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.
- 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.
- 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.
- 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.
- Property division: You may need to sell property or a business, buy out your spouse, refinance or absorb a mortgage or credit card debt from your spouse.
- Minor children: 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: 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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