Divorce in Ny Cost: Average Fees Explained

New York is known for expensive divorces, and the reasons are mostly practical. Court filings come with several separate fees, and New York City lawyers often charge more than the national average. Even an uncontested case involves a set of fees before anyone gets paid for advice.

This page breaks the cost into the pieces New York courts and lawyers actually bill. Figures are published estimates, and a licensed family law attorney in New York can tell you how they apply to your case.

New York charges more than one fee. DivorceNet puts court fees for an uncontested divorce at no less than $335. Marble gives the court filing fee as $335 whether contested or not, and Hello Divorce breaks out the index number fee at $210.

Further steps cost extra. Filing a Note of Issue and a Request for Judicial Intervention is listed at $125, and each motion fee is $45. A process server is listed at $75 – $150.

Contested cases tend to use more of these, since they involve motions and judicial intervention. Check the current fee schedule on the New York courts website before you file.

A DIY uncontested divorce is listed at $335 – $600, which is mostly court fees. An online service adds $150 – $750 for document preparation. An attorney in an uncontested case is listed at $1,500 – $7,000, a range wide enough that the details of your case, and the lawyer, clearly matter.

Mediated divorce is listed at $3,000 – $8,000. A contested divorce with attorneys is listed at $15,000 – $50,000 per spouse. That upper figure is high enough that it is worth trying hard to narrow the issues before the case grows.

New York divorce attorneys are listed at $250 – $500/hr, according to Hello Divorce. Marble lists the average New York family lawyer at $429/hr.

Most lawyers ask for a retainer, then bill against it. Ask for the fee agreement in writing, and ask what happens when the retainer is used up.

Spouses who agree on everything still pay for the paperwork and the court. The state requires a set of forms, including a settlement agreement and a judgment, and each must be done correctly. A mistake can send the file back.

The steps that add cost, even in agreed cases, include:

• Filing fees for the case itself
• Service of the papers
• Preparing the agreement and judgment papers
• Any motion fees if something needs the court's attention

A licensed family law attorney in New York can confirm which of these apply to you.

• Custody disputes, which may involve a court-appointed attorney for the child
• Property such as a home, a business, or a professional practice that needs valuation
• Maintenance, which is the New York term for alimony
• Multiple motions while the case is pending
• A trial, which takes the most attorney time

Much of the cost difference by location comes from attorney rates. The sources here do not break down rates by borough or county, so the ranges above apply statewide. The court fees above are listed for the state as a whole, though you should confirm the amount with your county clerk.

If you live outside New York City, ask lawyers in your county for quotes and compare them with the statewide range.

The two sources describe different cases. Hello Divorce gives a single average of $16,000 for a New York divorce, a figure that blends agreed and contested cases. Marble gives $15,000 – $50,000 for a contested divorce.

Both figures are from lawyers' and services' published guides, and the contested range is built around a spouse with a lawyer. A person who files alone will pay a fraction of either.

• Resolve what you can outside the courtroom
• Ask lawyers about flat fees for uncontested cases
• Try mediation for narrow disputes
• Organize financial records before the first meeting
• Check whether you qualify for a fee waiver

Prices in New York swing widely, so a few questions help you compare quotes fairly. Ask whether the fee is flat or hourly, and what the retainer covers. Ask whether court fees, the process server, and any motion fees are included or billed separately. Ask who will do the work on your file and at what rate. If the case is uncontested, ask whether the quote includes preparing the settlement agreement and the judgment papers, since leaving those out can change the real cost. Getting answers in writing makes quotes easier to compare.