How Much Does a Divorce Lawyer Cost?
It depends on the state, the lawyer, and especially whether the spouses agree or fight, and official sources do not publish a typical price. Divorce lawyers may charge hourly (sometimes with a minimum fee) for a contested case or a fixed fee for an uncontested one; percentage (contingency) fees are generally not allowed, and a court may order one spouse to help pay the other's fees.
What the law says
- The Florida Bar says lawyers may not charge contingent fees in divorce cases. If the spouses agree on support, property, and custody, a lawyer can set a fixed fee as long as the case stays uncontested; in a contested case, a lawyer may quote a minimum fee plus hourly charges for additional time. The Florida Bar, Consumer Pamphlet: Attorney's Fees
- The Florida Bar says a court may order one spouse to pay all or part of the other spouse's attorney's fees and costs. The Florida Bar, Consumer Pamphlet: Attorney's Fees
- Example (Florida): under Florida Statutes § 61.16, the court may, after considering the financial resources of both parties, order a party to pay a reasonable amount for the other party's attorney's fees, suit money, and costs, including in enforcement and modification proceedings and appeals. Florida Statutes § 61.16 (Florida Legislature)
- Example (California): Rule 5.427 of the California Rules of Court governs requests for attorney's fees and costs based on financial need under Family Code sections 2030, 2032, 3121, 3557, and 7605. The requesting party files a Request for Order (FL-300), a Request for Attorney's Fees and Costs Attachment (FL-319) or comparable declaration, an Income and Expense Declaration (FL-150), and a supporting declaration (FL-158) or comparable declaration. California Rules of Court, Rule 5.427
- Example (California): court filing fees are separate from the lawyer's fee. As of January 1, 2026, the fee is $435 for a petition for dissolution of marriage, legal separation, or nullity, $435 for a response, and $870 for a joint petition (other than summary dissolution); these fees vary in Riverside, San Bernardino, and San Francisco counties because of a local courthouse construction surcharge. Superior Court of California, Statewide Civil Fee Schedule (effective January 1, 2026)
- Example (California): a court fee waiver may be available to people who receive certain public benefits, whose household income is below a set amount, or who cannot afford basic needs and court fees. It can cover filing fees, response fees, and some other court costs, but not lawyer fees. California Courts Self-Help Guide, Ask for a Fee Waiver
- Example (California): the state courts' self-help guide says limited-scope representation, where a lawyer handles some parts of a case and you handle others, can help you save money compared with full representation. California Courts Self-Help Guide, Limited-scope representation
- Example (California): Rule 5.425 recognizes two kinds of limited-scope representation in family law: noticed representation, where the lawyer and party notify the court using form FL-950, and undisclosed representation, where a lawyer helps draft documents without appearing in the case. California Rules of Court, Rule 5.425
- Example (California): every superior court in California has free legal help available in family law, regardless of income. Self-help center staff can explain your case, help with forms, and explain your options but cannot give legal advice or go to court for you; family law facilitators can help fill out forms and figure out support amounts. California Courts Self-Help Guide, Court-based self-help services
FAQ
Can a divorce lawyer charge a percentage of what I receive?
Generally not. In California, Rule 1.5 bars any family-law fee that depends on securing a divorce or on the amount of spousal or child support or a property settlement.
Can my spouse be ordered to pay my lawyer?
Yes, in some cases. In Florida, the court may order a party to pay a reasonable amount for the other party's attorney's fees after considering both parties' financial resources.
Is there a flat fee for an uncontested divorce?
Sometimes. The Florida Bar says a lawyer can set a fixed fee when spouses agree on all matters, as long as the case stays uncontested.
Can I hire a lawyer for only part of my divorce?
In many states, yes. California's courts call this limited-scope representation and say it can help you save money.
Is there free help with divorce paperwork?
In California, every superior court has free family law help, and income does not matter, though staff can't give legal advice.
Where can I find civil legal aid?
The Legal Services Corporation funds civil legal aid for low-income Americans and offers a search tool to find the LSC-funded organization serving your area.
Related
- Contested vs. Uncontested Divorce
- Do I Need a Lawyer for a Divorce?
- How Long Does a Divorce Take?
- How to File for Divorce, Step by Step
- Is Child Support Taxable?
- Joint vs. Sole Custody: What's the Difference?
- What Is a Divorce Decree?
- What Is Common-Law Marriage?
- What Is a No-Fault Divorce?
- Who Claims the Child on Taxes After Divorce?
- Divorce & Family Law by state
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.