Many considerations are important in any divorce process. As your family changes, you must think about where you could live, what your children’s custody schedule should be, and the most appropriate way to navigate changes with minimal disruption. However, one of the biggest concerns that many clients have is how the divorce affects their finances. You may ask yourself, “How much does a divorce cost in New York?”
Many people understand that divorce is not inexpensive. Not only do you have to pay for certain legal fees, but you also lose half of your assets to your spouse. This puts many people in a very different economic state than they were in during their marriage.
A good way to prepare for divorce is to estimate how much it may cost. This can help you navigate the complicated world of divorce law while keeping to a budget that works for you.
Hire a Divorce Lawyer
With a divorce rate of 2.4, it is hard to overemphasize how important it can be to hire a divorce lawyer in New York, even when your finances are uncertain. A skilled divorce lawyer from Trotto Law Firm, P.C., can make sure you get a fair split of your marital assets while preserving your separate property.
Attorney Cost
Attorney costs are part of your economic responsibility during a divorce. The amount that you pay for your attorney depends on the attorney’s experience and the complexity of your case. This is because many divorce attorneys charge hourly, so if your case is complicated and requires special care, you would likely pay for more hours of their time.
It is extremely important to discuss attorney rates with any lawyers that you are considering for your divorce. Many attorneys charge differently for their services. Some charge more or less per hour, while others charge flat fees or a percentage of your settlement. To fully understand your financial obligation, you should have straightforward conversations with any attorneys you interview.
Divorce Options in New York
Whether to hire a divorce attorney or not isn’t the only decision you need to make when deciding how to get divorced in New York. There are several methods you could use to get divorced. These include:
- The do-it-yourself method. When you choose to DIY your divorce, your initial costs are lower, but there is a greater likelihood that mistakes could be made that may result in higher costs later. Initially, you only need to pay filing and court fees.
- Uncontested divorce with an attorney. An uncontested divorce, where both spouses agree on terms, is usually the fastest and least expensive method that also carries fewer potential risks. Your attorney can make sure everything is filed properly and that your agreement is fair.
- Uncontested with mediation. Using mediation services to reach an agreement for an uncontested divorce includes additional costs for the mediator, but you gain a neutral third party who can help you reach important divorce decisions. An attorney can also make sure the mediation results in a fair agreement.
- Contested divorce. This can become expensive, depending on how long the process takes. When you cannot agree about one or more aspects of the divorce, an attorney can collect evidence and present a strong case in front of a judge.
- Divorces with unique circumstances. The more complex the divorce is, the more time and resources it can take to reach an agreement. If your divorce includes business or hidden assets, or you have a high-asset divorce, an attorney can ensure a fair division of marital assets.
Do I Need a Divorce Attorney?
Some people believe that they can save on their New York divorce costs by representing themselves. Though this may be true, it is usually not worth it to explore this route. Often, those who represent themselves end up with smaller settlements and are usually taken advantage of in court. Your spouse’s attorney can capitalize on your inexperience to earn more for their client.
If both you and your spouse agree, you could use mediation rather than litigation in your divorce case. In this system, only one attorney is required between the two of you. You and your spouse negotiate your own terms while the mediating attorney ensures that the agreement is fair and facilitates all necessary conversations.
Though this is valid for some couples, it may not be feasible in your divorce. If your divorce is particularly complicated, or you and your spouse cannot negotiate fairly, then mediation is not an option. Couples with a history of domestic violence rarely benefit from mediation without an experienced divorce attorney there to make sure the abusive spouse acts fairly.
In all courtroom divorce litigation situations, it is essential to have a New York divorce attorney for representation.
Children
Another major factor that can affect the cost of your divorce is children. If you share children with your spouse, your divorce process must develop a child custody schedule and determine whether child support is necessary. Mediation may not be an option for those who need to negotiate these terms, which increases the overall cost of the divorce.
The Various Costs of a New York Divorce
There are various fees associated with every type of divorce in New York. In addition to attorney fees, court and filing fees are required. Some potential expenses include:
- Notary fees. When a document needs to be notarized, you are responsible for that fee, but the cost varies with the notary.
- Copy fees. Many documents require multiple copies, resulting in varying copy fees.
- Mediation costs. If you choose to use mediation, the mediator is paid separately and usually charges a set fee per session.
- Filing fee. For an uncontested divorce, the minimum fee is $335 in court filing fees. This amount does not include other fees, such as process server, mailing, photocopies, or notary.
- Index number fee. The index number costs $210 and provides a case number for your divorce, which should be included on all your divorce documents.
- Settlement agreement. If you have a settlement agreement ready when you file the initial paperwork, there is a $35 fee to file the agreement.
- Motion or cross-motion fee. The cost to file a motion or a response motion is $45.
FAQs
Q: Who Pays for Divorce in New York?
A: In some situations, a court may require that one spouse pay for the divorce costs. However, in other situations, each spouse is responsible for their own divorce costs. In yet other scenarios, the cost may be deducted from shared money or your divorce settlement. Be sure to consider these choices at the beginning of the divorce process, and negotiate with your spouse through a qualified attorney so that you are prepared for any costs that become your responsibility.
Q: What Is the Cheapest Way to Get a Divorce in New York?
A: The fastest, and therefore cheapest, way to get divorced in New York is to file for a “no-fault” divorce. If you try to declare your spouse at fault for the divorce, you may have to spend time and resources to properly prove that they are at fault for what happened, per the state’s divorce laws. If you file for a “no-fault” divorce, you have nothing to prove. Additionally, uncontested divorces and divorces using mediation are usually less expensive than courtroom litigation.
Q: Can I Get a Divorce Without a Lawyer?
A: Though it is possible to get divorced without attorney representation, it is not a good idea to attempt this route. Many people who try to represent themselves do not get the settlement, child custody, or child support terms that they deserve. With an attorney on your side, you have someone who understands the process, can advocate for your needs, and can make sure you are set up to begin your new life after marriage.
Q: How Much Does an Uncontested Divorce Cost?
A: Though uncontested divorces are the least expensive option, you should still be aware of the costs associated with them. Most people spend up to a few thousand dollars during an uncontested divorce. $335 of this is for the court filing fees, while the rest accounts for attorney costs and other expenses associated with the divorce process. Even though this is significantly less than you would spend in courtroom litigation, it is still important to be financially prepared for a divorce of any kind.
Contact Trotto Law Firm, P.C.
For many years, our firm has been helping New York couples navigate the complicated world of divorce. Through our time in business, we have gained unparalleled experience in divorce and family law, providing our clients with essential resources that they cannot find anywhere else.
Our firm is passionate about protecting our clients’ rights and wishes during negotiations, and we can work tirelessly to achieve the most beneficial divorce terms in every case. No matter what your situation may be, we can provide the legal divorce support that you need and deserve.
Our team can help you through this difficult time. For more information, please contact Trotto Law Firm, P.C., today to schedule a consultation.
