The average divorce in the United States costs $8,000 to $12,000 per side — roughly $16,000 to $24,000 in total when both parties pay attorneys. The median is lower than the mean because a relatively small number of very expensive fully litigated trials ($50,000 to $100,000+) pulls the average up. The typical divorce — the one that actually happens most often — costs $3,000 to $8,000 per side for a case that involves attorneys, some level of dispute, and settles before trial. The vast majority of divorces settle. Only roughly 5% to 10% go to trial, and those trials produce the eye-popping cost figures that skew the average upward.
The “average” divorce cost is misleading in the same way the average American’s net worth is misleading — a small number of extreme cases distorts the number. A better way to think about it is by the method used: a DIY divorce costs $300 to $500, a mediated divorce costs $3,000 to $8,000 per side, a contested divorce that settles costs $10,000 to $25,000 per side, and a divorce that goes to trial costs $30,000 to $100,000+ per side. The method drives the cost, and the method is chosen — or forced — by the level of conflict between the parties.
Average Divorce Cost by Scenario
| Scenario | Average Cost Per Side | % of All Divorces |
| DIY / pro se (uncontested, no kids, no assets) | $300-$500 | ~15-20% |
| Uncontested with attorney (flat fee) | $2,000-$5,000 | ~25-30% |
| Mediated (some disputes, resolved without trial) | $4,000-$10,000 | ~20-25% |
| Contested — settles before trial | $10,000-$25,000 | ~20-25% |
| Fully litigated trial | $30,000-$100,000+ | ~5-10% |
Average Divorce Cost by State
| State | Average Cost Per Side (Contested, Settled) | Filing Fee | Key Cost Driver |
| California | $15,000-$30,000 | $435-$450 | High attorney rates, complex property division, 6-month wait |
| New York | $15,000-$35,000 | $210-$335 | Highest attorney rates in nation, complex equitable distribution |
| Texas | $10,000-$25,000 | $300-$350 | Large state — attorneys charge travel/convenience; 60-day wait |
| Florida | $10,000-$20,000 | $409 | Mandatory disclosure, alimony litigation, mediation required |
| Illinois | $10,000-$25,000 | $250-$350 | Cook County high rates, complex maintenance formula |
| Midwest (MO, IN, OH, MI) | $7,000-$15,000 | $150-$250 | Lower attorney rates, shorter waiting periods |
| Southeast (GA, AL, SC) | $7,000-$15,000 | $150-$300 | Lower cost of living, lower attorney rates |
What Pushes a Divorce Above or Below the Average
| Factor | Below Average ($3K-$8K) | Above Average ($15K-$50K+) |
| Children | No minor children, or custody fully agreed | Custody battle, parenting plan disputes, custody evaluator |
| Assets | Few assets, no real estate, no retirement accounts to divide | Home, multiple retirement accounts, business ownership, hidden assets |
| Spousal support | Both parties self-supporting; alimony waived | One spouse out of workforce; alimony amount and duration heavily disputed |
| Discovery | Both parties voluntarily disclose all finances | Forensic accountant, business valuation, subpoenas, depositions |
| Attorney choice | Solo practitioner or small firm, reasonable rate | Large firm with multiple attorneys staffing the case, premium rates |
The average hides the single most important fact about divorce cost: the presence of children doubles or triples it. A childless divorce with minimal assets costs $3,000 to $8,000 per side in attorney fees. A divorce with children — where custody, parenting time, and child support must be resolved — costs $10,000 to $25,000 per side on average, even if the case settles before trial. A custody battle that requires a custody evaluator or a guardian ad litem investigation adds $5,000 to $15,000 to the cost. Children are the single largest cost multiplier in divorce, because children multiply the number of issues that can be disputed.
FAQ: Common Questions About Average Divorce Costs
Why is the “average” divorce cost so much higher than what my friends paid?
The average is pulled upward by litigation outliers — the roughly 5% to 10% of cases that go to trial and cost $50,000 to $100,000+ per side. A single $100,000 divorce raises the average more than 20 $3,000 divorces. The typical divorce — the one experienced by most people — costs $3,000 to $8,000 per side and settles without trial. Your friends who paid $3,000 to $5,000 for an uncontested divorce are the typical experience. The $15,000 average you see quoted online reflects the influence of the expensive trials.
How much should I budget for a divorce if I don’t know yet whether it will be contested?
Budget for the median — $7,000 to $12,000 per side — and hope for an uncontested resolution that costs $2,000 to $5,000. The budget should cover the initial retainer ($2,500 to $7,500) plus a reserve of an additional $5,000 to $10,000 if the case becomes contested. If the case settles quickly, the unspent retainer is refunded. If the case escalates, the reserve prevents the worst-case scenario — running out of money in the middle of a contested divorce and losing your attorney.
The Average Is $8,000-$12,000 Per Side. Your Divorce Probably Costs Less — or More.
The average divorce costs $8,000 to $12,000 per side, but the average is a statistical artifact that smooths together $300 DIY divorces and $100,000 trials. The number that matters is the number for your specific situation — which depends on whether children are involved, whether assets are disputed, and whether both parties can agree. The single most powerful cost-control mechanism is agreement. An uncontested divorce with children and a house costs $5,000 to $10,000 per side. The same divorce, fully litigated, costs $30,000 to $50,000. The facts are the same. The agreement is the difference.
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