How much does a divorce cost in California? The answer depends on the type of divorce. Some cases are more complicated or contentious than others. In general, the more time it takes for spouses to agree on divorce terms, the more the marriage dissolution process will cost. It’s a good idea to consult with a qualified divorce law professional when preparing to file for divorce so you can understand the potential costs and the extent of your legal options. Working with an experienced divorce lawyer can help you navigate this process efficiently.
Understanding the Costs of a Divorce in CA
Before beginning the divorce process in California, it’s important to do your research and understand that this legal undertaking can often be time-consuming and, therefore, expensive. Each person’s case will look different since every marriage is unique. If you have concerns about being able to afford a divorce, be sure to consult with an experienced divorce attorney about your legal options.
Arguably, the most influential factor in how much your divorce will end up costing in legal fees is whether the divorce is uncontested or contested. If you and your spouse require the intervention of the California family courts to settle the case, it’s likely that your divorce will end up costing more than if you and your spouse were mostly in agreement on how to handle the divorce.
Every divorce has to address the same essential legal issues, such as the division of marital property and whether there will be spousal support and child custody matters. The longer it takes to agree, the more expensive your case may become. If children are involved, child support must also be determined.
Qualifying for Summary Dissolution in CA
If you and your spouse are able to work together in pursuing an uncontested divorce, you may want to see whether you qualify for summary dissolution. This legal process is a streamlined divorce procedure, overall costing less and requiring less time to finalize the marriage dissolution. However, only certain spouses may qualify for this divorce method. To be eligible, you and your spouse must:
- Have been married for five years or less in total
- Not have any children together
- Have a relatively small marital estate or owe relatively little in financial obligations
- Waive the right to spousal support
- Agree on how to divide community property
- Meet the state’s residency requirement for divorce
How Much Does a Divorce Cost in California?
In the state of California, the minimal amount you may pay for a divorce in total is the filing fee of $435. However, this is only if you and your spouse are able to agree on all aspects of the divorce from the beginning. Otherwise, it may cost you more. The amount your divorce costs is influenced by how much property you have, how disputed the divorce agreement is, and the method you choose.
Divorce litigation is generally considered to be the most expensive divorce option. This is because litigation requires legal preparation and representation for both parties in addition to court fees. If possible, you and your spouse may want to consider whether an alternative dispute resolution (ADR) approach may be feasible for your situation. ADRs include mediation and collaboration.
ADRs can have several benefits, such as keeping your divorce private and out of court, in addition to being a less time-consuming and costly process overall. Alternative dispute resolutions aren’t for everyone, however, and require some level of cooperation and teamwork between spouses. You can consult with an experienced divorce attorney about whether an ADR approach may be ideal for you.
FAQs
Do Contested Divorces Usually Cost More in California?
Yes, contested divorces generally cost more compared to uncontested divorces. This is because contested divorces require more time and work to fully settle. If your divorce is highly contested, it will probably take longer to settle. If you and your spouse have a high-asset or large marital estate, it’s also more likely that your divorce will cost more. Divorces with a large amount of property require sufficient time to thoroughly identify and divide between spouses.
How Long Does It Take to Get Legally Divorced in CA?
There’s no set timeline for when a divorce will be resolved and finalized. Typically, a divorce settlement is reached after filing the marriage dissolution petition. Divorce is a complex legal process, and several factors can impact the time frame, such as the length of the marriage, the age and number of children shared, and the amount of shared property.
Which Party Usually Pays for the Divorce in California?
In most divorce cases in California, each party pays for their own lawyer’s legal fees. However, in some cases, it may be part of the divorce settlement that one party pays for the other’s legal counsel. This may occur if the court orders one party to pay the other spousal support or as a part of the equitable division of marital property.
Do I Need a Lawyer to File for Divorce in California?
No, you don’t technically need to hire a lawyer to file for divorce in California. It is possible to file for and manage your divorce on your own. It is worth considering working with a qualified divorce attorney since the legal processes involved can be complex, especially for those who aren’t familiar with the law. Hiring an experienced divorce attorney may end up saving you time and money in the long run.
We’re Here to Support You During Difficult Times
Divorce is undoubtedly a difficult experience to go through, no matter how amicable you and your partner are. You don’t have to go through it alone. The professional legal team at the Law Office of Stacy L. Campuzano is here to provide insightful advice and representation during this tumultuous time. Contact us today to set up an initial meeting where you can learn more about your legal options.
