How Much Does a Divorce Cost in California

If you’ve been questioning, how much does a divorce cost in California and wanting to learn more about divorce details, then look no further. Read this helpful guide below.

A divorce is unfortunate and usually, the last resort measure taken by unhappy couples. It can be legally done in a simple and straightforward way or it may be a contentious and lengthy affair. Either way, there are costs involved, and they aren’t just financial.

Filing for a divorce can come with a great deal of emotional stress to go along with the financial stress. There can be property issues where there are strong personal feelings and memories at stake. And there can be much more at stake where children and custody issues are involved. Divorce affects entire families.

Divorces may be amicable and uncontested by either party. Or it may be contested by either party. Custody of children can complicate any trial. Alimony is a significant consideration for any divorce with the welfare of children and responsibility for their care a prime area of debate.

Attorneys who get involved may charge different rates and may charge a flat fee, an hourly rate, or a retainer fee. They may handle all the legal proceedings or just part of them.

There may be a need to call experts or professionals and there may be a need for mediation services, all of which can add expense to a divorce.

So the total cost of a divorce is hard to estimate. Surveys put the average divorce in California in the $17,000 -18,000 range (probably considering mostly contested divorces). This includes about $13,000 -14,000 in attorney fees. These numbers are higher than the national average because attorney rates in California are higher as are the typical expenses associated with fees and other legal requirements.

Some attorneys (in other states) charge much less, $1,000-$1,500, for uncontested divorces with no disagreements or issues. Beginning charges for uncontested divorces in California start in the $3,500-$5,000 range.

The discussion that follows will include the key elements in divorces that have a financial impact.

Collaborative Divorce

Expenses are lower if the divorce is an amicable one that is uncontested. It is often called a collaborative divorce. There still are fees for attorneys, court filings, copying and sharing documents, etc. But it is far less costly than a contested divorce.

As noted above, lawyers may charge a minimum of $1,000, on average, for an uncontested divorce. Both parties agree that the divorce is necessary and custody of children is agreed upon. If there are also no disputes over the division of assets, it is possible to file for an uncontested divorce without hiring an attorney. But if any of these issues exist, a divorce attorney would be suggested to aid in navigating the court process.

Some states have a mandatory waiting period before a divorce is final. In California, it is six months. After this period, an uncontested divorce becomes final because there is no need for mediation or further attorney involvement.

Contested Divorce

If either party contests a divorce, it is because they disagree on the principle of divorce itself, or on child custody, or on the division of assets. Some parties just don’t want the divorce to take place at all. That means the other party must seek legal intervention.

The cost of a contested divorce depends largely on the amount of disagreement and level of conflict in the divorce. How many issues need to be settled? How many properties and what value is involved? How many children need consideration and to what extent? Are experts needed for testimony? Can the attorneys for each side come to an agreement on behalf of their clients? Or will a trial be needed?

Arguing points in front of a judge will be costly, with attorney fees going up as long as the disputes continue and until they are settled. A family law judge assigned to a contested divorce will require couples to do everything possible to reach a settlement before needing a trial. Involving the court is costly not only to the couple seeking the divorce but also to the city and state in which the divorce takes place.

Attorney Fees: Hourly Rate vs. Retainer

Family law attorneys across the nation charge anywhere from $150 to $650 on average per hour. In California, the average hourly rate charged by divorce attorneys is about $330 per hour.

Almost all divorce attorneys will bill you on an hourly basis. So, that rate, plus the rate of other staff members, like paralegals, are factored into the total time spent on your case and will determine the attorney’s fees you will be charged.

You should know the attorney’s hourly rates before you agree to a flat fee or retainer. The retainer, which keeps the attorney available and working on your case, might or might not, include most of the filing fees, court fees, correspondence by phone or mail, and personal time interviewing or appearing at any court proceedings or hearings.

If the attorney does all the work, it is called full representation, and if not, it is called partial representation. You can ask your lawyer to manage only some aspects of your divorce case in a limited scope. The attorney may handle just the division of property, or child custody issues or alimony, or may just prepare legal documents or provide advice.

Filing Fees

Fees for divorces vary by state. In Wyoming, the fee is $70. In Connecticut, it’s $350. In California, the filing fee for a divorce petition is $435, and for a spouse filing a response to that petition, it is also $435. There may be additional fees depending on your county.

Filing fees are typically included in the attorney’s retainer fee, which covers his or her time to file the paperwork and time to set up the temporary order hearing which is the framework and timeline for how and when issues will be discussed.

Child Custody Issues

The most expensive divorce in California involves children and such issues as child custody and support. Child custody cases can drive up the cost of the divorce from $17,000 -18,000 to $26,000 -27,000.

It would be great if a couple could agree to a custody schedule but that is not always the case. The court may require a child custody evaluation which is done by a trained psychologist who interviews all parties including the children. If the evaluator works for the county, the cost can be $1,000-$2,500. If the evaluator is a private one, the cost can go as high as $10,000 or more.

Another expensive outcome of divorce is alimony or spousal support. This can be a very contentious subject and expensive to process, with the need to value assets, expenses, debts, insurance, etc. This can take a long time and add a lot to the couple’s legal fees.

With so much at stake, both financially and emotionally, other than a straightforward, collaborative divorce with no children involved, it is wise to seek a family attorney.