You’ve no doubt heard a lot of stories about how expensive getting a divorce can be. But if you’re thinking about ending your marriage, or you’ve already started the process, you probably want specifics. Just how expensive is a typical divorce in New Jersey? What are the factors that make it cost more or less? And how long does the process take?
The Cost of Divorce Lawyers in New Jersey
Many people hire a lawyer to help them through the divorce process. And when they do, the lawyer’s bill will typically be their highest divorce cost. The total amount of your lawyer's bill will depend on the lawyer’s hourly rate and the number of hours needed for your case.
Hourly Rates for New Jersey Divorce Lawyers
In 2015, and again in 2019, we surveyed our readers in New Jersey who had recently been through a divorce. We also reviewed information reported by New Jersey divorce lawyers about their fees and billing practices. The New Jersey lawyers in our 2019 study reported their minimum and maximum hourly rates. Across the state, the average minimum was $295 per hour, while the average maximum was $340 an hour.
Average rates are likely to be higher now. According to Clio, a legal technology company, the average hourly rate for a New Jersey lawyer practicing family law in 2023 was $361.
Many factors influence how much an individual attorney will charge per hour, especially:
- Location. Attorneys in big, expensive cities usually charge higher rates than those in smaller towns. In our 2019 study, the average hourly rates for family lawyers in the greater New York metropolitan area, which includes Newark and Jersey City, were $315 minimum and $380 maximum.
- Family law experience and expertise. Attorneys with several years (or decades) of specialized family law practice generally charge more per hour than their less-experienced counterparts. But higher hourly rates don’t necessarily translate into significantly higher total bills because seasoned specialists can often resolve problems in your divorce in less time, which can mean fewer total hours on the bill.
- The cost of paralegals and support staff. Lawyers often rely on paralegals and other support staff for help with research and routine tasks, which can potentially save you money. Support staff can bill for substantive legal work, but typically at a much lower rate than lawyers. As reported by Clio, the average hourly rate for nonlawyers working on cases in New Jersey in 2023 was $174.
Total Typical Cost of a Divorce Lawyer in New Jersey
Most people who hire a divorce lawyer choose “full scope representation,” meaning the lawyer handles everything in their divorce from start to finish. (By contrast, a consulting attorney offers “limited scope” or “unbundled” services to help with a clearly defined part of the case, such as reviewing a divorce settlement agreement.)
In our 2019 survey, the average total cost of a full-scope attorney in a New Jersey divorce ranged from $10,600 to $12,800. You could end up paying significantly more—or less—than the average depending on the amount of conflict and other circumstances in your case.
How Much Does a DIY or Online Divorce Cost in New Jersey?
You don't have to hire a divorce lawyer in New Jersey. You can do it yourself or potentially file for divorce online.
DIY Divorce
You can represent yourself in your divorce, but you'll have to:
- follow New Jersey law and rules of court procedure
- find and complete all of the necessary court forms
- serve your spouse with the divorce forms
- potentially go to court, and
- finalize your divorce.
The New Jersey Courts publish approved divorce forms and information on how to complete the forms. You can find tips on how to represent yourself in court at the New Jersey Courts Self-Help Center. Finally, you can find free information and resources on many everyday legal issues, including divorce, at Legal Services of New Jersey (LSNJ).
Online Divorce
Online divorce is an increasingly popular option for people who want to save time and minimize the hassle of handling their own divorce. An online divorce service walks you through the paperwork you need for your situation and then tells you how to file it. The cost of online divorce services varies, but it's typically in the $150 to $750 range, with extra charges for additional services (such as filing paperwork with the court for you).
Online divorce services aren't appropriate in all situations. You might be a good candidate if:
- you're involved in a no-fault divorce (more on that below)
- you and your spouse agree on all of the important issues in your divorce
- you're aware of all of your marital assets and have access to financial records
- your spouse isn't represented by a lawyer, and
- a power imbalance or domestic violence hasn't been a part of the relationship.
How Disputes and Trial Raise the Cost of Divorce in New Jersey
Divorcing couples often disagree about important issues, especially:
- child custody and support
- alimony (also known as spousal maintenance in New Jersey), and
- the division of your property and debts.
These disputes—and the amount of time needed to resolve them—are the most important drivers of divorce costs. It takes time for your lawyer to collect financial documents and other information (in the process known as discovery) and try to negotiate a settlement agreement with your spouse’s attorney. Your lawyer may also have to prepare motions and represent you at court hearings (for example, if one of you requests temporary alimony or temporary child support). And if you end up going to trial, that will require even more of your attorney’s time
.
We looked at the impact of disputes involving these important issues on divorce costs in our 2019 survey and learned the following:
- The average total cost of New Jersey divorce when there were no contested issues was $4,500-$5,000.
- The average rose to $6,500-$7,500 when there was one dispute that resolved without a trial, and $11,000-$13,000 for two or more disputes that settled.
- When contested issues had to be resolved in court, the average costs were even higher: $15,000-$18,000 for trial on one issue and $21,000-$24,500 for trial on two or more issues.
The Impact of a “Fault” Divorce on Costs
When you file your initial paperwork, you have to list the legally accepted grounds for your divorce. New Jersey allows both “no-fault” and “fault” divorces. In a no-fault divorce, you simply state that “irreconcilable differences” have led to the breakdown of your marriage for at least six months—or that you and your spouse have lived separately and apart for at least 18 months—and that there’s no reasonable chance of reconciliation.
If you can’t or don’t want to get a no-fault divorce, you’ll have to file for a fault-based divorce. Fault-based divorces are typically more expensive than no-fault because you or your lawyer will have to gather evidence and prove that your spouse caused the end of the marriage for one of the reasons allowed by New Jersey law, such as adultery or abandonment. Defending against allegations that your misconduct ended the marriage is also expensive.
If you're considering filing for a fault-based divorce, you should at least speak to an experienced family lawyer who can evaluate your situation and help you decide whether there would be any benefit that would outweigh the added cost and stress that come with this type of divorce.
(N.J. Stat. § 2A:34-2 (2024).)
Filing Fees and Other Divorce Costs in New Jersey
Whether you hire an attorney or represent yourself in your divorce, you’ll have to pay court fees to file your divorce papers, unless you request and qualify for a waiver. You can find the current filing fee on the New Jersey Courts website. As of 2024, the fee was $300, plus a $25 Parent Workshop fee if there are children involved in the divorce.
Other potential divorce expenses include:
- mediation costs
- a child custody evaluation, and
- fees for other experts like appraisers and accountants.
Our 2019 survey showed that the national average for these non-attorney costs was $1,600. Here again, your costs may be higher or lower than the average depending on the number of disputes you have with your spouse.
Beyond the legal costs directly associated with a divorce, you’ll also have to plan for the so-called “soft” costs of divorce, such as the cost of moving, setting up and maintaining separate households, therapy, and changes in your insurance and tax status.
How Long Does Divorce Take in New Jersey?
To get a divorce in New Jersey, either you or your spouse must have been a New Jersey resident for the last 12 consecutive months. The only exception to this waiting period is when your reason for seeking divorce is based on your spouse's adultery.
New Jersey doesn’t have a mandatory waiting period before your divorce can be finalized. A judge may grant your divorce as soon as all of the necessary paperwork has been completed and all of the issues have been resolved. So, the same factors that can make a divorce more expensive in the state—multiple disputes, pursuing a fault divorce, and going to trial—can make it take longer. It takes time to conduct discovery, schedule depositions, go back and forth in settlement negotiations, and especially to prepare for (and wait for) court hearings and trial dates.
Your divorce could also take longer if you’re dealing with a spouse who uses intentional delaying tactics as a way to bully you into agreeing to a settlement that isn’t good for you. Working with a lawyer might help you in this type of situation.
(N.J. Rev. Stat. § 2A:34-10 (2024).)
More Information and Resources on New Jersey Divorce
Divorce in New Jersey can be expensive and time-consuming. If your situation involves a custody dispute, complicated financial issues, or significant conflict, talk to a divorce lawyer. If you’re concerned about the cost of an attorney, it might help to know that New Jersey law allows a judge to order one spouse to pay some or all of the other spouse’s legal and expert services if that’s reasonable and fair, considering the couple’s financial circumstances. (N.J. Rev. Stat. § 2A:34-23 (2024).)
But not everyone needs a divorce lawyer. Other options include representing yourself, using an online divorce service, and going to mediation. For help choosing the right path for your divorce, you can check out Divorcenet’s quiz.
And here are more resources on divorce in New Jersey:
- New Jersey Parent Link
- Divorce in New Jersey: A Self-Help Guide
- New Jersey Child Support Program, and
- Volunteer Lawyers for Justice (VLJ).
