How Much Does Divorce Cost in New York? 2026 Complete Breakdown

Divorce is one of the most significant financial decisions you'll ever make. If you're considering divorce in New York, you're probably wondering: "How much is this going to cost me?"

The answer isn't simple. New York divorce costs range from around $700 for simple uncontested cases using online services to over $50,000 for complex, contested divorces requiring extensive litigation. The final price tag depends on whether you and your spouse agree on terms, whether you hire an attorney, and how complicated your financial and custody situation is.

This comprehensive guide breaks down every expense you might face in a New York divorce, from court filing fees to attorney costs, and shows you realistic cost ranges for different types of divorces. Whether you're planning to handle it yourself or hire a lawyer, you'll know exactly what to budget.

New York Divorce Cost at a Glance

Here's what you can expect to pay for divorce in New York in 2026:

Simple Uncontested Divorce

With Professional Online Service:

• Filing fees: $200-$350

• Service costs: $8-$75

• Document preparation service: $499-$1,999

• Total: $700-$2,500

Uncontested Divorce with Attorney

When you want legal representation:

• Filing fees: $200-$350

• Attorney fees: $1,500-$5,000

• Total: $2,000-$6,000

Contested Divorce

When you can't agree on terms:

• Filing fees: $200-$350

• Attorney fees: $8,000-$30,000+

• Additional costs: $2,000-$15,000+

• Total: $10,000-$50,000+

The single biggest factor in your divorce cost is whether you can reach agreements without court battles. Uncontested divorces where both spouses cooperate cost a fraction of contested divorces that require litigation.

New York Court Filing Fees

To file for divorce in New York, you must file with the Supreme Court. Filing fees vary by county but generally range from $200-$350.

Typical Filing Costs

Standard Divorce Petition: $335 (typical)

Service of Process:

• Sheriff service: $8-$50 (cheapest option)

• Private process server: $50-$150 (faster, more reliable)

• Certified mail: $8-$15 (only if spouse agrees to waive service)

Additional Court Fees:

• Motion filing fees: $25-$75 each

• Subpoena fees: $10-$25 each

• Court reporter (if needed): $100-$300/day

• Transcript costs: $3-$5/page

Filing Fees by Major County

Filing fees in New York's largest counties:

New York City: Check with county clerk for current fees
Buffalo: Check with county clerk for current fees
Rochester: Check with county clerk for current fees

Contact your county's Supreme Court clerk's office for exact current filing fees, as these can change annually.

Attorney Fees in New York

Attorney fees represent the largest expense in most New York divorces. Costs vary significantly based on your location, the attorney's experience, and your case complexity.

Hourly Rates by Region

Major Metropolitan Areas (New York City, Buffalo, Rochester):

• Entry-level attorneys: $300-$600/hour (lower end)

• Mid-level experience: $300-$600/hour (mid-range)

• Senior/specialized attorneys: $300-$600/hour (higher end)

Rural New York:

• Entry-level attorneys: $200-$350/hour

• Mid-level experience: $200-$350/hour

• Senior attorneys: $200-$350/hour

Retainer Fees

Before an attorney starts working on your case, they'll require a retainer (upfront deposit):

Simple Uncontested Divorce:

• Retainer: $1,500-$3,000

• Often flat fee instead of hourly

Contested Divorce:

• Initial retainer: $5,000-$15,000

• May need to replenish during case

High-Conflict or Complex Cases:

• Initial retainer: $15,000-$30,000+

Total Attorney Fees by Case Type

Simple Uncontested Divorce:

• $1,500-$3,500 total

• Both spouses agree on everything

• Attorney prepares and files paperwork

• Minimal court involvement

• Often charged as flat fee

• Typically resolved in 2-4 months

Uncontested with Negotiation:

• $3,000-$6,000 total

• Some disagreements to work through

• Attorney negotiates settlement

• Resolved in 3-6 months

Moderately Contested:

• $8,000-$20,000 total

• Disputes over property or custody

• Discovery process

• Multiple court hearings

• Possible mediation

• Settlement before trial

• 6-12 months to resolve

Highly Contested (Goes to Trial):

• $20,000-$50,000+ total

• Cannot reach agreement

• Full trial preparation

• Expert witnesses

• Multiple days in court

• 12-24 months to resolve

Complete New York Divorce Cost Breakdown

Beyond court filing fees and attorney costs, New York divorces involve many other potential expenses.

Property and Asset Valuation

Real Estate Appraisals:

• Home appraisal: $300-$600

• Multiple properties: $300-$600 each

• Commercial property: $1,000-$5,000+

Business Valuations:

• Small business: $2,500-$10,000

• Mid-size business: $10,000-$25,000

• Complex business: $25,000-$50,000+

Pension and Retirement Valuations:

• Simple pension: $500-$1,000

• Complex pension/401(k): $1,000-$2,000

• Multiple retirement accounts: $1,500-$3,000

Financial Experts and Specialists

Forensic Accountant:

• Hourly rate: $200-$500

• Typical engagement: $3,000-$15,000

• Used for: Tracing hidden assets, business income analysis

Tax Consultant:

• Hourly rate: $150-$400

• Consultation: $500-$2,000

Financial Planner:

• Hourly rate: $150-$350

• Divorce planning: $1,000-$3,000

Custody-Related Costs

Guardian ad Litem (GAL):

• Hourly rate: $150-$300

• Total cost: $3,000-$10,000

• Fees typically split between parents

Custody Evaluation:

• Psychologist/evaluator: $200-$400/hour

• Complete evaluation: $5,000-$15,000

Parenting Classes:

• Often required in New York

• Cost: $25-$100 per parent

Therapy and Counseling:

• Individual therapy: $75-$200/session

• Child therapy: $75-$200/session

• Family therapy: $100-$250/session

Mediation Costs

Private Mediation:

• Hourly rate: $100-$500

• Typical total: $1,000-$5,000

• Split between spouses usually

• Can save thousands vs. litigation

Attorney-Mediator:

• Higher rates: $250-$500/hour

• More legal expertise

• Can draft binding agreements

Post-Divorce Costs

QDRO (Qualified Domestic Relations Order):

• Attorney preparation: $500-$2,500

• Required to divide retirement accounts

Property Transfer Costs:

• Deed preparation: $100-$300

• Recording fee: $50-$100

• Title search: $200-$400

Mortgage Refinancing:

• If keeping house and removing spouse from loan

• Closing costs: $2,000-$5,000

Estate Planning Updates:

• New will: $300-$1,000

• Power of attorney: $100-$300

• Beneficiary changes: Often free

Uncontested Divorce Costs in New York

An uncontested divorce means both spouses agree on all terms: property division, debt allocation, spousal support (if any), and if you have children, custody and support arrangements.

What Makes a Divorce Uncontested

Requirements:

• Both spouses agree to divorce

• Agreement on property division

• Agreement on debt responsibility

• Agreement on spousal support (or that none is needed)

• If children: Agreement on custody, parenting time, and child support

• Both willing to cooperate with process

• Full financial disclosure from both parties

Benefits:

• Significantly lower cost

• Faster resolution (2-6 months typically)

• Less stressful

• More control over outcome

• Better for children

Uncontested Divorce Cost Options

Online Divorce Service (Divorce.com):

Our most popular option for uncontested divorces:

Paperwork Only - $499

• State-specific New York forms

• Step-by-step guidance

• You file and serve yourself

• Plus court filing fees: $200-$350

We File For You - $999 ⭐ Most Popular

• Everything in Paperwork Only

• Dedicated case manager

• We file electronically with court

• We handle spouse signature collection

• Personalized documentation

• Plus court filing fees: $200-$350

Fully Guided - $1,999

• Everything in We File For You

• Mediation sessions included

• Complete support through finalization

• Plus court filing fees: $200-$350

Uncontested Divorce with Attorney:

Flat Fee Arrangement:

• Attorney fee: $1,500-$3,500

• Court filing fee: $200-$350

• Service costs: $8-$75

• Total: $1,700-$4,000

When Uncontested Divorce Works Best

Ideal Situations:

• Marriage under 10 years

• No children or children are older

• Few assets to divide

• Minimal debt

• Both spouses employed

• Neither spouse seeking spousal support

• Good communication between spouses

Contested Divorce Costs in New York

A contested divorce means you and your spouse cannot agree on one or more key issues, requiring court intervention.

What Makes a Divorce Contested

Common Points of Contention:

• Property division disputes

• Business valuation disagreements

• Custody battles

• Disagreement on spousal support

• One spouse hiding assets

• Disputes over debt responsibility

Contested Divorce Cost Breakdown

Attorney Fees:

• Initial retainer: $5,000-$15,000

• Total attorney fees: $8,000-$30,000+

• Trial preparation adds: $5,000-$20,000

Court Costs:

• Filing fees and motions: $500-$2,000

• Depositions: $500-$3,000

• Court reporter/transcripts: $500-$2,000

Expert Witness Fees:

• Guardian ad Litem: $3,000-$10,000

• Custody evaluator: $5,000-$15,000

• Property appraisals: $500-$2,000

• Business valuation: $2,500-$15,000

• Forensic accountant: $2,000-$10,000

Total Contested Divorce Range:

• Low end (settled before trial): $10,000-$20,000

• Mid-range (some trial preparation): $20,000-$35,000

• High end (full trial): $35,000-$50,000+

Factors That Increase Costs

1. Child Custody Disputes
The single most expensive issue - can add $15,000-$40,000 due to GAL fees, custody evaluations, expert witnesses, and multiple hearings.

2. Business Ownership
Valuing and dividing a business adds $5,000-$50,000+ in valuation and expert fees.

3. Multiple Properties
Each property needs appraisal, refinancing analysis, and negotiation.

4. Hidden Asset Allegations
Forensic accounting and private investigators can add $5,000-$25,000.

5. High-Conflict Personality
More motions, emergency hearings, and extended litigation significantly increase costs.

Hidden Costs of Divorce in New York

Beyond obvious legal fees, divorce carries many hidden expenses.

Costs During the Divorce Process

Time Away from Work:

• Court dates during business hours

• Meetings with attorneys

• Lost income: $500-$5,000+

Separate Living Arrangements:

• If one spouse moves out during process

• Rent/mortgage, utilities, moving costs

• Can total: $5,000-$20,000

Mental Health Support:

• Individual therapy: $75-$200/session

• Typical 10-20 sessions: $750-$4,000

Child Therapy:

• Helping children cope: $75-$200/session

• Typically 5-15 sessions: $375-$3,000

Post-Divorce Financial Impact

Dividing Retirement Accounts:

• QDRO preparation: $500-$2,500 per account

Property Transfer and Refinancing:

• Removing spouse from mortgage: $2,000-$5,000

• Deed transfer and recording: $200-$500

• Total for keeping marital home: $3,000-$8,000

Two Household Expenses:

• Living costs nearly double

• Annual increased cost: $10,000-$30,000

Insurance Changes:

• New health insurance: $200-$600/month

• New auto insurance: May increase $20-$100/month

Tax Implications:

• Filing status changes

• Lost deductions

• First year post-divorce often higher taxes: $1,000-$10,000

Opportunity Costs

Forced Asset Sales:

• Selling investments at inopportune time

• Potential lost gains: $10,000-$100,000+

Career Impact:

• Missing work for court dates

• Stress affecting performance

• Lost advancement opportunities

Ways to Reduce Your New York Divorce Costs

The difference between a $2,000 divorce and a $50,000 divorce is often the choices you make.

1. Choose Uncontested Divorce When Possible

The Biggest Cost Saver:
Reaching agreements before or early in the process can save $10,000-$40,000 or more.

How to Get There:

• Start negotiating before filing

• Be willing to compromise

• Focus on fair, not winning

• Use mediation to bridge gaps

• Let go of smaller issues

Savings: $10,000-$40,000

2. Use Online Divorce Services for Uncontested Cases

Divorce.com Savings:
Our "We File For You" service at $999 (plus filing fees) provides professional document preparation, filing assistance, and support for a fraction of attorney costs.

Savings: $1,000-$4,000 compared to hiring an attorney for an uncontested case.

When It Works:

• You and spouse agree on major issues

• No complex business assets

• Straightforward custody arrangement

• Both spouses willing to cooperate

3. Use Limited Scope Representation

"Unbundled" Legal Services:
Hire an attorney for specific tasks only:

• Document review only

• Legal advice consultation

• Single court appearance

• Settlement negotiation only

Typical Costs:

• Consultation: $200-$500

• Document review: $300-$800

• Single court appearance: $500-$1,500

Savings: $3,000-$15,000 depending on tasks you handle yourself.

4. Prioritize Mediation Over Litigation

Why Mediation Works:

• Neutral third party facilitates discussion

• Much faster than court

• Significantly cheaper

• Better for children

Mediation Costs:

• Private mediator: $100-$500/hour

• Typical total: $1,000-$5,000

Litigation Costs:

• Attorney-led negotiation: $5,000-$15,000

• Trial preparation and attendance: $15,000-$40,000

Savings: $5,000-$30,000 by settling in mediation.

5. Do Your Own Preparation and Organization

Tasks You Can Handle:

• Gather financial statements

• Organize tax returns

• List assets and debts

• Compile property records

• Create inventories

Savings: $500-$3,000 in attorney time.

6. Communicate Efficiently with Your Attorney

Smart Communication Habits:

• Batch your questions

• Use email when possible

• Be prepared for calls

• Don't use attorney as therapist

Savings: $500-$3,000 by reducing unnecessary attorney time.

7. Avoid Unnecessary Court Battles

Pick Your Battles:
Not every disagreement needs court intervention.

Cost of Motions:

• Filing fee: $25-$75

• Attorney time to prepare: 3-10 hours ($600-$3,000)

• Attorney time for hearing: 2-4 hours ($400-$1,200)

• Total per motion: $1,025-$4,250

Savings: $2,000-$10,000 by compromising on minor issues.

8. Be Honest and Forthcoming

Hiding Assets or Information Backfires:

• Forensic accounting to find what you hid: $5,000-$15,000

• Additional attorney fees: $3,000-$10,000

• Court sanctions: $1,000-$5,000

Savings: $10,000-$30,000 by being honest from the start.

Fee Waivers in New York

If you cannot afford court filing fees, New York law allows you to request a fee waiver.

Who Qualifies for Fee Waiver

Income Guidelines:
You may qualify if your household income is at or below 125% of the federal poverty guidelines.

2026 Federal Poverty Guidelines (125%):

• Individual: $15,060/year ($1,255/month)

• Family of 2: $20,440/year ($1,703/month)

• Family of 3: $25,820/year ($2,152/month)

• Family of 4: $31,200/year ($2,600/month)

• Add $5,380 for each additional person

Other Qualifying Factors:

• Receiving means-tested public assistance (SNAP, TANF, Medicaid, SSI)

• Income barely above guidelines but can demonstrate financial hardship

How to Request Fee Waiver

Step 1: Complete Affidavit of Indigency

• Available from your county court clerk

• Must be completed truthfully under penalty of perjury

Step 2: Provide Required Information

• Monthly income from all sources

• Public assistance received

• Assets owned

• Monthly expenses

• Dependents you support

Step 3: Submit to Court

• File with your divorce petition or separately

• Court reviews and approves/denies

What Gets Waived

If Approved:

• Filing fee for petition

• Service of process costs

• Motion filing fees during case

What Is NOT Waived:

• Attorney fees

• Expert witness costs

• Appraisal fees

• Mediation fees

Divorce.com: Your Affordable New York Divorce Solution

At Divorce.com, we believe divorce shouldn't cost as much as a car. We've helped over 1 million couples get divorced affordably and with dignity.

Our New York Divorce Services

Paperwork Only - $499

• Complete New York-specific divorce forms

• Step-by-step guidance

• All documents prepared

• You handle filing and serving

We File For You - $999 ⭐ Most Popular

• Everything in Paperwork Only

• Dedicated case manager

• We file documents electronically

• We handle spouse signature collection

• Personalized documentation

• Email and phone support

Fully Guided - $1,999

• Everything in We File For You

• Professional mediation sessions

• Help negotiating parenting plans

• Complete support through finalization

Why Choose Divorce.com

Save Money:

• 90-95% less expensive than traditional attorney

• Transparent, upfront pricing

• No hidden fees

Expert Support:

• Over 20 years helping couples

• New York-specific legal documents

• Knowledgeable support team

Fast and Convenient:

• Complete everything online

• No office visits required

• Most cases finalize in 2-4 months

Trusted by Over 1 Million Couples:

• A+ Better Business Bureau rating

• Money-back guarantee

New York Residency and Waiting Period Requirements

Residency Requirement:

• 1-2 years depending on circumstances before filing

Waiting Period:

• None after filing

Understanding these requirements helps you plan your divorce timeline and budget accordingly.

Tax Implications of Divorce Costs

What Divorce Costs Are Tax Deductible

Since 2018, most divorce-related expenses are NOT tax deductible:

Not Deductible:

• ❌ Attorney fees for divorce

• ❌ Court filing costs

• ❌ Mediation fees

• ❌ Guardian ad Litem costs

• ❌ Custody evaluation fees

Possibly Deductible:

• ✅ Attorney fees specifically for tax advice

• ✅ Fees to determine tax consequences

Other Tax Considerations

Property Transfers:

• Property transfers between spouses as part of divorce are generally tax-free

Retirement Account Divisions:

• QDRO prevents taxes and penalties

• Without QDRO, withdrawal triggers taxes and 10% penalty

Alimony (Spousal Support):

• For divorces finalized after December 31, 2018:

  • Alimony is NOT deductible for payer

  • Alimony is NOT taxable income for recipient

Child Support:

• Never deductible for payer

• Never taxable for recipient

FAQ: New York Divorce Costs

How much does the average divorce cost in New York?

The average contested divorce in New York costs $15,000-$30,000 including attorney fees and court costs. Uncontested divorces where spouses agree on terms cost $700-$6,000 depending on whether you use an online service, limited representation, or full attorney services.

What is the cheapest way to get divorced in New York?

The most affordable option is using an online divorce service like Divorce.com for uncontested cases. Our "We File For You" service costs $999 plus court filing fees ($200-$350), totaling approximately $1,200-$1,350. This includes professional document preparation, filing assistance, and case management support.

Do I have to pay for my spouse's divorce attorney in New York?

Generally, each spouse pays their own attorney fees. However, New York courts can order one spouse to pay the other's attorney fees if there's a significant income disparity and the requesting spouse demonstrates financial need.

Can I get a free divorce in New York?

You can get filing fees waived if you qualify as indigent under New York law (income at or below 125% of federal poverty guidelines). However, fee waivers don't eliminate attorney costs. Legal Aid organizations may provide free representation if you qualify.

How much does a divorce lawyer cost in New York?

New York divorce attorneys charge $300-$600 per hour in major metropolitan areas and $200-$350 per hour in rural areas. Total fees range from $1,500 for simple uncontested cases to $30,000-$50,000+ for contested divorces requiring trial.

What if I can't afford a divorce in New York?

Options include: (1) Apply for court fee waiver, (2) Contact Legal Aid for free representation if you qualify, (3) Use affordable online divorce service like Divorce.com, (4) Seek limited scope representation, (5) Set up payment plan with attorney, (6) File pro se (represent yourself).

How much does mediation cost in New York?

Mediation in New York costs $100-$500 per hour depending on the mediator's experience. Most divorcing couples spend $1,000-$5,000 total on mediation, which is much cheaper than going to trial.

Are divorce attorney fees tax deductible?

No. Since 2018, divorce attorney fees and court costs are not tax deductible. However, fees specifically for tax advice may be partially deductible.

How much does a Guardian ad Litem cost in New York?

Guardian ad Litem costs in New York typically range from $3,000-$10,000. GALs charge hourly rates of $150-$300 and fees are usually split between parents.

How long does it take to get divorced in New York?

Uncontested divorces in New York typically take 2-4 months. Contested cases take 6-18 months depending on complexity. New York requires None waiting period after filing.

Disclaimer: This guide provides general information about New York divorce costs but is not legal or financial advice. Costs vary significantly based on individual circumstances. Consult with a qualified New York family law attorney about your specific situation.

Last Updated: February 2026