Getting a divorce is never easy. However, some divorces can be easier than others, depending on the circumstances of your case, your divorce lawyer, and the amount of planning that was done prior to the divorce process. Along with every divorce come emotional tolls, impacts on your everyday life, and, of course, financial costs.
If you are a resident of New York who is considering getting a divorce, or is in the process of getting one, you are likely wondering how much the entire process will cost you and your family. Particularly, you are probably wanting to know how the rise in interest rates, inflation, and the unstable economy in the last few years have affected the price of a divorce in the state of New York.
The Average Cost of a New York Divorce in 2023
It is important to keep in mind that the final cost of your divorce will depend on multiple factors, including whether your divorce is contested or not, the amount of assets you have to split, and how efficiently your lawyer can work. However, in New York, divorce costs can range from several thousand to tens of thousands of dollars. The average cost of a divorce is around $16,000.
Breakdown of New York Divorce Costs
Understanding the different costs that comprise your overall divorce bill can help you reduce your total price. The cost of a divorce in New York can be broken down into several components:
- -Court Filing Fee: The cost of filing for divorce in New York is $335.
- –Legal Counsel: Legal counsel can be expensive, depending on the attorney and the intricacy of the case. Many divorce lawyers in New York charge an hourly fee that can vary from $200 to $500 or more.
- -Mediation: Mediation is needed in New York before a divorce case gets to trial, which can help minimize the expense of the divorce.
- -Expert Testimony: If the case involves property division, such as a company, real estate, or retirement savings, the parties may be required to employ an expert witness to testify on the value of the assets. This can increase the expense of the divorce.
If the divorce is contested, the cost may rise due to extra court appearances and negotiations.
Contested vs. Uncontested Divorce Costs in New York
In New York, the cost of a contested divorce can vary greatly depending on the facts of the case. However, it is usually more expensive than an uncontested divorce. This is because a contested divorce typically requires more time and resources to resolve disagreements between the parties. This includes court appearances, negotiations, and possibly hiring experts or conducting investigations. Divorce costs an average of $27,000.
Alternatively, an uncontested divorce in New York, in which both parties have agreed on all terms of the divorce, is generally less expensive. In this case, the parties can often file their divorce papers with the court and obtain a judgment without the need for a trial or other court appearances. The cost of an uncontested divorce in New York can range from several hundred to several thousand dollars, and the average cost is $5,500.
It is a good idea to consult a lawyer for the cost of divorce in New York, as it varies in different cases. It is important to have a clear understanding of the costs, the legal process, and how to navigate the legal system.
Q: Who pays for divorce in New York?
A: In New York, each party is liable for their own legal bills and divorce-related expenditures. There are, however, certain exceptions to this rule. For example, if one side has significantly more financial resources than the other, a court may compel the wealthier party to pay some or all of the other party’s divorce legal expenses and charges. Furthermore, if one party is determined to have behaved in bad faith or participated in frivolous litigation, the court may require that party to pay some or all of the divorce’s legal expenses and costs.
Q: Is alimony mandatory in New York?
A: Alimony (also known as spousal support) is not mandated in New York and is determined by the facts of the case. Alimony is established by the court and is based on a number of variables, including:
- -Each party’s income and assets
- -The duration of the marriage
- -The parties’ age and health
- -Each party’s capacity to support themselves
Q: Does it matter who files for divorce first in New York?
A: It normally does not matter who files for divorce first in New York. The individual who applies for divorce is the “plaintiff.” The plaintiff’s responsibility is to start the divorce procedure by submitting the proper paperwork to the court. However, the party that files first may have significant strategic implications. For example, one party is seeking an order of protection or interim custody. It may be advantageous to be the first to file, as the court normally considers these matters at the start of the divorce process.
Q: What is the cheapest divorce you can get?
A: The cheapest divorce is one in which both parties can agree on all divorce conditions without the need for considerable legal intervention or court appearances. This is referred to as an uncontested divorce. Uncontested divorces are generally accomplished swiftly and cheaply since the parties can file their divorce papers with the court and get a judgment without the necessity for a trial or extra court appearances. Furthermore, the cost of an uncontested divorce can vary greatly depending on the specifics of the case. Still, it is normally less expensive than a contested divorce.
Expert New York Divorce Lawyers
The divorce attorneys at the Law Offices of Robert Tsigler, PLCC, have been practicing with clients like you for years. They know how to report transparent legal fees upfront so that you have no surprises later. They can also help you better understand other costs associated with divorce. Schedule a consultation today with a family lawyer at the Law Offices of Robert Tsigler, PLCC, to learn more about how you can minimize your divorce financial liabilities.