If you’re considering a divorce in California, you may be concerned about the potential costs of the process. California has a reputation for being expensive, and its divorces have a similar reputation.
The cost of a California divorce depends on numerous factors, including if you have a contested or uncontested divorce, if you hire a lawyer and if you have any shared children. We go into this in more detail below. Although it’s hard to answer “How much does a divorce cost in California?”, this information will give you some sense of what to expect.
The average cost of divorce in California
In total, the cost of a divorce in California is currently between $14,500 and $17,300. This includes the price of a divorce attorney as well as additional fees such as filing and service fees and working with non-legal experts.
Breakdown of the costs of divorce in California
California divorces have specific costs and fees associated with each step of the process.
Filing fees
To begin the divorce process in California, you must file a divorce petition and summons with the court in the county where you or your spouse live. When you do this, you pay a filing fee. This fee currently ranges from $435 to $450 depending on your county. Check with your local court clerk’s office for the exact cost.
Service fees
After filing, you must serve your spouse the divorce petition and summons. You can’t serve your spouse yourself. Instead, you must have another adult serve the papers personally. This can be:
- Someone you know
- A professional process server
- The county sheriff, depending on your county
While you may save money by having a friend serve the papers, most people hire a process server. California process server fees vary, but are usually no more than $100 for standard service.
If your county sheriff provides process service, they charge a fee that varies by county. For example, the Los Angeles County Sheriff’s Department currently charges $40.
If you don’t know where your spouse is or if they’re in another country, you may have other options for serving them.
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Attorney fees
Although you aren’t required to hire an attorney for your divorce, a lawyer can help build your case and present it in court. This may increase the odds that you’ll be satisfied with the terms of your divorce. Attorneys generally charge an hourly rate based on their experience level. California divorce lawyers tend to be more expensive than lawyers in other states, with a current hourly rate of about $300 to $365 per hour, though some may charge more than $600 per hour. This can add up to more than $15,000 for more complicated cases.
Many people worry about the cost of an attorney. Under California law, a judge can order the spouse with the higher income to pay reasonable legal fees for their spouse who can’t afford to pay. This is good for the low-income spouse, but it’s an additional expense for the higher-wage spouse.
Temporary orders of support
A spouse can file a motion for a temporary child or spousal support order during the divorce process. A spouse who makes significantly more income may be responsible for paying these expenses, depending on your income and standard of living.
Child support is easier to estimate, since it’s based on each parent’s income, how many children they have and the custody timeshare. You can use California’s child support calculator to get an idea of what you may pay.
Spousal support can be more complicated, as it involves an assessment of each party’s needs as well as their income. However, California courts often calculate temporary spousal support as 40 percent of the payor spouse’s income minus 50 percent of the payee spouse’s income.
Discovery
Discovery is part of every civil case, including divorce. In California, both spouses must disclose their financial information, and either can request additional information and documents from the other party. You may also be able to subpoena relevant information from third parties.
Discovery can involve several costs. You may need to pay:
- Your attorney for their time in preparing discovery requests and subpoenas.
- Small fees for copies and processing, particularly if you request documents from a third party such as a bank.
- Experts (like forensic accountants, vocational consultants and psychologists) to review information, prepare reports, attend depositions and testify in court, if necessary. These types of experts typically charge a few hundred dollars per hour for their time, depending on their specialty and experience.
- For depositions of your spouse’s witnesses. Experts charge their hourly rate for this, and you currently need to pay non-expert witnesses $35 per day plus the cost of their travel. Depositions also require hiring someone to transcribe the entire deposition. Depending on how long the process takes, this may cost several hundred dollars or more.
Mediation
If you hope to save money by avoiding a trial, you need to negotiate with your spouse and reach an agreement on all the issues in your divorce. One common way to do this is through mediation.
In mediation, a neutral third party called a mediator attempts to help the parties settle their divorce. Some cases settle through a single meeting with a mediator, while others require multiple meetings.
All counties in California provide free mediation services for child custody and visitation prior to making orders at a hearing. You can also hire a private mediator, which currently costs anywhere from $200 to $1,000 per hour, to try to settle any terms of the divorce. The spouses generally share this cost.
Attorneys can’t attend free meditation sessions. However, each spouse can have their own attorney attend private mediation to provide advice to them as they work toward an agreement.
Trial
If you and your spouse can’t reach an agreement about the terms of your divorce, you need to go to trial. Going to court takes a great deal of time, and time is money since many attorneys charge by the hour. Typically, your attorney will charge for their time completing tasks such as:
- Witness preparation
- Attending pre-trial hearings
- Drafting documents for trial
- Practicing their arguments
- Attending trial
- Preparing post-trial documents
You’ll also usually pay your expert witnesses their hourly rate for the time they spend testifying and preparing for their testimony.
Factors that impact the cost of a California divorce
In general, the more you disagree with your spouse and the more terms you have to determine, the more expensive your divorce will be. The main factors that impact the cost of a California divorce are:
- Whether your divorce is contested or uncontested
- If you share any children
- If one of you seeks spousal support
- What and how much property you share
Contested divorce vs. uncontested divorce
One of the key things in determining the cost of a California divorce is the type of divorce:
- In a contested divorce, the parties disagree on some or all the divorce issues and must go to trial.
- In an uncontested divorce, the spouses largely agree on all the major issues of the divorce. The spouses and/or their lawyers negotiate and draft a settlement agreement and file it with the court.
An uncontested divorce tends to cost less than a contested divorce since there’s no need for a trial.
Minor children
If you share minor children with your spouse, you may face additional costs. For example, when you and your spouse separate, one or both of you may have to purchase new items for your children to have in both residences. Additionally, if you make more than your spouse or your spouse has primary custody of your children, you may have to pay child support, including education expenses and health care. Plus, you may share the cost of counseling for your children during or after the divorce.
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Spousal support
You may have to pay spousal support (or alimony) if you make more than your spouse. Usually spousal support lasts until one of the following occurs:
- The receiving spouse achieves financial independence
- The receiving spouse remarries or cohabits
- Either spouse dies
Or the settlement terms may dictate a termination date.
Property division
The division of marital property (or community property, as it’s called in California) can be an expected divorce expense. You may face costs involving:
- Buying your spouse out of your shared property
- Refinancing a home to help with a buy-out
- Selling the property so that you can split the proceeds
- Absorbing a mortgage or other marital debt
When to speak with a lawyer
Whether you foresee an amicable or conflicted divorce, the price of a qualified and affordable attorney can be worth it. They can represent your interests every step of the way during your California divorce. They can collect documents and evidence for your case and fight for your rights in what’s often an emotionally challenging situation. Attorneys can also help you negotiate a divorce settlement agreement and take care of all required filings for the divorce.
