You deserve to be happy. And in some cases, being happy means you need to end your marriage. But the thought of how much a divorce can cost may hold you back.
Before you decide that you can’t afford a divorce, it often helps to have an idea of what costs you may expect. While the exact price depends on the particular circumstances of your case, there are certain considerations to keep in mind that can help you determine approximately how much your divorce might cost.
The guide below helps answer “How much does divorce cost in Arizona?” We discuss the average cost of divorce in Arizona, specific fees you may face and what factors might increase or decrease your overall divorce cost.
The average cost of divorce in Arizona
According to one recent estimate, the average cost of a divorce in Arizona is $13,000 if no children are involved and $19,500 if children are involved. However, some estimates are higher, saying the average Arizona divorce costs about $20,000.
Breakdown of the costs of divorce in Arizona
There are many steps and aspects of an Arizona divorce, each of which may come with an associated cost. Below is a breakdown of the common costs and fees you may face.
Filing fees
To initiate a divorce in Arizona, one spouse has to file a petition for dissolution of marriage. Whoever files must pay a filing fee. Currently, the fee ranges from $249 to $349, depending on the county where the petition is filed and whether or not children are involved. Check with the county superior court where you plan to file to learn their fees.
If you can’t afford the filing fee, you may qualify for a fee waiver. Check the Arizona Judicial Branch website to learn more and how to apply.
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Service fees
The spouse who files the petition for dissolution of marriage must serve a copy of the petition to their partner to provide them with formal notice of the pending divorce proceedings. Currently, the cost of service generally ranges from $16 to several hundred dollars depending on the method of service.
For example, if you engage a county sheriff to serve your petition, the minimum service fee is $16. However, the final fee may be greater depending on the number of attempts and the mileage traveled. For example, in La Paz County, a $40 deposit is required to cover the initial $16 minimum, plus a mileage fee of $2.40 per mile.
Alternatively, you may elect to hire a private process server instead. However, the cost of hiring a private process server is usually greater than the cost of hiring a local sheriff.
Attorney fees
Attorney fees are often the most costly part of an Arizona divorce. Hourly rates for Arizona attorneys currently range from about $250 to $550 per hour. The exact rate an attorney charges may vary significantly depending on their background, location and area of expertise. Some lawyers charge a flat rate rather than an hourly one, and others may be open to payment plans.
Temporary orders of support
Finalizing a divorce can take months or even years. Accordingly, Arizona courts allow parties to seek temporary orders during divorce proceedings for things such as:
- Temporary spousal maintenance
- Temporary child support payments
- Interim payment of attorney fees and costs from the other party
Depending on your circumstances, you may pay or receive hundreds or more each month due to temporary orders until your divorce is settled.
Discovery
Discovery is the legal process of gathering evidence and information to help support your claims. This evidence may include but isn’t limited to:
- Official documents, such as financial and health records
- Expert witness reports from someone like a forensic accountant or child psychologist
- Depositions from experts
- Interrogatories or written questions for the other party to answer under oath
Each type of evidence typically comes with a different cost. While copies of documents may be a few dollars, experts may charge a few hundred dollars per hour. You also may need to subpoena uncooperative witnesses, which currently may cost about $30 per subpoena.
Mediation
Mediation is an alternative dispute resolution method where the spouses meet with a neutral third party. The goal is to resolve as many disputed issues related to their divorce as possible before things proceed to court.
Hiring a mediator currently costs a few hundred dollars per hour. Keep in mind, a cooperative and successful mediation can sometimes allow the parties to avoid trial and save significant time and expense in the long run.
Trial
Preparation for and attendance at trial can be costly. Examples of trial costs and fees to be aware of include:
- Attorney fees
- Expert witness fees
- Court reporter fees
- Exhibit preparation costs
- Court fees for transcripts and document copies
- Travel and lodging
- Lost wages due to time taken off of work
Factors that impact the cost of an Arizona divorce
Many estimated Arizona divorce costs vary, sometimes to a great degree. Where your divorce falls in those ranges often depends on four factors:
- Whether your divorce is contested or uncontested
- If you share children with your spouse
- If you or your spouse seeks support
- The marital property you need to divide
Contested divorce vs. uncontested divorce
If you and your spouse can’t reach an agreement on the underlying issues related to your divorce, you have what’s called a contested divorce. However, if you can find common ground on all terms of your divorce (often through mediation or another alternative dispute resolution method), you have an uncontested divorce.
Contested divorces often take longer to resolve and require going to court, making them more costly than uncontested divorces.
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Minor children
If divorcing spouses share minor children, topics such as child custody, visitation and child support usually need to be addressed. This may require additional negotiation, experts and court appearances, all of which may add to your attorney fees. Then, once your divorce is final, you may owe monthly child support payments until your child is 18 or 19.
Spousal support
If one spouse shows a need and the other spouse has the means to help them, a judge may order spousal support (sometimes called alimony) at the conclusion of the divorce. The amount and duration of these recurring payments depends on various factors related to the financial status, education and earning potential of the parties.
Property division
Arizona courts divide marital property equitably between the parties. To help them accurately do so, you may need to hire a forensic accountant or other experts to help identify, assess and value your separate and marital property. These professionals may charge hundreds of dollars per hour.
And in the end, you may be ordered to transfer certain assets and property to your former spouse, and they may be ordered to transfer certain assets and property to you.
How a lawyer may help
Since an Arizona divorce can be expensive, you may be hesitant to incur additional costs by hiring an attorney. However, an experienced divorce lawyer can be invaluable.
They know the state laws and can help you understand your legal rights and obligations, negotiate your claims with your spouse or their lawyer and advocate on your behalf in court when necessary to protect your interests. All of this may save you money in the end, because you may be able to finalize your divorce sooner and reach a fairer settlement than you could on your own.
