Cost of Divorce in New Jersey
Divorces in New Jersey typically cost in the neighborhood of $12,000 to $15,000. However, this figure can vary based on factors like the following:
- The complexity of the case
- Whether the couple hires legal representation, a mediator, or alternative dispute resolution (ADR)
- The number of appeals or responses filed
- Court-related fees in the county
What is the average cost of a divorce in New Jersey?
No two divorces are identical, and everyone’s situation will be different when it comes time to finalize the details of a divorce. In general, however, you can expect to incur costs in the following areas when filing for a divorce in New Jersey.
Filing fees
Filing fees for divorce in New Jersey generally amount to around $300. An additional $25 fee may apply if there are children involved. These payments go directly to the court to start the divorce proceedings.
Attorney fees (if needed)
Divorce attorneys typically charge between $300 to $400 an hour. Some attorneys may also offer uncontested divorce services for a flat fee. It’s easy for attorney bills to skyrocket if you and your ex don’t agree on several points.
If you can use mediation to handle disagreements over the division of your property or child custody – as opposed to hiring an attorney to represent you in court – you can save significant money.
Court-related costs
If you must go in front of a judge, you will pay for about four hours of your lawyer’s time each time, plus their time to prepare and complete documents. You’ll also pay the fees associated with filing and taking up the court’s time. This is repeated every time it is necessary to stand in front of a judge.
Temporary support
If you are the financially responsible party, you may be ordered to pay alimony (spousal support) and/or child support during the divorce process. This amount is usually higher than what it will be by the end of the divorce when both spouses are fully employed and things like insurance and other factors are taken into consideration.
Other payments
If you need to move out of the marital home, you may find that you are also tasked with continuing to pay the mortgage while also paying for your new home, essentially maintaining two households until the details of settling the mortgage are decided.
Key facts about the cost of divorce in New Jersey
- New Jersey had a low divorce rate in 2021, with only 2.2% of married individuals ending their marriages per 1,000 population.
- Divorce attorneys' fees typically cost about $12,200, with some couples paying far less and many paying much more.
- Professional mediators typically charge much less than attorneys, ranging from $100 to $300 an hour for their services.
- To initiate divorce proceedings in New Jersey, filing fees usually amount to around $300 in total, with an additional $25 fee if children are involved. Later filings will incur additional fees if the case drags on.
The type of divorce heavily impacts the cost
The cost of your New Jersey divorce depends on the type of divorce you get.
Cost of uncontested divorce in New Jersey
In an uncontested divorce, both parties agree on the major points of the divorce settlement, such as property division, child custody arrangements, and support payments. The process is straightforward, faster, and cheaper than a contested divorce because there is no need for attorneys or lengthy court hearings.
A mediator can help you resolve disagreements so your divorce is an uncontested one. Hiring a mediator is much cheaper than hiring a divorce attorney.
Cost of contested divorce in New Jersey
Contested divorces are much more complex than uncontested divorces in New Jersey. If the divorce is contested, every point of disagreement could add up to hundreds, if not thousands, of dollars in attorney fees.
How much does it cost to file for divorce in New Jersey?
As mentioned, there is a $300 filing fee to file for divorce in New Jersey. You’ll pay an additional $25 to attend a parenting workshop, if you have a child.
If additional documentation is required by the court, you’ll pay additional filing fees.
How much does a divorce lawyer cost in New Jersey?
In New Jersey, divorce attorneys often charge between $300 to $400 per hour. Many require a retainer to begin work, and this is often at least a few thousand dollars.
Experienced lawyers have higher hourly rates, but their experience could result in more efficient work processes. This could potentially mean a lower bill overall.
Factors that affect the cost of a New Jersey divorce
Complexity of the case
Divorces that involve complex issues such as child custody, spousal support, substantial assets, or property disputes often take longer to settle and require more legal effort, leading to higher overall costs.
Alternative dispute resolution (ADR)
ADR offers an opportunity to settle divorce matters outside of court and possibly reduce costs. However, not all cases can be successfully managed via ADR.
Spousal cooperation
Cooperation between spouses can have an immense effect on the duration and cost of divorce proceedings. Disputes and contention between spouses tend to drive up expenses. If you can work out your disagreements via mediation, this is usually preferred since the process will be much less expensive and less stressful.
Are there other cost-effective options to divorce in New Jersey?
It is normal to disagree with a spouse somewhat about property division or child custody, but it does not necessarily require that you hire an expensive attorney to fight on your behalf. As long as both of you are open to compromise and recognize that no one is going to get everything they want in a divorce, there are a number of divorce options that are significantly less costly than hiring attorneys.
Do it yourself (DIY) divorce
Divorcing without legal representation means handling it yourself. This is an economic option when both spouses agree on the major issues and have an amicable divorce that's uncontested. Fill out all necessary forms, manage the legal process yourself, and produce any requested information, and you’ll keep your costs to only the filing fees.
Mediation
If you and your spouse are interested in a DIY solution but need help resolving specific issues, mediation provides you with a neutral third party to assist you. This is far less expensive than hiring an attorney and much faster as well, helping you both to get your needs met fairly and with less expense.
Arbitration
Arbitration is similar to private court proceedings in that an arbitrator, usually an experienced retired judge or attorney, makes decisions about contested issues. While arbitration fees exist, the process can provide a more cost-effective and speedy solution than a traditional trial.
How Hello Divorce can help
Hello Divorce provides solutions for people in New Jersey who want to save money on their divorce proceedings. Our services, which include mediation, legal advice, and online divorce plans, provide the assistance you need to get through divorce at a much lower cost.
Schedule a free 15-minute phone call with us to learn more about how we can simplify the process for you.
References
Divorce Rates by State: 2019-2021. (February 2022). Centers for Disease Control and Prevention.How Much It Costs to Get Divorced in Every US State. (August 2020). Business Insider.
The Average Cost of Getting Divorced is $15,000 in the US — But Here's Why It Can Be Much Higher. (August 2019). Business Insider.
Divorce. New Jersey Courts.
Fees and Expenses. (December 2020). American Bar Association.
Divorce in New Jersey: A Self Help Guide. (2019). Legal Services of New Jersey.
Arbitration vs. Mediation – Explaining the Differences. (1986.) U.S. Department of Justice, Office of Justice Programs