The costs involved when filing for divorce vary widely from state to state and situation to situation. Some divorcing couples have more complex issues to resolve than others. A spouse with a non-marital claim will make the divorce more complex if the divorce takes place in a state that considers non-marital assets. A state that considers all property marital wouldn’t have that complexity. A divorcing couple with minor (under age 18) children may have to sort through custody issues which a couple without children, or with older children, would not have to spend time and money discussing.
Initial Filing Fees
The filing fees vary from state to state but typically include filing a court document, called either a petition or a complaint, which actually begins the legal process in the courts. The filing fee for a petition can range from $10.00 to $100.00 depending on the court rules in your area. A person must usually file the petition in the county in which he/she resides. Most states have laws which require a person to live in a state for a minimum of a certain number of days before one can file for divorce there. This prevents a person from going to a different state for a divorce simply because the divorce laws may be more favorable to him/her in a state other than the one in which he/she resides.
Personal Service
The initial paperwork must be personally served on the respondent spouse unless petitioner spouse cannot locate him/her. Personal service means someone over the age of 18 who is not involved in the divorce must personally hand the paperwork over to the respondent spouse. The service can be done by anyone, but usually a sheriff or process server is used. The fee for service can range from $20.00 to over $100.00 depending on where the service must be accomplished and on how long it takes to actually serve a person.
Other Filing Fees
Other costs for filing in divorce would include filing fees for every motion brought before the court. There may be motions to compel evidence, or motions to make changes to custody or support. There is usually a fee for every motion and every time a person must file a document with the court, there may be another fee. Courts vary widely on when and how filing fees are assessed. The fees pay for the court services and most courts do not make enough from fees to appropriately staff the court administration positions.
Getting Legal Help
Filing for divorce is just the start of what can become a long and expensive process. An experienced family law attorney can assess a family’s situation and take steps to lower costs wherever possible by minimizing the number of documents needing to filed and the number of court appearances. A divorcing spouse should speak openly to his/her attorney about the costs of divorce and about alternative options that may be less expensive.
