Going through a divorce can be tough, but if you and your spouse agree on the major issues, an uncontested divorce might be the best option. One of the biggest concerns most people have is the uncontested divorce cost. Knowing how much it costs before you start the process can help you feel more prepared and less stressed.
In this blog, we’ll break down the different costs involved in an uncontested divorce, including court fees, attorney fees, and any extra expenses. If you're in New York or New Jersey, this information will give you a good idea of what to expect as you move forward.
What is an Uncontested Divorce?
An uncontested divorce happens when both spouses agree on the major aspects of the separation. This includes:
Dividing up property and debts
Deciding on child custody and visitation rights
Agreeing on child support and alimony
Because there’s no fighting over these issues, uncontested divorces tend to be faster and less expensive than contested ones. But the total uncontested divorce cost can still depend on a few things.
How Much Does an Uncontested Divorce Cost?
One of the first questions people ask when thinking about an uncontested divorce is: How much does an uncontested divorce cost? The total cost can vary depending on where you live, whether or not you hire a lawyer, and if you need any extra services like mediation or document preparation. Let’s take a closer look at the different costs you might face and what they mean for you.
1. Court Filing Fees
The first expense you’ll likely encounter is the court filing fee. This is a necessary cost that goes toward processing your divorce paperwork and making everything official. Here’s what you can expect:
In New York: Court filing fees for an uncontested divorce are around $335.
In New Jersey: The cost is usually about $300.
These fees are mandatory, and while they might seem straightforward, they’re an essential part of your overall uncontested divorce cost. You’ll need to pay them when you file your divorce paperwork with the court.
Do I need to pay this fee upfront? Yes, the filing fee is typically paid upfront when you submit your divorce paperwork to the court. Without paying the filing fee, your divorce case won’t be processed.
2. Attorney Fees
Even though an uncontested divorce is simpler because both parties agree on the main issues, many people still hire an attorney. A lawyer can ensure that your paperwork is filled out correctly and that you meet all legal requirements. This is especially important if you have children, shared property, or other complicating factors.
Attorney fees for uncontested divorces can range from $1,500 to $5,000. The cost depends on how complicated your situation is and the lawyer’s experience. Some attorneys may charge more if you have a lot of assets or if your case involves children, even if it’s uncontested.
Some attorneys offer flat-fee packages for uncontested divorces. This means you’ll know the total cost upfront, which can be helpful for budgeting. Flat fees usually range from $1,500 to $3,000, depending on the lawyer and what’s included in the package.
Do I need a lawyer for an uncontested divorce? Technically, no. You don’t have to hire a lawyer, especially if your case is very straightforward. However, having legal guidance can save you time and ensure you don’t run into any complications that might delay the process.
3. Mediation Costs
If you and your spouse are struggling to agree on certain details but don’t want to take the fight to court, mediation can be a great option. A mediator is a neutral third party who helps both of you work through disagreements and reach a compromise.
Mediation fees usually range from $100 to $500 per hour. The total cost depends on how many sessions you need. Most couples can resolve their issues in just a few sessions, so mediation can still be much more affordable than going to court.
How does mediation help with the uncontested divorce cost? While mediation adds to your expenses, it’s often cheaper than dragging out disagreements in court. Plus, it helps keep things amicable, which is especially important if children are involved.
4. Other Costs to Consider
Besides filing fees, attorney fees, and mediation, there are a few other costs that might pop up along the way. Here are some additional expenses to keep in mind:
Document preparation services: If you don’t hire a lawyer, you might use a service to help you with the paperwork. These services typically charge between $150 and $500, depending on how complex your case is.
Notary fees: Some documents in your divorce will need to be notarized. Notary fees are usually small, ranging from $5 to $10 per page. These fees can add up if you have a lot of paperwork.
Process service fees: If your spouse needs to be formally served with divorce papers, you may need to pay for a process server. These fees generally range from $50 to $100, depending on where you live.
What if my spouse won’t accept the divorce papers? If your spouse refuses to accept the papers, you may have to pay extra for a process server or other legal steps to make sure they receive the papers. While this is rare in an uncontested divorce, it’s something to be prepared for.
5. Potential Savings in an Uncontested Divorce
While there are several costs associated with an uncontested divorce, it’s important to remember that this type of divorce is usually much more affordable than a contested one. Here’s why:
Fewer court appearances: In a contested divorce, you might have to go to court multiple times, which increases both the time and cost. An uncontested divorce often requires only one court appearance or none at all.
No drawn-out legal battles: Since both parties agree on major issues, you won’t be paying lawyers for hours of negotiations or courtroom arguments.
More control over the process: With an uncontested divorce, you and your spouse control the timeline, which can help keep costs down.
Can I reduce costs further? Yes, there are ways to keep costs down even more:
Try handling the paperwork yourself if your case is simple.
Use a flat-fee attorney if you need legal help but want predictable costs.
Stay organized and proactive to avoid delays that might increase costs.
The total uncontested divorce cost can vary, but knowing what to expect can help you budget and avoid surprises. Whether you’re paying for court filing fees, an attorney, mediation, or other services, planning ahead can make the process smoother.
What Affects the Cost of an Uncontested Divorce?
Several factors can influence the overall uncontested divorce cost, and it’s helpful to understand what these are before starting the process. Here’s a closer look at the key elements that can impact how much you end up paying:
1. Where You Live
The location where you file for divorce plays a big role in how much it will cost. Divorce fees can vary not only from state to state but even from county to county. For example, New York and New Jersey have different court filing fees and attorney rates. This means that even though both states may offer uncontested divorces, the costs might be different based on local court requirements or legal practices.
New York: Filing fees in New York are typically around $335, but attorney fees can range widely based on the lawyer’s experience and the complexity of your case.
New Jersey: Filing fees are generally around $300, but other factors, like mediation costs or lawyer fees, may differ.
If you’re curious about the specific costs for your area, it's always a good idea to check your local court’s website or consult a family law attorney.
2. How Complicated Your Case Is
Even though uncontested divorces are generally simpler, some cases can still be more complicated than others. For instance, if you and your spouse have a lot of assets, such as real estate, retirement accounts, or businesses, you may need extra help dividing everything fairly.
Other factors that can complicate an uncontested divorce include:
Child custody and support agreements: While you may agree on custody and support, you might still want a lawyer to review the agreement to ensure it’s in your child’s best interest and legally sound.
Alimony: If one spouse is seeking alimony, you’ll need to work out the details of how much will be paid and for how long. This can add extra layers of negotiation, which might require more legal support.
A more complex case can lead to higher uncontested divorce costs because you may need additional time with attorneys, mediators, or financial advisors.
3. Whether You Hire a Lawyer
One of the biggest choices that will affect the cost is whether you decide to hire an attorney. Some people choose to handle an uncontested divorce on their own, especially if the divorce is straightforward and they feel comfortable with the paperwork.
However, hiring a lawyer can be a smart choice if you want to make sure everything is done correctly and legally. Lawyers can help with:
Filing paperwork: Attorneys ensure that all forms are correctly filled out and submitted on time, helping you avoid delays or extra court fees.
Negotiating terms: Even in an uncontested divorce, there may be minor disagreements. A lawyer can help resolve these without going to court.
Avoiding costly mistakes: DIY divorces can save money upfront, but if paperwork is done incorrectly, it can lead to more expenses later. A lawyer can help prevent these errors.
While hiring an attorney adds to the uncontested divorce cost, it can save you from unexpected problems down the road.
4. Additional Services and Costs
Sometimes, additional services might be necessary, even in an uncontested divorce. These services can include:
Mediation: If you and your spouse need help agreeing on certain issues, mediation can be a helpful and cost-effective option. Mediation fees typically range from $100 to $500 per hour.
Document preparation services: If you decide not to hire a lawyer but still want help with paperwork, you can use document preparation services. These services usually cost between $150 and $500, depending on the complexity of your case.
Notary and process server fees: Some documents will need to be notarized, and divorce papers often need to be formally served to your spouse. These services generally cost between $5 to $100, depending on where you live.
Why Choose an Uncontested Divorce?
While the uncontested divorce cost is generally lower, the financial aspect isn’t the only reason to consider this option. There are several other benefits that make uncontested divorces appealing:
1. It’s Faster
One of the biggest advantages of an uncontested divorce is that it’s usually quicker than a contested one. Since both parties agree on the major issues, there’s no need for lengthy court battles or drawn-out negotiations. The divorce can move through the legal system much faster, meaning you can finalize things and move on with your life sooner.
How long does it take? The timeline can vary, but an uncontested divorce typically takes a few months, whereas a contested divorce could take over a year.
2. It’s Less Stressful
Divorce is often an emotional process, but an uncontested divorce tends to be less stressful. Since both spouses are on the same page, the process is usually smoother and involves fewer heated arguments or stressful court appearances.
How does it reduce stress? By keeping disagreements to a minimum and avoiding court, both parties can focus on moving forward instead of fighting over every detail.
3. You Have More Control
In a contested divorce, a judge makes decisions about important aspects like property division, child custody, and support. But in an uncontested divorce, you and your spouse make these decisions together. This gives you both more control over the outcome, and it’s often easier to create solutions that work for everyone.
Why is control important? When both spouses have a say in the divorce terms, it often leads to more satisfaction with the final agreement. This can also reduce the chances of future legal disputes.
By understanding what affects the uncontested divorce cost and why it might be the right option, you can feel more confident about the process. If you have any questions or need help with your uncontested divorce, Krasner Law is here to guide you every step of the way.
Preparing for Your Uncontested Divorce
The uncontested divorce cost is something everyone should consider before filing. By knowing what to expect, from court fees to attorney charges, you can make the process smoother and avoid surprises. And while every situation is different, understanding the financial side of an uncontested divorce can help ease some of the stress.
If you’re considering an uncontested divorce, Krasner Law can help guide you through it. We help clients navigate the divorce process with care and professionalism. Contact us today or visit our divorce services page to learn more and get started.