How Much Does a New York City Divorce Cost?

You do not relish the prospect of divorcing. However, it may be better for you and your spouse to dissolve the marriage rather than carry on as you have. Perhaps the most difficult part of going through a divorce is dealing with the cost of it. New York City divorce attorneys can help you get a settlement that is fair and reasonable. But you will need to pay money to reach this goal.

Contested versus Uncontested Divorce

The most important factor in determining the cost of your divorce is whether it is contested or uncontested. If you and your spouse can reach an agreement on the distribution of property, money, alimony, custody, and child support, the proceedings will go much faster. Uncontested divorces cost far less money because there are fewer billable hours for your attorney and they will have to make few court appearances.

If you cannot reach an agreement with your spouse. If, in fact, the divorce turns nasty and bitter, contentious and litigious, then you will face more expense. A contested divorce is essentially a fight for your future life and for your children. It requires the court to decide how the estate is to be divided and what the child custody arrangement will be. Your attorneys will need to spend much more time on the case, and their fees can range from $200 to $500 an hour. The proceedings in a contested divorce can drag out for months or even years. By the time you reach a settlement, the total bill for the divorce can be in the tens of thousands of dollars.

Court Filing Fees Are Only Part of the Cost

Even an uncontested divorce involves court expenses. New York Courts states that an uncontested divorce generally requires at least $335 in filing fees, including $210 for the index number and $125 for the Note of Issue. Additional expenses may arise for motions, certified copies, or service.

Those court charges are separate from attorney fees. The overall cost can therefore vary depending on how much legal work is required and whether disputes develop after the case begins. A divorce may become more expensive if disputes develop over property, support, custody, or another unresolved issue.

Property and Financial Issues Can Increase Legal Costs

The amount and type of property involved can affect how much work a divorce requires. New York follows equitable distribution, which means marital property is divided fairly rather than automatically split equally. Assets such as real estate, retirement accounts, business interests, investments, and valuable personal property may require additional review.

Debt can also create disputes. Mortgages, credit cards, loans, tax obligations, and other liabilities may need to be identified and addressed as part of the financial settlement. When spouses disagree about whether property is marital or separate, or about the value of an asset, additional legal work may be necessary.

Some cases also require accountants, appraisers, or valuation professionals, adding to the total expense.

Custody, Child Support, and Maintenance May Affect the Total

A divorce involving children can require more legal work because parenting and financial issues must be resolved before the case is completed. Parents may need to address custody, parenting time, and child support.

New York Courts explains that unresolved parenting and financial matters must be worked out before a judge signs the Judgment of Divorce. Disputes over these issues may require negotiations, conferences, motions, or hearings, each of which can increase the amount of attorney time involved.

Maintenance can also affect negotiations. The spouses’ finances may need review before an agreement or court determination is reached.

Can Mediation Reduce the Cost of a Divorce?

In some cases, alternative dispute resolution can reduce the amount of time spent litigating. New York Courts notes that mediation and collaborative family law may help spouses resolve disagreements outside traditional court proceedings and may save time and money.

These options are not appropriate for every case. When there is a history or fear of domestic violence or abuse, mediation may not be suitable. Even when mediation is used, each spouse may still benefit from independent legal advice before signing a final agreement.

Planning for the Cost of Divorce

There is no single price for a New York City divorce because the total depends on the issues that must be resolved and how much disagreement exists between the spouses. Court fees are only one part of the expense. Attorney time, service costs, financial review, motion practice, and outside professionals can all affect the final amount.

Understanding these potential expenses early can help you prepare financially and identify which issues may require the most legal attention.

The New York City divorce attorneys at the Levitsky Law Firm will try to make the process of divorce as cost-effective as possible. This can often be done by reaching out to the legal team of your spouse and trying to work out a settlement that is acceptable to both parties. If you are on the cusp of divorce, you should contact the Levitsky Law Firm to discuss your options.