Many couples who find themselves in need of a divorce wonder, “How much does a divorce cost in California?” Each couple should decide which divorce option works for them and understand the respective costs. The most expensive part of divorce is typically hiring a lawyer, though the total cost is dependent upon several factors, such as whether the couple has children.
Before you hire a Pasadena divorce lawyer, be sure to discuss legal fees during an initial consultation. Your attorney should be upfront and transparent about costs so that you’re not surprised by anything later on. In addition to the specifics of your divorce, costs can vary based on their experience, qualifications, reputation, and experience.
What Are My Legal Options for Obtaining a Divorce?
There are many legal options for couples seeking divorce, though all are not equal, and some can be more costly later on. Different types of divorce include “Do it Yourself Divorce,” collaborative divorce, mediated divorce, uncontested divorce, or contested divorce. Each of these options has different associated costs; however, none should be entered into based on costs alone.
Do it Yourself Divorce Costs in California
The “Do it Yourself” divorce is the cheapest option because couples file their paperwork themselves and do not use legal counsel, so there are no legal fees upfront. However, all couples seeking divorce are required to pay the necessary filing fees, which are between $435 and $450 in California. Couples who agree on most major issues and do not have any shared children may choose this option, although it is not recommended, as unexpected costs and pitfalls from avoiding legal fees may arise.
Collaborative Divorce Costs in California
A collaborative divorce is one in which both couples hire attorneys to negotiate on their behalf while avoiding the hassle of going to court. Couples may choose this option to protect their assets or to come to an agreement on child custody or alimony. This can be a less expensive option than a contested divorce, but troubles arise when attorneys are unable to negotiate, and the couple must repeat the process all over again.
Mediated Divorce Costs in California
A mediated divorce is a divorce in which couples hire a neutral third party to help them come to an agreement. The mediator helps the couple file the necessary paperwork and may or may not be an attorney themselves. This is a less expensive option than contested and uncontested divorces, as many legal fees are avoided. However, if there is an issue in the mediation process and one party believes they are being taken advantage of, this option can ultimately become just as costly.
Uncontested Divorce Costs in California
An uncontested divorce does go through the legal system but is typically quicker and less costly than contested divorces because couples agree on most major issues. Couples who do not share children and who have limited assets often opt for uncontested divorces, though there are exceptions. Essentially, this option is only for couples who agree on most major decisions, though each state has different rules on paperwork filing and other legal matters.
In California, at least one spouse must have been a California resident for six months and a resident of the county in which they currently live for three months.
Contested Divorce Costs in California
A contested divorce is the most costly and time-consuming type of divorce. A contested divorce occurs when both parties do not agree on one or more major issues, requiring legal counsel to help them come to an agreement.
Couples in this scenario tend to have a large number of assets to protect, shared children with disagreements on how to handle custody arrangements, and/or disagreements related to alimony payments. Though many divorces settle before going to trial, in some cases, divorces must go to trial, resulting in skyrocketing costs.
FAQs About Divorce Cost in California
How Much Does It Cost to Get a Divorce if Both Parties Agree in California?
If both parties agree on major issues, that means the divorce is uncontested. If factors like child custody, child support, property division, and alimony are uncontested, the divorce will likely be less costly, but legal fees can vary based on factors like the lawyer’s experience. If the couple has shared children or a large amount of assets, an uncontested divorce may be less likely.
How Much Does It Cost to File a Divorce in California?
Currently, the filing fee for a divorce in California is between $435 and $450 for both parties. No matter what type of divorce couples choose, they must file the necessary paperwork. In that case, only one filing fee is required. The filing fee must be paid to the clerk in the county where the couple resides to start the process.
What Is the Cheapest Way to Get a Divorce in California?
The cheapest way to get a divorce in California is the “Do It Yourself” option, where the couple can file their paperwork themselves online. Although this is the cheapest option initially, couples should be aware that it can be risky and costly in the long run if any issues arise that either party is unable to rectify on his or her own.
How Long Does the Divorce Process Take in California?
It will take at least six months to get legally divorced in California. The state has a mandatory waiting period of six months that begins when the divorce is filed. Therefore, no matter if the divorce is uncontested and the couple agrees on everything, they must wait at least six months to be granted their divorce.
Contact the Law Offices of Patricia A. Rigdon
Couples should know their legal options for divorce, as they all have different requirements and associated costs. No matter the option you choose, never make a decision based on costs alone. Forgoing quality legal guidance could lead to higher costs later on. If you need guidance, contact the Law Offices of Patricia A. Rigdon to discuss your divorce case.