Last Updated on April 2024
The cost of divorce in New York can greatly vary from case to case. It depends on many factors, including whether the marriage dissolution is contested or uncontested. Most often, if parties can agree on the divorce terms on their own, their expenses for the procedure will be significantly lower. Numerous disputes regarding child custody, support, or spousal maintenance can make the process several times more expensive.
In this article, we will analyze what factors influence pricing and what the average cost of NY divorce is, taking into account different case-specific circumstances. In addition, we will discuss possible actions if you do not have the financial ability to file for divorce and the approximate hourly rate of a family lawyer in the state.
Average Cost of New York Divorce
According to Self.Inc, the average cost of divorce in New York ranges between $13,835 and $18,853, depending on the presence of children in family and the complexity of the case. Having children or disputes during divorce increases the time and work involved as well as the associated costs.
How Much Is a Divorce in NYC Cost?
The cost of an uncontested divorce in the state can range from $500 to $1,000, while the expenses for a contested one can be between $5,000 and $25,000. According to USA Today, you are most likely to pay much less for a divorce without children; its average cost can be about $17,100. Cases involving minors are much more expensive, reaching $25,600 or even more.
When filing for divorce, you may need to pay for lawyer’s consultations, mandatory court fees, involvement of a mediator, a notary, an appraiser, etc. The main deciding factor in how much your marriage dissolution will cost is whether you and your spouse have disputes over the divorce terms.
Uncontested Divorce Cost
If you do not have child-related or property division disputes, the total cost to file a divorce can range from $350 to $5,000.
Your expenses for an uncontested case can be minimal and equal to the mandatory filing fee of $335. It consists of $210 for assigning an index number and $125 for the Note of Issue fee. You may need to pay $35 to file a settlement agreement and $45 for every additional motion you submit to the clerk’s office. You should also make copies of the papers and have them notarized, which usually requires additional payment.
An uncontested divorce is a preferred option when you need to terminate your marriage quickly and at a low price. You and your spouse may reach an agreement on critical divorce matters without going to court if you agree on sensible terms. In such a case, the cost of divorce in NY will rarely exceed $1,000-$3,000, with filing fees, notarization, and expenses to settle an agreement included.
Uncontested divorce implies that you can use the services of our online divorce platform and pay only $139 for a set of divorce documents that you can submit to the court on your own, paying filing fees.
As a result, you can finalize your uncontested case sooner and without spending too much money on a lawyer’s help with documents.
Contested Divorce Cost
In case a full-agreement divorce is not your option and you cannot resolve disputes without a trial, expect to spend from $5,000 to $25,000 or more on your case.
Your expenses on marriage dissolution can be significantly higher, depending on how complicated and conflicting it is. If minor children are involved, divorce costs can increase by $3,000-$5,000. Given that you cannot reach a consensus, a contested divorce will most likely require the involvement of a family attorney.
You should consider that an hour with a lawyer will cost you around $300-$400. Consequently, the longer your marriage termination drags out, the more you are to waste in the aftermath. Mind other expenses, such as filing and serving your spouse, hiring a financial advisor, etc.
One of the survival tips for divorcees who cannot finalize their marriage amicably is cooperating with the mediator. With between $100 and $250 per session, you can reach a compromise under the mediator’s guidance with less spending than when fighting for every divorce point in court.
| Services | Cost |
| Court fees for a day in court | $120 |
| Hour with a lawyer | $350 |
| Filing and serving spouse | Varies |
| Hiring a financial advisor | Varies |
| Cooperation with a mediator (per session) | $100-$250 |
How Much Does a Divorce Lawyer Cost in NY?
Most family lawyers charge on an hourly basis; in New York, their rates revolve around $350 per hour. Your expenses for an attorney may vary depending on their location, experience, and the complexity of your case and range from $350 to $5,000-$10,000. The more issues you need to resolve with the help of a lawyer, the more expensive your divorce will be.
In most contested cases, you may need at least a general consultation from a divorce lawyer. Even with the minimum amount of legal help and filing fees in mind, your procedure may require at least $1,000 unless there are other connected issues to deal with. In complex cases, though, expenses on attorney are very high. This means that divorce attorney cost is a solid determiner of your overall marriage termination price.
What Affects the Cost of Divorce?
When you start your marriage in New York and try to determine the divorce price, it’s critical to take the case conditions into account. Their list may include but is not limited to property division, alimony, and child-related issues. Mind the subsequent factors when preparing for a divorce and planning your budget.
1. Property Division Issues
If you can handle property division yourself, expect to significantly reduce the cost of divorce. However, if you cannot settle the assets-related disputes on your own, extra spending will be involved. You may need to cooperate with a personal accountant to organize your finances and properties, a professional evaluator to determine the exact value of your assets, a financial advisor to make the best beneficial decisions, etc. Plus, disagreements on property division will prolong your case, which will only increase the total cost.
New York State regulates the issues with the equitable distribution rule. So, expect the judge to consider all the details of your marital and financial situations to come to a fair decision. Yet, you should understand that even the most justified conclusion may not meet your needs and expectations regarding assets division. Therefore, the best choice is to deal with your assets and debts by collaborating and reaching a mutually advantageous agreement with your spouse.
2. Having Minor Children
Having minor children may increase the divorce expenses as well. The perfect scenario is for you and your spouse to prioritize the wellness of your kids and create a working parental plan. With modern technologies and possibilities, you may only need to pay for a digital tool on your smartphone that will do all the calculations, expense tracking, communications, and scheduling in the best comfort for you and your family. Also, you may contact professional custody experts who will help you decide on the divorce-related matters. You should agree with your spouse on the best strategy to exploit, and your kids will get the best they deserve.
On the contrary, if you cannot agree on managing custody and visitation, you should be ready to spend more money hiring relevant professionals and settling disputes. Besides, the emotionally tense procedure will probably burden your kids with extra arguments and negatively affect their mental well-being.
3. Dispute Over Alimony
Another point that may increase your divorce expenses is a dispute over spousal support. If the other party has a higher income, you have a right to appeal for financial support so that you can recover after your marriage is dissolved. Access the NY State Unified Court System to define whether you are eligible to request spousal maintenance. Consider that only around 10% of appeals are approved, so your chances are quite modest.
If you realize that alimony disputes would cost you money and time, finding a solution or dropping the idea of alimony could be preferable. Otherwise, you can end up losing more money than spousal support will compensate you for.
What if I Cannot Afford a Divorce?
Getting a divorce is expensive, so you may need to consider the option of saving the budget in advance. You can ask the court to exempt you from filing fees, seek free legal assistance, or prepare forms using an online service. Which method will be suitable in your situation depends on your case-specific circumstances.
If you have an uncontested divorce and want to complete the paperwork quickly without the help of a lawyer, you can contact an online document preparation service. Using it, you can get ready-to-submit forms in a few business days without spending time searching for and filling them out yourself.
In case you cannot afford a lawyer but still need professional help, you can contact your local bar association for free assistance. You may also visit Law Help NY to retrieve some legal information.
If your financial situation is extremely difficult, and you cannot afford even mandatory filing fees, you can ask the court to exempt you from paying them. To confirm your low income and financial hardship, you need to prepare and submit a Poor Person Order along with an Affirmation in Support of Application to Proceed as a Poor Person to the clerk’s office.
Generally, the divorce process is a serious challenge for your family budget. If it is possible, try out cheaper options first. Begin with family counseling if you hope to fix things or choose separation when you need time and place apart from your partner. Only if nothing else works, go for divorce, preferably an amicable one. Yet, no matter how cheap you want to go with your marriage termination, it is better to hire professionals at least for primary assistance since the divorce outcomes will likely determine the quality of your life for a long time afterward.
Start by creating a free account on our website to see if you qualify for an online divorce in New York. Prepare all the paperwork needed for filing an uncontested divorce online without lawyers.
Rafael Hebert is an experienced writer specializing in such topics as infidelity in marriage and divorce. His works can be seen on popular blogs like Marriage.com and Divorce Magazine. Having background in relationship counseling, Rafael is dedicated to helping individuals with emotional issues surrounding infidelity and educating them on their divorce options. In his free time, Rafael enjoys watching documentaries and visiting film festivals in different states.
