There is no typical divorce cost in California, as you will quickly learn if you try to estimate one. But, how much does a divorce cost in California?
In California, divorces typically cost $17,500, compared to a $15,000 national average. You might only have to pay a $435 filing fee or get involved in a court case that costs tens of thousands or even hundreds of thousands of dollars.
Before beginning divorce proceedings, this article will help you understand what to anticipate.
Table of Contents
Factors That Impact Divorce Cost
Now that you are aware that divorce costs differ from case to case, where will you and your divorce end up?
Although it’s impossible to predict how much money you’ll spend on your particular California divorce, knowing how costs are determined can greatly improve your estimation skills.
Contested Or Uncontested?
The cost of your divorce case is most likely most significantly influenced by whether it is contested or not.
In essence, whether you and your spouse need the assistance of a California court to resolve each family law issue, such as child custody, child support, spousal support, and the division of marital property (assets accumulated between the time you got married and the date of your legal separation), determines whether your divorce is contested or uncontested.
Most likely, when you consider divorce, a contested divorce comes to mind. In this model, you and your spouse each have a family law attorney, and there are no restrictions on how much you can spend on them.
Unfortunately, there are times when hiring a good lawyer is a necessary expense despite how expensive they can be. Hell hath no fury like a divorcing spouse, so if your ex becomes combative, you’ll need a combative divorce attorney.
On the other hand, you are said to have had an uncontested divorce if you and your spouse are able to come to an agreement without the help of the court.
It should come as no surprise that an uncontested divorce is completed much quicker and with lower expenses. One justification for this is that you might be qualified for a summary dissolution if your divorce is uncontested.
As the name suggests, this is a streamlined divorce procedure. You must both agree to forego spousal support and have been married for less than five years in order to qualify. Other requirements include having few debts and assets, agreeing to forego spousal support, not having children (and thus avoiding custody issues), and not having children.
Instead of filing a traditional divorce petition followed by a response, if you choose this option, you and your spouse will file a joint petition.
For an uncontested divorce, neither party typically retains legal counsel. Divorcing couples will occasionally pay a divorce lawyer for just an hour or two to get some basic legal advice before handling the majority of the work themselves or through an online platform.
Kids Or No Kids?
The existence can significantly affect how much you can expect to spend on your California divorce, regardless of whether you’re getting ready to fight for custody of your children in a contentious manner.
First of all, as was mentioned previously, the mere fact that you have children may preclude a quick divorce, regardless of whether you and your spouse have an agreement regarding child support and custody.
This most likely means that it will take longer before you receive a divorce decree after filing for divorce. Unexpected problems can arise during the additional time spent waiting for a divorce judgment, so you will undoubtedly have to fill out more divorce paperwork.
Child custody disputes and child support obligations, however, are what really matter more than whether you qualify for a summary divorce.
You are much more likely to end up in court if you have kids. After all, compared to, say, spousal support, people tend to feel much more emotionally charged—and consequently aggressive—about child support and custody.
Your children cannot be replaced, while money comes and goes.
Even if you’re not considering a litigated divorce, the additional time spent working out a custody plan with a mediator, for example, can eventually drive up costs.
What Divorce Method You Choose
Litigation
The most well-known way for spouses to dissolve their marriage is through divorce litigation. Here, spouses go on trial, and the judge decides their case. Even though this is the kind of divorce that most people envision when considering ending their marriage, the majority of separations are resolved without a court hearing.
One of the priciest ways to end a marriage is through divorce litigation. Trials are scheduled according to the court’s schedule and take a lot of time for both divorce lawyers and spouses. They involve events that are also highly emotional.
Litigation should only be used in situations where one or both spouses cannot cooperate and reach an amicable agreement. Typically, a litigated divorce results in neither spouse being happy.
Collaborative Divorce
Spouses may opt for collaborative divorce rather than going to court. Collaborative divorce is less expensive than litigation but pricier than mediation. However, whereas mediation does not, collaborative divorce does provide the assistance of many professionals.
In a collaborative divorce, spouses meet with their lawyers, divorce coaches, and other experts who are pertinent to their case, such as accountants, child specialists, or real estate agents. The experts’ job is to assist in resolving all divorce-related issues, such as child custody and visitation arrangements as well as debt and asset division.
Collaborative divorce is not a cheap process. From $25,000 to $50,000 is possible. This is comparable, on the high end, to litigation. Any agreement the spouses reach will, however, be one they both can live with.
Mediation
Spouses may choose to mediate their divorce. Lawyers or mental health specialists can serve as mediators. The price is typically between $100 and $250 per hour if the mediator is a mental health specialist. To expect to pay between $250 and $950 if the mediator is an attorney
The mediator encourages couples to craft their own separation agreement and works to reduce hostility. The number of sessions required, the venue, and the mediator’s style all affect the price of the mediation. Typically, mediation costs between $1500 and $10,000.
DIY Divorce
DIY divorce is your most affordable divorce option. This divorce procedure comes in two varieties. The first type of divorce is a real do-it-yourself divorce, in which you only pay the filing costs and complete the paperwork yourself.
If you and your spouse have only recently wed and one of you or both is proficient in basic math and legal jargon, this might be a good option for you.
We emphasize this final point a lot. Even though saving money can be very alluring, at this stressful time you might not want to find yourself at the court clerk’s mercy.
Forms get kicked for all kinds of reasons, from mathematical errors to misspellings
There is another low-cost option for your uncontested divorce, so hold off on hiring an attorney.
Online Divorce
An online divorce with Divorce.com might be the best choice for you if you and your spouse can agree on the basics but would prefer to leave the paperwork in the hands of family law professionals.
Here, you’ll pay a flat rate, so you’ll be aware up front of the full cost of your legal services.
No need for a lawyer!
What Issues Could Increase Divorce Cost?
The number of issues you need to resolve and how far apart you are from agreement determine how much your divorce will cost in addition to the method you choose. The time and/or costs related to each of the common problems are listed below.
Children
Making decisions involving your children naturally requires careful thought and deliberation. You’ll need to develop a parenting agreement, also called a “custody and visitation agreement.” Your time-sharing schedule and decision-making process are outlined here, along with when and how the kids will spend time with each parent.
Regardless of whether you hire a mediator or an attorney, making these crucial decisions will take more time, which raises the divorce’s overall cost. If there is a temporary living arrangement, you should also consider any travel expenses. Additionally, you might need to allocate money for therapy if your child or children are experiencing emotional distress as a result of the separation.
Spousal Support
A monthly sum that one spouse pays to the other is known as spousal support (also known as alimony). Its purpose is to financially support one spouse during or after the separation or divorce. There are three ways this could increase the cost of the divorce:
- The negotiation process will take longer if you or your spouse contests the need for spousal support. Additionally, a discovery procedure to verify financial information might be necessary if you go to court.
- If you choose to maintain two households while divorcing, you may need to pay spousal support before the divorce is finalized and make accommodations for the two households.
- Before finding a full-time job to support themselves, a spouse who hasn’t been working might need career coaching or education.
You might also want to plan a budget for counseling to support you and/or your spouse during this trying time. Alternatively, you might consider hiring a divorce coach who can offer you uplifting advice for your new life.
Property
You may need to make a decision regarding how to divide your joint property. If this is a contentious issue, the time spent in negotiations may increase the overall cost of your divorce. Even if you already have a deal, selling your house will increase your expenses due to things like property appraisals and improvements, closing costs, fees, and taxes, as well as moving costs.
Business
Owning a business, whether jointly or separately, raises the divorce’s level of complexity. A business valuator and accountant must be hired in order to determine the value of your company and its potential for profit. Additionally, it may take some time to resolve disputes over whether to sell the business or how to run it after the divorce.
ASSETS & DEBTS
If you and your partner don’t agree on how to manage investments, retirement funds, pensions, inheritance, and other assets, you may want to hire a professional financial planner. Additionally, debts like student loans, personal loans, or car payments may need to be taken into account. How to stretch your money to support two new households can be suggested by a financial planner. As a result, negotiations won’t drag on because everyone is more assured.
Taxes
Your tax obligations will be impacted by all of the aforementioned issues. It makes sense to work with a qualified tax professional so you can make decisions that will reduce your tax liability. The expense is very worthwhile. Similar to the financial planner, bringing in an expert early on can aid in a swift resolution.
Actually, there isn’t an average divorce cost in California. However, hopefully this has given you a clearer idea of what to anticipate. The price is entirely dependent on your willingness to make concessions and the number of issues you bring to the table. You have the ability to change that. Please get in touch with me for a consultation if you’re interested in learning more about our amicable divorce solution.
Divorce in California
Martindale-Nolo Research reports that the average cost of legal fees for a divorce is around $17,500 for a divorcing spouse with no children and around $26,000 for a divorcing spouse with kids. In California, divorce proceedings typically last 8 to 20 months, with an average of 15 months passing between the filing of divorce papers and the official divorce decree. A divorce without children may take a year or so. It might take 18 months or longer with children.
In comparison to the rest of the nation, California divorces typically cost about 37% more. Costs are typically higher in California than most other states as a result of the high cost of living and extremely high taxes in the state. The majority of divorce attorneys in California charge an average of $330 per hour for legal representation. The high cost of divorce in California is due in part to costs such as legal fees, expenses, filing fees, and consulting fees.
So, How Much Does a Divorce Cost in California?
For everyone involved, divorce is almost always an expensive process. The goal of any divorce agreement is to ensure an equitable distribution of a married couple’s shared property and assets and prevent exploitation. Every divorcing spouse will require legal representation, and some will need to plan for sizable financial losses.