As far as divorce, everyone seems to know an individual that has gone through the divorce process. In fact, divorce is a common matter in the United States, as more than 670,000 divorce or annulments occurred just in 2022 alone according to the United States census.
The term divorce refers to a legal procedure in which the legal marriage between two parties is dissolved. It is important to note that each state has their own specific laws regarding divorce. California’s laws regarding divorce may be found in the California Family Code.
The divorce process is often a complicated matter, and as such commonly an expensive matter. Due to the cost of living in California, divorce in California is often considered to be more expensive than obtaining a divorce in another state.
However, this is not always the case, as there are methods of avoiding certain costs associated with divorce. The following article explores costs associated with the divorce process in California, including ways in which you can avoid certain costs and expenses.
What Is the Average Cost of Divorce in California?
When it comes to divorce, one of the main questions asked is how much the total or average cost of divorce in California is. In short, there is not one single answer. This is because the total cost for an attorney will be dependent on a variety of different factors.
It is important to first note that all California divorce cases are all unique. In other words, each and every divorce case will have a different set of unique facts and issues that may impact the total cost of the case.
Because of the uniqueness of each divorce case, it is difficult to determine an exact average cost of divorce in California. This is especially true if the divorce case is contested. A contested divorce case is a case where the parties dissolving their marriage cannot agree on all the issues that need to be addressed in a divorce, such as the division of marital property, child custody, spousal support, etc.
There are numerous organizations that attempt to track the average cost of divorce in California. According to those studies, The average cost of a divorce in California is around $17,500. This is higher than almost every other state.
Once again, the costs of divorce can vary significantly based on several factors, such as whether or not the divorce is uncontested or contested, as well as the complexity of the issues involved.
What Are the Fees Involved in a California Divorce Case?
There are numerous fees that are involved in a California divorce case. Each step of the divorce process may involve different fees that will have to be paid in order to complete the process. The following is a breakdown of the fees involved in a divorce case.
Attorney’s Fees
One of the main fees that is commonly involved in a California divorce case is the total amount of your attorney’s fees. When you retain an attorney in a divorce case, that attorney’s fees will generally be calculated based on an hourly rate.
It is important to note that depending on a lawyer’s experience and location, an attorney’s hourly rate can vary considerably. It is also important to note that an attorney’s fee structure will always be outlined in the fee agreement that is executed between you and the attorney.
An attorney fee agreement is a written contract, which may or may not also include a stated retainer fee. A retainer is an upfront fee that is needed to secure an attorney’s services. Fee agreements are very important as they provide legal proof of a contract between you and the attorney.
A well-written attorney-client fee agreement will contain certain information that will be beneficial in you being able to evaluate the total cost of attorney fees in your case, including:
- The total amount of any initial retainer payment that you may need to pay before the attorney begins work on your case
- A clause as to whether or not the retainer is refundable or immediately collected in full
- A breakdown of the attorney’s billable rate, along with the support staff’s billable rate
- Hourly billing is the most common pay structure in divorce cases
- Many attorneys will utilize support staff such as law clerks, paralegals, or even associate attorneys to reduce their hourly fees for the daily tasks involved in managing your case on a day-to-day basis
- A description of the legal services that the attorney is being retained to perform
- Fee agreements will often specify that the attorney is accepting the client and will render services involved with their divorce case, including pre-trial hearings, negotiations with the other side, document drafting, etc.
- The contact information for all the parties to the contract, including the attorney, support staff, and the client, as well as the charges for communications, if different from the hourly fees
- The fee structure for any other items outside the attorney’s hourly rate, such as fees for filing costs, copies, long distance phone charges, mail expenses, meal expenses, travel expenses, etc.
As can be seen, it is important that you thoroughly understand any fee agreement prior to entering into a service contract with an attorney. A properly drafted fee agreement will be able to ensure you have no surprises when it comes to your attorney’s fees.
Fees Outside of an Attorney
Although an attorney’s fees will often be the largest of the fees associated in a divorce case, there are also other fees associated with obtaining a divorce in California. In addition to an attorney’s overall fees, other factors that may contribute to how expensive an overall divorce case will be, include:
- Whether or Not the Divorce Is Contested: Uncontested divorce cases are going to almost always cost less to complete than contested cases, as there will be less time and money spent arguing the issues involved in the divorce case
- Whether or Not Discovery Is Required: In every California divorce case, both parties are required to complete a Preliminary Declaration of Disclosure, which includes an “Income and Expense Declaration” and “Schedule of Assets and Debts”
- Beyond mandatory disclosures, additional discovery methods, such as interrogatories (written questions to the other party), requests for production (requests for documents from the other party), or depositions (oral questioning of a party under oath) may all result in additional costs
- Specialists and Expert Witnesses: Some divorce matters may require the assistance of a specialist or an expert, such as accountants or appraisers. The fees for hiring an expert witness will increase the total cost of the divorce case
- Miscellaneous Fees: Miscellaneous fees, such as paying private process servers to serve the other party, paying court filing costs, paying for mediation, paying for certified copies of documents, mailing costs, and other fees that are involved in handling a divorce on a day-by-day basis will also impact the total cost
As far as the actual filing fees for filing a divorce papers in California, The filing fee for a divorce in California is $435. If both parties file pleadings with the court, each party will need to pay these court filing fees. However, you can request a fee waiver from the court if you qualify for such a waiver.
Do I Need an Attorney for Help with Divorce Costs in California?
As can be seen, costs in a California divorce case can add up quickly. However, the divorce process is often a complicated matter, and one wrong move could result in you losing significant assets or encountering additional costs.
As such, if you are involved in a divorce, it is in your best interests to consult with an experienced California divorce lawyer. LegalMatch can assist you in setting up a consultation with a family law lawyer in your area that will keep you well informed regarding their work on your case and billing.
An experienced attorney will be able to help you reduce your costs in the long run by helping you navigate the more complicated aspects of the divorce process. An attorney will also be able to ensure that your legal rights are protected throughout the divorce process. Finally, an attorney can also represent you in court, as needed.
