The Cost of Divorce

The cost of a divorce in Virginia can vary widely depending on factors such as the type of divorce, attorney fees, court costs, and any additional expenses related to property division, child custody, or support arrangements. 

Here’s a breakdown of what typically influences the cost of a divorce in Virginia and what you can expect.

1. Types of Divorce: Contested vs. Uncontested

Uncontested Divorce: In an uncontested divorce, both spouses agree on all aspects of the divorce, including property division, child custody, and support. This type of divorce is typically less expensive because it involves fewer court appearances and often requires less time and attorney involvement. In Virginia, an uncontested divorce can cost anywhere from around $500 to $1,500 in filing fees, court costs, and minimal legal fees if straightforward.

Contested Divorce: If spouses cannot agree on major issues, the divorce becomes contested, which means more legal proceedings and court time. Contested divorces often require extensive negotiation, mediation, or even a trial, increasing the complexity and cost. Depending on the number of issues in dispute, a contested divorce in Virginia can range from $5,000 to over $20,000 or more.

2. Attorney Fees

Attorney fees are a significant portion of divorce costs and vary depending on the attorney's experience, hourly rate, and the complexity of the case. In Virginia, average hourly rates for divorce attorneys range from $350 to $500+. Uncontested cases often require fewer billable hours, while contested cases with complex financial or custody issues can accumulate significant fees.

3. Court Fees and Filing Costs

Virginia has specific filing fees for divorce cases, which typically range from $75 to $100, depending on the county. Additional fees may be required for document service or other court filings, but these fees are generally low compared to other costs.

4. Additional Costs: Mediation, Experts, and Document Preparation

Mediation Fees: For contested cases, mediation can be an effective way to reach an agreement without a trial, but it does come at an additional cost. Mediators often charge between $100 and $300 per hour, and the total cost depends on the number of sessions needed.

Expert Witnesses and Evaluations: If your case involves complex financial matters, property valuation, or child custody evaluations, you may need to hire experts, which can add several thousand dollars to the total cost.

Document Preparation Services: If you choose not to hire an attorney, some individuals opt for document preparation services to assist with filing. These services typically cost a few hundred dollars and can be helpful for straightforward, uncontested divorces.

5. DIY or Low-Cost Options

For couples with no children or assets to divide, Virginia offers simplified procedures for filing a “no-fault” divorce, which can keep costs low. Many choose to handle their divorce themselves in these situations, paying only the filing fees. However, it’s crucial to ensure that all paperwork is completed accurately to avoid delays or complications.

6. Overall Estimated Cost Range

Uncontested Divorce: $500 to $1,500 if minimal attorney assistance is needed.

Contested Divorce: $5,000 to $20,000+, depending on complexity, attorney fees, and additional services required.

Why an Attorney Can Be Worth the Investment

While an uncontested divorce may not require significant legal assistance, hiring an experienced divorce attorney can be valuable in contested cases or when navigating complex financial or custody issues. An attorney can help you protect your interests, ensure legal accuracy, and guide you through negotiations, potentially saving you money and stress in the long run.

At SMITH | ASHCRAFT, we are here to help you understand the divorce process and the costs involved. 

Contact us today to discuss your options and learn how we can help you move forward with confidence.