How much does it really cost to get divorced in California?

January 26, 2023

This is a photo of adults arguing over money.

Divorce is a difficult and emotional process, but unfortunately it is also a costly one. If you are considering divorce in California, it is important to understand the potential costs you may face. This blog post will provide an overview of the financial costs associated with getting a divorce in California, so that you can make the best decision for you and your family. We will discuss the average cost of divorce in California, as well as the various factors that can increase or decrease the total cost.

The average cost of a divorce in California

The cost of a divorce in California can range widely depending on your individual circumstances. If you are able to resolve your issues out of court, you may be able to do so for a relatively low cost. For example, filing fees are typically under $500, while the total cost of an uncontested divorce can be anywhere from $4,000 to $6,000.

On the other hand, if you and your spouse cannot agree on the terms of your divorce or if you must litigate the case in court due to the conduct of the other spouse, the costs can quickly become significantly higher. Depending on the complexity of the case and the length of time it takes to resolve the issues, legal fees can range from tens of thousands to several hundreds of thousands. In addition, the court may require both parties to pay for their own costs and attorneys' fees, so it is important to keep this in mind when considering how much your divorce will cost. Furthermore, even after the divorce is finalized, there could be ongoing expenses related to things such as division of retirement accounts and spousal support payments. 

Ultimately, the best way to determine the exact cost of a divorce in California is to consult with an experienced attorney who understands the state's laws and procedures. An attorney can help guide you through the process and provide advice on how to save money during each step of the process. Additionally, make sure that you know all of your rights throughout the entire process. Knowing your rights could save you money and stress during a trying time.

How to keep your costs down

The cost of a divorce in California can vary significantly depending on how complex your case is and how much time your lawyer spends on your case. To keep costs down, here are some tips:

1. Negotiate: It’s usually less expensive to negotiate an agreement with your spouse than to go through a contested court hearing. The longer it takes for you and your spouse to reach a settlement, the more legal fees you will incur. If you can agree on most issues, then you may be able to save yourself thousands of dollars.

2. Use Alternatives to Court: Many couples use mediation or Collaborative Practice to help them negotiate an agreement without going to court. These alternatives are generally less expensive than litigating your divorce. It is not uncommon at Ashley A. Andrews, APC for one party to be represented by Ashley Andrews and the other party is self-representing; this is an effective way to cut costs and get your case done.

3. Consider Limited Representation: If you can’t afford an attorney for the entire divorce process, you may be able to find a lawyer who will provide limited representation. This means that the lawyer will only handle certain parts of the case and you will handle other parts yourself.

4. Seek Financial Assistance: If you can’t afford to pay your attorney’s fees, there may be options available to you such as borrowing money from friends and family members. 

What if you can't afford a lawyer?

Divorce can be a costly endeavor, and many people simply cannot afford to hire a lawyer. But, proceeding without one, even if choosing the path of mediation, could prove costly to you so it is best to get funds and retain an attorney.

No matter what route you take, it’s important to make sure you are well-informed about the legal process and your rights. A qualified family law attorney can provide you with the guidance you need to navigate the divorce process in California. They will explain the nuances of state law and advise you on how to move forward with the most advantageous outcome possible. 
Additionally, they can assist in negotiating a fair settlement and ensure that all of the necessary paperwork is filed correctly. An experienced attorney will also be aware of any potential tax implications associated with the divorce so you don’t end up paying more than you should. In short, getting quality legal advice during this time can save you time and money in the long run.

Other ways to resolve your divorce

Divorce doesn't have to be a long and drawn out process. In many cases, couples can resolve their divorce without the need for a lawyer or court proceedings.

Mediation is one alternative that many couples find helpful when navigating a divorce. In mediation, a neutral third-party mediator helps the couple reach an agreement on issues such as child custody, visitation, spousal support, and property division. The mediator does not make any decisions for the couple but instead helps them come to an agreement on their own.

Collaborative divorce is another option that couples may consider when resolving their divorce. With this approach, each spouse has their own attorney who will help negotiate and draft the divorce settlement agreement. The couple works together and with their attorneys to reach an amicable settlement on all issues related to the divorce.

Couples can also try to resolve their divorce through negotiation or arbitration. Negotiation involves both parties communicating directly with each other to reach an agreement on the major issues. Arbitration is a more formal process in which the couple meets with an arbitrator who makes a decision based on the evidence presented by both parties.

Finally, some couples may choose to use a do-it-yourself approach to resolve their divorce. This involves researching and understanding the law, drafting the necessary documents, and filing them with the court without the assistance of a lawyer. It is important to note that this option may not be suitable for everyone, and if the couple has any disagreements or complex assets they should seek legal advice before taking this route.

Do both parties pay for divorce?

In California, both parties are typically responsible for covering the costs associated with a divorce with some exceptions. This includes filing fees, attorney’s fees, and any other court costs. Each party will be responsible for their own legal representation, so it is important to discuss financial arrangements with your lawyer.

Both parties may also be responsible for other costs that arise during the course of the divorce proceedings. This could include fees for mediators, appraisers, and other experts who are needed to assist in the divorce process. Additionally, if one spouse has been living off the other spouse’s income during the marriage, there may be spousal support payments that must be paid by one or both parties.

The division of assets and debts is also a factor in determining which party pays what for a divorce. In California, the division of marital assets and debts must be “equitable” – meaning that the division should be fair to both spouses – but not necessarily equal. Depending on the division of assets and debts, one party may be responsible for paying more than the other.

Ultimately, the financial responsibility of a divorce will depend on individual circumstances, such as the division of assets and debts and the ability of each party to pay for their own legal fees. It is important to consult with a lawyer to understand the full scope of financial obligations associated with getting a divorce in California.

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This material is provided for educational purposes only. Providing this information does not establish an attorney/client relationship. None of the information contained in this newsletter should be acted upon without first consulting with an attorney. Should you have questions about the content of this newsletter, please arrange to discuss via a consultation.