How much does a divorce cost in New York?
Jennifer Paulino
New York managing attorney at Marble Law
Key Takeaways
- Uncontested divorces in New York can cost $7,000 or more.
- Contested divorces in New York can cost $50,000 or more.
- The costs you may face include filing fees, service fees, attorney fees, temporary support or child support, mediation fees, discovery fees and costs associated with going to trial.
The cost of a New York divorce varies according to the complexity of the case. However, the average uncontested divorce typically costs between $4,000 and $7,000, though some may be more expensive.
For a contested divorce, you can expect to pay anywhere from $15,000 to $50,000, or more if the case is more complex and requires additional experts or time in court.
Several costs go into this sum. Below is an overview of some of the expenses you may encounter in a New York divorce:
- Filing fees: The divorce process in NY begins when you file the divorce complaint and all other required documents with the New York Supreme Court clerk in the county where you or your spouse reside. At this time, you pay a filing fee, which is currently at least $335. Check your county’s court website or call them for the specific cost in your county.
- Service fees: After filing, you must serve your spouse with the divorce papers. Most people hire a process server for this. Fees for process servers vary. You can currently expect to pay around $95 for regular service and more for expedited service in New York.
However, if your spouse is willing to sign an affidavit acknowledging service, you can send the papers by first-class mail. This costs a couple dollars, depending on the weight of your envelope.
- Attorney fees: Some attorneys charge an hourly rate, others charge a flat rate. The average hourly rate for a New York divorce lawyer is currently between $305 and $380.
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- Temporary spousal or child support: Soon after the filing of a divorce, one of the spouses sometimes requests that the court grant temporary orders for child support or spousal support. If you make more than your spouse or are the noncustodial parent, you may have to pay these costs while the divorce is pending in court. In New York, child support and spousal support are calculated using a set formula. The calculation depends on each spouse’s gross income and how many children you have. You can estimate your obligations using New York’s temporary maintenance worksheet.
- Mediation: Courts refer most New York divorces to mediation to try to resolve them without litigation. In mediation, a neutral third party, called the mediator, tries to help the spouses reach an agreement on the terms of the divorce. If a court refers you, the first meeting with a divorce mediator is free in New York. If you need additional meetings, the cost depends on the mediator. You can find low-cost mediation resources. Otherwise, you may pay a few hundred dollars an hour or a flat fee of a few thousand dollars. Because the purpose of the mediation is to settle your divorce, you may also want an attorney to help you negotiate and draft a divorce agreement. You’ll have to pay your attorney for this time. Still, spending on mediation can save significant money compared to going to trial.
- Discovery: If mediation doesn’t work or you choose to opt out of it, the next step of the divorce process in New York is typically discovery. This is an exchange of information between spouses. You may face costs associated with gathering official documents, hiring expert witnesses and taking depositions, among other things.
- Trial: This involves attorney fees, expert witness fees and costs associated with trial preparation. For example, you may pay a paralegal a few hundred dollars an hour to prepare exhibits.
Factors that impact the cost of a New York divorce
A few key issues can make a big difference in whether your divorce is in the lower or higher end of the cost spectrum. These issues include:
- The type of divorce
- Shared property
- Minor children
- Spousal support
Contested divorce vs. uncontested divorce
The cost of divorce in New York varies significantly depending on whether the divorce is contested or uncontested.
- n a contested divorce, the spouses disagree on one or more issues in the divorce. Often they end up going to trial, where a judge determines the terms of their divorce.
- In an uncontested divorce, both spouses largely agree on all the divorce terms. Typically, they can reach an agreement outside of court.
An uncontested divorce usually costs significantly less than a contested divorce because it may only involve paying court filing fees and attorney fees for negotiating and drafting a divorce agreement. The cost of a contested divorce, however, can add up, as it takes time to prepare for trial and go through it.
Property division
If you and your spouse have real estate or other shared property, you’ll need to determine how to divide this property, or let the court make this decision for you. This process can bring costs associated with:
- Selling property or a business to divide the proceeds
- Buying out your spouse if you want to keep the property or business
- Refinancing to help with a buy-out
- Absorbing a mortgage or credit card debt
Minor children
If you and your spouse share minor children, unexpected costs can add up quickly. You may have to pay child support, including education or health care costs. If you and your spouse share custody, you may also have to pay for new furniture, clothes and other items for your home.
Spousal support
Like temporary alimony, permanent alimony is calculated using a specific formula in New York. From there, courts may consider additional factors and increase or decrease the award when appropriate. The length of time you have to continue paying alimony depends on how long you were married. Alimony ends if either spouse dies or if the receiving spouse remarries.
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