
Divorce is one of the most financially consequential events a person can go through. The legal fees and court costs get most of the attention, but they rarely tell the full story. From filing a petition to splitting retirement accounts to maintaining two households where there was once one, the total price tag of ending a marriage often far exceeds what people anticipate at the outset. In this article, Skillern Firm Divorce & Child Custody Lawyers, a Texas family law firm, examined what divorce actually costs in every U.S. state — and why the biggest expenses often come after the decree is signed.
According to Martindale-Nolo Research, the average cost of a divorce in the United States is $11,300, with a median of $7,000. Those figures, however, do not reflect a wide range of outcomes. For divorces that go to full litigation, costs can reach much higher.
Where You File Matters
State laws govern filing fees, waiting periods, mandatory mediation requirements, and how marital assets are divided. Each of those variables carries a price.
In 2025, most state filing fees range from $70 to $435. That figure alone can differ by hundreds of dollars depending on where a couple lives. California has a $435 filing fee, with attorney fees averaging $13,800 for contested cases. Texas has a $300 average filing fee, with attorney costs running approximately $12,400. New York’s filing fee averages $335, with legal fees that can reach $13,500.
High-cost metro areas like New York, Los Angeles, and San Francisco have the highest hourly attorney rates, driven largely by the overhead costs of operating law firms in those markets. Midwest and Southern states generally offer more affordable legal services, though court filing fees still vary widely, sometimes even by county.
At the lower end of the cost spectrum, states like North Dakota, Mississippi, Wyoming, and South Dakota consistently rank among the least expensive places to divorce, with North Dakota recording the lowest overall average divorce cost in the country.
Contested vs. Uncontested: The Biggest Cost Driver
Whether the parties agree on terms is, by most measures, the most consequential factor in what a divorce ultimately costs.
According to the Martindale-Nolo survey of divorcing couples, an uncontested divorce where both spouses hired lawyers cost an average of $4,100, including attorneys’ fees. Meanwhile, couples who handled an uncontested divorce themselves often paid only a few hundred dollars in court filing fees, which range from about $100 to over $400 depending on the state. A contested divorce, where at least one major issue remains unresolved, can run significantly higher and take considerably longer, with timelines often stretching a year or more depending on court schedules and the complexity of disputes.
Among divorces that involved disputes but were ultimately settled without going to trial, average costs came in around $10,600. For those that proceeded all the way to trial, average costs climbed to $20,379 or more, per Martindale-Nolo Research.
The issues most likely