Costs of Divorce California
When deciding whether to get a divorce, cost may be a factor. Here’s what you need to know about the divorce cost in California.
A divorce in California may be more costly than a divorce in other states. California’s average divorce cost is $17,500 for couples with no kids. If the divorce involves children, the average cost is closer to $26,500. The divorce filing fee in California is $435, but this number can vary depending on the divorce.
The Variables Impact the Divorce Cost the Most
The divorce type can have the most impact on divorce cost. A divorce can be contested or uncontested, meaning both spouses agree on critical factors and lawyers do not need to argue in court. The factors include but are not limited to:
- Alimony
- Assets and debts being split
- Child custody
Completing a divorce when children are involved can make the process more complicated. Child support and child custody battles tend to increase the price of a divorce because issues may be highly contested among both parties. Prolonging the process of divorce increases the amount of time lawyers need to spend on a case, which can cause divorce costs to skyrocket. When topics such as children are debated, paperwork and additional legal help may be necessitated, which can increase the overall cost.
When financial disputes arise, a waiting period for both spouses and their lawyer’s to bargain with one another may take place. The amount of time the bargaining process takes can be drastic. However, in California, the community property rule states a divorce must have an equal distribution of debts and assets. A couple and their lawyers must agree on what is fair. Coming to an arrangement may prolong the divorce by months, causing the cost to increase.
Related: Child Support FAQs in California
Which Divorce Method to Choose Considering Cost
Mediation and litigation are the most common divorce methods used by spouses and their lawyers. Litigation is the more expensive option due to each party hiring an attorney. However, the emotional turmoil experienced by both partners may decrease in litigation. Mediation is when a professional, either mental health or attorney, attempts to mediate the situation in order to execute a clean divorce. Mediation does require cooperation on both sides and does welcome the potential of emotional burdens emerging.
A DIY (do it yourself) divorce is the cheapest option because parties only need to pay a court filing fee. If both spouses reach a consensus on how to proceed with the divorce and remain civil, this is the best option cost-wise. A lawyer is not required and will reduce the cost drastically. If one is concerned about mathematical and legal language, spouses can work together on an online divorce.
Related: Divorce FAQs in California
FAQs about How Much a Divorce Costs in California
What is the cheapest way to get a divorce in California?
The cheapest way to obtain a divorce in California is to have an uncontested divorce. This process may only include the state filing fee as online services are readily available for uncontested cheap divorces.
Who pays for the divorce in California?
Both spouses may each have to pay for their portion of the divorce. Even if one spouse wants the divorce and the other does not, both parties are responsible for hiring and paying for their own lawyers.
What is the average cost of a divorce attorney in California?
$330 is the average amount per hour a divorce lawyer will charge for their services. The fee is an hourly rate and does not include the attorneys’ fees, expenses, court filing fees, and consulting fees.
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