You’ve undoubtedly heard many stories about how expensive getting a divorce can be, especially in New York. 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 York? What are the factors that can make it cost more or less? And how long does the process take?
The Cost of Divorce Lawyers in New York
In 2015, and again in 2019, we surveyed our readers in New York who had recently been through a divorce. We also reviewed information reported by New York divorce lawyers about their fees and billing practices.
Nearly 8 in 10 of the readers we surveyed in New York in 2019 hired a divorce lawyer. If you choose to hire a divorce lawyer, your lawyer’s bill will likely be your biggest divorce expense. The total amount of your bill will depend on your lawyer’s hourly rate and the number of hours needed for your case.
Hourly Rates for New York Divorce Lawyers
Because every divorce is unique—and because it’s hard to predict how difficult it’ll be for a particular couple to resolve their disputes—nearly all divorce lawyers charge by the hour billed in increments of six minutes (one-tenth of an hour).
The New York lawyers in our 2019 study reported their minimum and maximum hourly rates. Across the state, the average minimum was $305 per hour, while the average maximum was $380 an hour.
Average hourly rates are likely to be higher now. According to Clio, a legal technology company, the average hourly rate for a New York lawyer practicing family law in 2023 was $387, which was substantially higher than the national average for family law attorneys that year ($312).
New York’s statewide averages are likely a reflection of the large number of attorneys from the greater New York City metropolitan area, where hourly rates are among the highest in the nation. If you live in a small town (especially in the western part of the state), you may find that family lawyers charge lower-than-average rates.
Along with location, specialized training and experience are key factors impacting lawyers' hourly rates. Our 2019 study showed that average hourly rates climbed in tandem with accumulated years of practice. However, that doesn’t necessarily translate into a larger total bill; depending on the particulars of your case, it might take less time for an experienced specialist to resolve problems than it would for a lawyer who is new to family law practice.
Total Typical Cost of a Divorce Lawyer in New York
Just over 80% of our readers who hired legal help hired “full scope” attorneys to handle everything in their divorce from start to finish, spending an average of $13,000 to $16,000 on attorneys' fees. Of course, those are just averages. Averages don’t reflect the individual circumstances that could make your divorce cost more or less, such as the number of contested issues (more on that below).
Your costs will almost certainly be lower if you work with a consulting attorney to help you with a clearly defined part of your case, such as reviewing a separation agreement or preparing for a divorce settlement conference. This approach, sometimes called “unbundled” or limited scope” legal services, isn’t for everyone (only 10% of New York readers in our survey went this route), but it can bring costs down if you feel confident about representing yourself with limited legal assistance.
How Much Does a DIY or Online Divorce Cost in New York?
Of course, not everyone wants (or can afford) to hire a divorce attorney. You can choose to do it yourself or file for divorce online.
DIY Divorce
You can represent yourself in your divorce, but you’ll have to:
- follow New York 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 York Courts offer resources to help you get through the divorce process, including free forms and instructions on completing forms. Many counties also have Family Court Help Centers and other community organizations to help get you through the divorce process.
Online Divorce
Online divorce is an increasingly popular option for people who want to minimize the expense and hassle of divorce. 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).
Online divorce services aren’t appropriate in all situations. You might be a good candidate if:
- you’re involved in an uncontested 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 Divorce Costs in New York
Many divorcing couples fight over one or more important issues, especially:
- child custody and support
- alimony (also known as spousal maintenance in New York), and
- the division of marital property and debts.
These disputes are the main drivers of divorce costs. If you and your spouse can’t agree on these issues, your lawyer will have to spend a lot more time on tasks like discovery (requesting and exchanging financial documents and other information), filing motions, and attending court hearings on issues like temporary support. It also takes time to negotiate a fair settlement agreement, and even more time if settlement talks fail and you have to go to trial. The more time your lawyer spends on your case the more your divorce will cost you.
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 a New York divorce with no contested issues was $5,000 to $6,000.
- Divorces involving one dispute that settled before trial cost an average of $7,000 to $8,000.
- Cases involving two or more disputes but no trial cost more—$12,000 to $14,000.
- Costs skyrocketed when New York spouses went to trial, ranging from $16,000 to $20,000 trial on one issue and $22,000 to $27,000 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 York law recognizes “fault” and “no-fault” grounds for divorce. (N.Y. Dom. Rel. Law § 170 (2024).)
You can seek a no-fault divorce if you and your spouse have been separated for at least one year or if your relationship has "broken down irretrievably" for at least six months.
If you can’t or don’t want to get a no-fault divorce, you’ll have to file for a fault-based one. 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 York 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 consult with an experienced family lawyer who can evaluate your situation and help you decide whether the benefit of doing so would outweigh the added cost and stress that comes with this type of divorce.
Filing Fees and Other Divorce Costs in New York
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. As of 2024, the minimum filing fee for a divorce in New York is $335 ($210 to obtain an index number and $125 Note of Issue fee), but fees are always subject to change.
Other potential divorce expenses include:
- mediation costs
- a child custody evaluation, and
- fees for other experts like appraisers and financial analysts.
In our 2019 survey, New York readers reported paying an average of $2,000 in expenses other than attorneys’ fees, which was higher than the national average of $1,600. Here again, you can expect higher-than-average costs if you have multiple issues in your divorce and if you go to trial—and much lower expenses if you quickly work out any disagreements 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 York?
Once you’ve met the residency requirement and filed your divorce in New York, there’s no formal waiting period before a judge can enter a decree of divorce (final order) in your case.
Many of the same factors that raise the cost of divorce also play a part in how long it takes to complete a divorce. Your divorce could drag on—even beyond the national average of 12 months—if you have multiple disputes with your spouse and can’t settle those disputes without a trial. Fault divorces also take longer because it takes more time to gather the evidence and prove the claims of misconduct in court.
For couples who qualify, New York has a relatively quick and simple DIY divorce process called an “uncontested divorce.” Among other requirements, you and your spouse must have no children under 21 and must agree on all of the issues in your case.
More Information on New York Divorce
Divorce in New York can be expensive and time-consuming—not to mention emotionally draining. If your situation involves a custody dispute, complicated financial issues, or significant conflict, talk to a divorce lawyer.
But not everyone needs (or can afford) a divorce lawyer. 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 New York:
