How much does a divorce cost, and what if I can't afford one?

The cost of a divorce is driven by how much the two of you disagree, not by which professional you hire. The same attorney can charge a modest flat fee for an uncontested case or tens of thousands for a fought-out one. That is why "how much does a divorce cost" has no single answer, and why the useful question is what you can do about the number.

Roughly what things run

Filing fees are set by state law and run roughly $160 to $450 depending on where you are. Note they are charged per filer, so the spouse who responds usually pays a similar fee. If you cannot afford them, courts have a fee waiver application, and you generally qualify one of three ways: you receive public benefits, your household income is under a set limit, or you cannot pay court fees and still meet basic needs. Two things to know before you treat the money as forgiven. The waiver can be revisited if your finances improve, and in some states, California among them, the court takes a lien on a settlement over $10,000 for the fees it waived. If you are ever ordered to pay the fees back, you can object, but you have to ask for a hearing in writing within 30 days of being served with that order, and the order is not enforced while the hearing is pending. It is still worth applying.

Doing it yourself using your court's forms and self-help center is mostly just those fees.

Mediation privately runs a few thousand dollars in total, usually split between you. Before paying that, check whether your court runs its own program: some states set the fee by statute far below private rates and waive it for low-income parties, and some offer a free first session. The figures are state-specific, so ask your court rather than budgeting from a number you read anywhere. Court programs usually cover only custody and visitation, and often only one session, so they are a starting point rather than a whole path.

Attorney-led has the widest range of anything here. The best available reader survey puts the median at around $7,000 per spouse and the average near $11,000, with more than 40% paying $5,000 or less. What moves the number is not whether you disagree but whether you go to trial: contested cases that settle average about $10,600 per spouse, while cases reaching trial on two or more issues average over $23,000. Treat those as rough, and treat them as a floor: the survey is self-selected rather than a census, and it was fielded in 2019, so budget above every figure in it.

The four ways to get divorced covers what each path involves and when each one fits.

What a retainer actually is

This is the single most misunderstood item on the bill.

A retainer is usually a deposit, not a price. The attorney bills against it hourly, it sits in a trust account until it is earned, and unused money has to come back to you. A "non-refundable" label on it does not change that.

Flat fees are the exception, and divorce work is often quoted as one. In some states a flat fee you pay up front can go straight into the firm's own operating account, where it is no longer set aside for you and you would be one more creditor if the firm closed. You have the right to ask that it be held in trust until it is earned instead. Ask for that at signing, in writing, because nobody will offer it later. It is not what your divorce will cost; it is what you put up front before work begins. If it runs out and the case continues, you will be asked to replenish it.

Ask three things before signing: what the hourly rate is, what happens to unused funds, and what billing increment they use. Six-minute increments are standard and it is worth knowing.

If you genuinely cannot afford it

There is a ladder here, and most people do not know how many rungs it has.

Fee waivers for court costs, based on income.

Legal aid organizations in your area, which handle family law for people under income thresholds. Demand exceeds capacity, so apply early.

Law school clinics, where supervised students take cases at no cost to low-income clients. Two caveats: intake follows the academic calendar and fills fast, so many clinics are closed to new clients for most of the year, and plenty of them do not handle divorce at all, or handle it only for domestic violence survivors. Worth a call, not worth waiting on.

Court self-help centers, which are free and do not means-test, and are consistently the most underused resource in this whole process. They serve people without a lawyer, for cases in that court, and they cannot give legal advice, but they can tell you which form, which deadline, and how to file. Know that they are neutral, though. They are required to help both sides, so the same center will help your spouse with the same case, and nothing you tell them is confidential the way it would be with your own lawyer. Use them for forms and procedure, not for anything you would mind your spouse hearing. Not every court has one: some states fund them in every courthouse, others offer a website and a hotline instead. Check your court's site before making the trip.

Limited-scope representation, where an attorney handles one defined piece, such as reviewing an agreement or preparing one motion, rather than the whole case. You pay for the piece.

Bar association referral services, many of which offer a low-cost or free initial consultation.

The two things worth paying for even when money is tight

And if the money runs out partway through, that has its own answers and several of them work best early.

One consultation before you agree to anything. An hour, once, before terms harden. It is the cheapest insurance in this process and it is what preparing properly for that meeting is about.

A review of anything before you sign it. Particularly if your spouse's attorney drafted it, because that document was written to protect your spouse. That is their job, and it is exactly why the review exists.

If your spouse controls the money

If they have the income or the accounts and you do not, that does not mean they get a lawyer and you do not. Courts can order the better-resourced spouse to pay some or all of the other's legal fees, and can order support while the case is pending. Ask about it early rather than assuming you have no options, because these usually have to be requested.

If access to money is being used to control you rather than simply being unequal, that is a different situation and the safety resources page has people who deal with it.


Costs, fee waivers, and whether a court will order one spouse to pay the other's legal fees all vary by state and by county. Your court's self-help center can tell you the local numbers for free, and they are used to being asked.