues. Costs:

Compare that to two attorneys battling in court at $400+/hour each. Mediation is almost always the better financial decision, and studies show mediated agreements tend to be followed more consistently than court-ordered ones — probably because both parties had a say in the outcome.

Many states now require mediation before trial. Even if yours doesn't, strongly consider it. The cost difference between mediated settlement and courtroom trial is staggering.

Other Costs You Might Not Expect

Process server or sheriff service: $25-$100 to serve papers on your spouse. Avoidable if your spouse signs a waiver of service.

Parenting class: Many states require a parenting education class for divorcing couples with minor children. Usually $25-$75 per person and can be done online.

Real estate appraisal: $300-$600 if you need to establish the value of your home for division purposes. Can be avoided if you agree on the value.

Business valuation: $3,000-$10,000+ if one spouse owns a business that needs to be valued. This is where contested divorces get really expensive — each side hires their own expert, and those experts don't agree.

QDRO (Qualified Domestic Relations Order): $500-$1,500 to divide retirement accounts. This specialized legal document is required by retirement plan administrators and most attorneys charge extra for it.

Guardian ad litem / custody evaluator: $1,500-$5,000+ if the court appoints someone to investigate custody and make recommendations. Usually only in contested custody cases.

Copies, filing, and administrative fees: $50-$200 in miscellaneous costs that add up over the course of a case.

How to Keep Divorce Costs Down

Agree on as much as possible before involving lawyers. Every issue you and your spouse can resolve between yourselves is an issue your lawyers don't bill for. Have the hard conversations early, even if they're uncomfortable.

Consider filing without an attorney for uncontested cases. If you agree on everything, our guide on divorcing without a lawyer walks you through the process. Online divorce services handle the paperwork for $150-$300.

Use mediation before litigation. One mediator at $200/hour is cheaper than two attorneys at $300/hour each. Mediation resolves disputes in days, not months.

Choose flat-fee attorneys when possible. Some divorce attorneys offer flat fees for uncontested cases ($1,500-$3,500 all-in). This gives you cost certainty and avoids the anxiety of a ticking hourly meter.

Stay off email and phone with your lawyer unnecessarily. Every 6-minute phone call is billable. Save your questions and ask them in batches. Don't call to vent — that's what therapists are for, and they're cheaper per hour.

Don't fight over small stuff. If you and your spouse are paying two lawyers $300/hour each to argue over a $500 couch, you've already lost more than the couch is worth. Pick your battles.

Fee Waivers: When You Can't Afford to File

If your income is low enough, you can petition the court to waive filing fees entirely. Every state offers this option. The application (usually called "in forma pauperis" or "IFP petition") requires you to disclose your income, expenses, and assets.

Qualification thresholds vary, but generally if you're at or below 150% of the federal poverty level ($22,590 for a single person in 2026), you'll qualify. Some states are more generous.

Legal aid organizations in your area may also provide free or low-cost representation for low-income individuals. The Legal Services Corporation (LSC) has a directory of legal aid providers across the country.

The True Cost of a Contested Divorce

Beyond the dollars, contested divorces cost you time (months to years of your life focused on legal proceedings), emotional energy (depositions, hearings, and waiting are draining), and relationships (adversarial proceedings make co-parenting harder).

As we covered in our contested vs. uncontested divorce comparison, roughly 95% of divorce cases settle before trial. But the ones that go to trial are disproportionately expensive. If you're heading toward trial, ask yourself: is the thing you're fighting over worth more than what you're paying to fight for it?

For more on the timeline differences, read our guide on how long divorce takes.

Bottom Line

An uncontested divorce costs $300-$1,500 in most states. A contested divorce costs $10,000-$50,000+. The American Bar Association's Family Law Section offers resources for finding affordable legal help. The filing fee is the only cost you can't avoid — everything else depends on your choices.

The single biggest thing you can do to control costs: agree with your spouse on as many terms as possible before filing. Every issue you resolve outside of court is money that stays in your pocket.

For your state's specific filing fees, attorney rate ranges, and process details, check your state's divorce guide.