You’ve no doubt heard a lot of stories about how much it can cost to go through a divorce. But if you’re thinking about ending your marriage, or you’ve already started the process, you probably want more specifics. How expensive is a typical divorce in Massachusetts? And what are the factors that can raise or lower those typical costs?
The Cost of Divorce Lawyers in Massachusetts
Many people hire a lawyer to help them through the divorce process. If you choose to work with a divorce lawyer, your biggest divorce expense will be your lawyer’s bill. The total amount of the bill will depend on your lawyer’s hourly rate and the number of hours the lawyer spends on your case.
How Much Do Massachusetts Divorce Lawyers Charge per Hour?
In 2019, we studied the fees and billing practices reported by family law attorneys practicing in Massachusetts. The Massachusetts lawyers in our study reported their minimum and maximum hourly rates. Across the state, the average minimum was $250 per hour, while the average maximum was $305 an hour.
Average hourly rates are likely to be higher now. According to Clio, a legal technology company, the average hourly rate for a Massachusetts family law attorney in 2023 was $332, which is higher than the national average rate for family law attorneys that year ($312).
Your lawyer might charge more or less than the average rate for many reasons, including:
- Location. Lawyers in big cities like Boston generally charge higher-than-average rates. Lawyers who work in smaller towns with a lower cost of living tend to charge less.
- Size of firm. Attorneys who work in big, prestigious law firms tend to charge more per hour than attorneys in small firms and solo practitioners.
- Expertise in family law. Attorneys with years or decades of specialized experience in family law usually charge more per hour than average. But that doesn’t necessarily translate into a higher total bill. Experienced lawyers may charge more per hour, but require fewer hours than their less-experienced counterparts.
- The cost of support staff. Some lawyers rely on paralegals and other support staff to do routine legal research and prepare documents, which can potentially save you money. Support staff can bill for substantive legal work, but at a much lower rate than lawyers. As reported by Clio, the average hourly rate for nonlawyers working on cases in Massachusetts in 2023 was $184.
What’s the Typical Total Cost for a Massachusetts Divorce Lawyer?
Many people who hire divorce lawyers choose what’s called “full scope representation,” meaning the lawyer handles everything in their divorce from start to finish. Consulting attorneys, on the other hand, offer “limited scope” or “unbundled” services to help with a clearly defined part of the case, such as reviewing a divorce settlement agreement.
In 2019, and before that, in 2015, we surveyed our readers who’d recently gotten divorced. Our analysis of the data from our reader survey and attorney-fee study revealed that the total average cost of a full-scope attorney in a Massachusetts 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 Massachusets?
You don’t have to hire a lawyer to get a divorce in Massachusetts. You can represent yourself (a “pro se” divorce) or use an online divorce service.
DIY Divorce
Many people represent themselves in divorce proceedings, usually to save money. If you handle your own divorce in Massachusetts, you’ll have to:
- follow state and local divorce laws
- get a certified copy of your marriage certificate
- find and complete all of the necessary divorce forms
- serve your spouse with forms
- go to court, and
- get a final divorce decree.
You can find court-approved divorce forms on Mass.gov. And Mass Legal Help offers free information about family law practices and procedures in the state, including divorce and separation. But even a DIY divorce isn’t free—you’ll still have to invest your time and pay filing fees.
Online Divorce
More and more people are turning to online divorce services to help keep divorce costs and hassles to a minimum. An online divorce service guides 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 the paperwork with the court for you).
DIY and Online Divorce Isn’t for Everyone
DIY and online divorce aren’t appropriate in all situations. You might be a good candidate for these lower-cost options if:
- you’re involved in a “no-fault” divorce
- your divorce is “uncontested” (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 your 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 Affect the Cost of Divorce in Massachusetts
Divorcing couples often disagree about one or more issues in their divorce, especially:
These disputes are the main drivers of divorce costs. If you and your spouse can’t agree on these matters, your lawyer will have to spend time on discovery—collecting financial documents, conducting depositions, and maybe hiring experts to analyze your finances or to give an opinion about the best custody arrangements for your children.
If your spouse doesn’t cooperate with the discovery process, your lawyer might have to prepare motions and attend court hearings on the issue. The same is true if either of you requests a temporary support order. It also takes time to negotiate a settlement agreement covering all of those issues. And if that doesn’t work, a divorce trial will require even more work (and billable hours) for your attorney.
We looked at the impact of disputes involving important issues on divorce costs in 2019 and learned the following:
- The average total cost of a divorce with no contested issues in Massachusetts was $3,900-$4,500.
- Divorce cases involving one dispute that settled before trial cost between $5,500 and $6,700.
- Cases involving two disputes but no trial cost more—$9,600 to $11,600.
- Average divorce costs jumped to between $13,100 to $15,800 with a trial on one issue and $17,900 to $21,600 with a trial on two or more issues.
The Impact of a “Fault” Divorce on Costs
In Massachusetts, divorce can be filed as “no-fault” or “fault,” and can be contested or uncontested.
1A Divorce (Uncontested No-Fault Divorce)
You can lower your divorce costs—as well as how long the process will take—if you and your spouse file for what’s called a “no-fault 1A divorce” in Massachusetts. To get this type of divorce you and your spouse both have to agree that the marriage is irretrievably broken and you must have a written agreement about all of the following issues:
- alimony
- dividing shared property (marital assets), and
- child custody, child support, and parenting time if you have children.
You can hire a lawyer or mediator to help you negotiate an agreement, or you and your spouse canwork it out on your own if that’s possible. If you’ve reached an agreement with a mediator or on your own, it's a good idea to have a lawyer review the agreement and alert you to any problems, which costs much less than having an attorney handle the entire divorce.
(Mass. Gen. Laws, ch. 208, § A (2023).)
1B Divorce (Contested No-Fault Divorce)
If you and your spouse don’t agree that your marriage is over, or you can’t agree on all of the issues in your divorce, you can file for a contested no-fault divorce, called a “no-fault 1B divorce” in Massachusetts. There will be extra steps and you’ll probably need to hire a lawyer to guide you through the process and protect your rights. Your costs, as discussed above, will depend on the number of disputes you have and how long it takes to resolve them.
(Mass. Gen. Laws, ch. 208, § 1B (2023).)
Fault Divorce
If you and your spouse can’t or don’t want to get a no-fault divorce, you’ll have to file for a “fault divorce.” Reasons (called “grounds”) for divorce grounds in Massachusetts include:
- adultery
- impotence
- desertion (abandonment)
- cruel and abusive treatment
- non-support, and
- alcohol or drug addiction.
Fault divorces can be very expensive because it will take time for your lawyer to gather evidence and go to court to prove (or disprove) the claims. If you’re considering filing for a fault divorce, talk to a lawyer about whether this path is worth the added time and expense.
(Mass. Gen. Laws, ch. 208, § 1 (2023).)
Filing Fees and Other Divorce Costs
Whether you hire a lawyer or not, you’ll have to pay a fee to file your divorce paperwork with the court, unless you qualify for a fee waiver. As of 2023, the filing fee for divorce in Massachusetts is $215.
Other potential divorce expenses include:
- mediation costs
- a child custody evaluation, and
- fees for other experts like certified accountants and investigators.
Our 2019 survey showed that the national average for these non-lawyer costs was $1,600. Your costs are likely to be higher than that if you have multiple contested issues in your divorce—or lower if you don’t.
Beyond the legal costs directly associated with a divorce, you’ll also have to budget for the so-called “soft” costs of divorce, such as moving, setting up and maintaining a separate household, therapy, and changes in your insurance and tax status.
How Long Does Divorce Take in Massachusetts?
To file for divorce in Massachusetts, you must have lived in the state for one year or you need to have lived in Massachusetts as a married couple, and the reason the marriage ended (the “grounds” for divorce”) needs to have happened there. (Mass. Gen. Laws, ch. 208, § 5 (2023).)
After you’ve filed your divorce papers, you and your spouse will have to attend a court hearing. If everything is in order and the judge grants your divorce, you’ll enter the “divorce nisi” period.
The divorce nisi is the time between when a judge grants your divorce and when the divorce becomes final. The divorce nisi period varies based on the type of divorce you’re getting:
- An uncontested no-fault divorce (1A divorce) becomes final 120 days after the judgment date.
- Contested divorces (1B and fault divorce) become final 90 days after the judgment date.
So, at a minimum, your divorce won’t be final until a total of 90-120 days from when the judge approves your agreement—plus whatever time it takes to get the court hearing scheduled. Be prepared to wait six months or longer for a contested hearing date.
The Probate and Family Court in Massachusetts has a standing order that estimates that a contested divorce should be resolved within 14 months. But your divorce may take more or less time depending on many factors, including the complexity of the legal issues involved and the level of acrimony between you and your spouse.
More Information and Resources on Massachusetts Divorce
Divorce can be costly—emotionally and financially. If your situation involves a custody dispute, knotty financial issues, or significant conflict, talk to a divorce lawyer.
But not everyone needs (or can afford) a lawyer for their divorce. Other options include representing yourself, using an online 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 Massachusetts:
- Massachusetts Court Service Centers
- Ask a Law Librarian
- Massachusetts Legal Resource Finder
- The Massachusetts Child Support Services Division, and
- The Massachusetts Bar Association Lawyer Referral Service.
