The story of an expensive divorce is a common one, but it doesn’t have to be your story. There are many ways you can try to reduce the financial burden of ending your marriage. Not every option may be appropriate for your circumstances, and there’s no guarantee that these things will save you money. After all, nobody can predict how your divorce process will go.
Still, most of the time, options for a “cheap divorce” include uncontested divorce, divorce mediation, DIY divorce and unbundled attorney services. We discuss each of these in more detail below so you can begin to narrow down what might be best for you to pursue.
Uncontested divorce
In a contested divorce, the parties disagree about one or more issues in the divorce, such as child support, property division or spousal support. To resolve these issues, the parties must present evidence in court. A judge then makes a decision on all the contested issues.
In an uncontested divorce, the spouses agree on all important aspects of the split. This allows them to avoid going to court to settle these terms, which saves time. And saving time in a divorce saves money.
To complete an uncontested divorce, the spouses need to reach an agreement, sign a written divorce settlement and present that to the court for approval. They must also prepare formal documents the court can review and sign to finalize the divorce. It isn’t required, but some parties hire attorneys to help them with these tasks.
Although an uncontested divorce is typically a lower-cost method for ending a marriage, it comes with expenses.
- The filing fee to start an uncontested divorce can be similar to the fee to initiate a contested divorce. Depending on your jurisdiction, you currently may have to pay around $150 to $350.
- If you hire an attorney to help, you may pay a flat fee or an hourly rate for their services. Currently, divorce attorneys charge an average of $100 to more than $500 per hour depending on where they’re located and their experience.
Divorce mediation
If you and your spouse can’t come to a full agreement alone, you may want to consider a professional mediator. This method may help you resolve enough of your issues to significantly reduce your court time and costs.
During divorce mediation, you and your spouse speak with a neutral third person about points of contention in your divorce. The mediator works to help you come to a consensus on as many terms as possible. From there, you write a divorce settlement agreement to present to the judge for approval. Even if you can’t find common ground on every issue, meditation may help you cut down the terms of the divorce that you need to take to trial.
The current cost of a mediator can be approximately $150 to $500 per hour, but some people in need may have access to reduced-cost or free mediation services through the court system and local law organizations.
Do-it-yourself divorce
While often helpful, attorney assistance in a divorce can be pricey. You aren’t obligated to have attorney representation, so some people choose to save money by handling their divorces without counsel.
If you choose a DIY divorce, the clerk in the court where you file can provide divorce forms and give you general information about the deadlines you must fulfill to maintain your divorce action. However, they can’t give you legal advice or help you prepare your documents. Also keep in mind that you must follow the same legal rules that attorneys have to follow in divorce cases, regardless of how well you know or understand those rules.
Divorce with unbundled attorney services
Between calculating your assets, drawing up parenting plans and deciding who’s obligated to pay debts incurred during your marriage, you might find the help of an attorney useful. If you’re concerned about affording a lawyer’s services, some attorneys offer unbundled attorney services.
With unbundled representation, you pay an attorney to take on a handful of matters in your divorce instead of all of them. This may greatly reduce your legal costs. Individual tasks an attorney might handle include:
- Helping you file or respond to a divorce petition
- Attending mediation with you
- Helping you conduct discovery
- Attending a hearing on your behalf
- Reviewing and providing advice on a settlement agreement before you sign it
- Preparing legal documents for you to submit to the court
How to get a divorce with no money
If you don’t have the funds to pay for an attorney or cover standard court costs, you can submit paperwork requesting that the family court reduce or waive its regular filing fees for you. With this paperwork, you typically have to submit an affidavit that summarizes your financial circumstances, and you might have to include accompanying financial statements.
You might also have access to free attorney help. Nonprofit organizations in your area may sponsor legal clinics where volunteer attorneys can answer your questions, guide you through a DIY divorce or identify other options you might be eligible for.
When to speak with an attorney
There are several possible ways to finalize a divorce at a reduced cost and pursue a “cheap divorce”. The most appropriate path for you depends on your circumstances.
Even if you don’t wish to hire an attorney for the entire divorce process, you may benefit from an initial consultation with a divorce lawyer who can educate you about your needs and options. Many attorneys offer free consultations, so there’s often no harm in contacting an attorney for an initial case review.
Sofie is a writer. She lives in Brooklyn.
