How much does divorce cost in Virginia? Divorce is rarely an inexpensive process, but understanding the potential costs can help you plan financially and make informed decisions about your case. In Virginia, divorce costs can vary significantly depending on the complexity of your situation, the level of conflict, and the type of divorce process you choose. While you should not base your divorce decisions solely on the expense involved, it is a crucial factor to consider, alongside other factors such as the complexity of your assets, the relationship between you and your spouse, and whether you have children. At DiPietro Law Group, PLLC, our experienced divorce attorneys may be able to assist you in determining which divorce type is right for you and how you may reduce divorce expenses. Call (571) 626-7389 to schedule a consultation and review your case.
Types of Divorces in Virginia
Virginia offers several different divorce options. Under Va. Code Ann. § 20-109.1, couples can submit any valid agreement they make, and the court can incorporate it by reference into the divorce decree. This means that the traditional litigation many people think of as the only option for divorce is just one option available to them.
Traditional Litigation
Litigation, or the traditional method of going to court and resolving your differences with a judge’s help, is the most expensive way to divorce. This type of divorce may be necessary if you and your spouse do not get along or are facing a complicated divorce. Traditional litigation consists of contested and uncontested divorces. Contested divorces are those in which the spouses do not agree on all matters related to the divorce, including property division, child support and custody, and spousal support. Uncontested divorces are those in which the spouses agree on all matters related to divorce. However, uncontested divorces can sometimes turn into contested divorces if one spouse does not follow through on their end of any agreements made, property division becomes more complex than they anticipated such as disagreeing on the value of certain assets or how to divide a retirement account, they disagree on the specifics of a parenting plan or child or spousal support, or unforeseen circumstances such as job loss or illness arise.
In traditional litigation, the judge makes the final decisions about various divorce matters based on state law. This often means that one or both spouses will be unsatisfied with at least some of those decisions. This can lead to frustration and returning to court in the future to modify decisions the spouses do not like, which can further increase the cost of the divorce, even if those modification requests are made years later.
Mediation and Collaborative Divorces
Mediation and collaborative divorce allow you and your spouse to work together and find solutions that benefit everyone. These options can be used even if the spouses do not agree on everything. Couples who disagree on matters frequently choose these options as a way of finding resolutions together without spending a fortune. Both mediation and collaborative divorces allow couples to find solutions to property division, child support and custody, spousal support, and other divorce issues that are mutually satisfying and tailored to their particular circumstances.
While these types of divorces are generally less expensive than litigation, couples still face fees from the court, attorneys, or other professionals such as mediators or experts. However, the teamwork approach to these methods often allows the couple to find solutions more quickly than going through litigation, which can reduce those fees significantly.
Understanding Virginia Divorce Costs By Type
How much does divorce cost in Virginia? The average range for divorce costs is as low as $4,000 and as high as $30,000 per spouse. The complexity of the issues, whether the divorce is contested or uncontested, and whether children are involved, can influence these expenses. Additionally, these costs can be lower or higher than the average based on the unique details of an individual case. Individuals considering or planning a divorce should budget on the higher end of costs to ensure they are prepared for the expense.
Contested Litigation
Traditional contested divorce through litigation is typically the most expensive option in Virginia. These cases require more resources and more time, both of which contribute to their expense. When spouses cannot agree on key issues and require court intervention, costs can range from $15,000 to $30,000 or more per spouse. Extremely high-conflict cases may cost $100,000 or more.
The fees for these cases often involve:
- Extensive attorney fees (typically $200-$500 per hour, often with a retainer of $3,000 to $5,000)
- Court filing fees ($86 for the initial complaint without sheriff service and $98 with sheriff service, per the Virginia Court System calculator)
- Discovery costs for gathering evidence
- Expert witness fees when needed
- Potential trial costs
Mediated Divorce
Mediated divorces generally cost between $5,000 and $9,000 for both spouses. The precise cost will depend on the complexity of the case, the number of mediation sessions needed, and the mediator’s certifications and experience. Additionally, some mediators may charge an additional fee for drafting the marital settlement agreement once the couple has clarified the details. If the court orders mediation, it may be less expensive or free.
This process includes costs for:
- Mediator fees ($100-$350 per hour for non-attorney mediators, $250-$500 for attorney mediators )
- Limited attorney consultation
- Expert fees when necessary
- Court filing fees
- Document preparation costs
Collaborative Divorce
Collaborative divorce typically ranges from $10,000 to $25,000 per spouse, depending on complexity. While mediation encourages the divorcing couple to find solutions together, the option for litigation remains open if they cannot agree. However, in collaborative divorce, the couple and their attorneys are committed to finding solutions and avoiding litigation. This can result in higher costs but is also an incentive for the spouses to work together and find mutually satisfying agreements.
Collaborative divorce can cost as much as 30% to 50% less than a litigated divorce. Costs in collaborative divorce include:
- Collaborative attorney fees (retainers starting at $5,000 to $10,000, plus ongoing hourly fees for the collaborative process)
- Neutral financial professionals
- Child specialists (when children are involved)
- Court filing fees
Uncontested Divorce
Uncontested divorces in Virginia are the most affordable option for couples who agree on all terms. They typically cost between $1,500 and $5,000.
Uncontested divorce costs include:
- Attorney fees for document preparation and filing
- Court filing fees
- Minimal court appearances
- Expert fees for complex financial assets or specialized issues (financial advisors, child custody evaluators, etc.)
- Potential additional fees for issues such as a name change, or issuing a Qualified Domestic Relations Order (QDRO) to divide retirement accounts
Factors That Impact Your Divorce Costs
When trying to determine how much does a divorce cost, several key factors play a role, regardless of the type of divorce the couple opts for. These factors must be considered not only in terms of how they will impact divorce expenses, but also which divorce type might be best suited to their specific needs.
Factors that should be considered include:
- Complexity of Assets: Divorces involving multiple properties, businesses, retirement accounts, or significant investments require more time and expertise to resolve, which substantially increases costs. If spouses can agree on how to divide these assets and only require assistance in valuing them, they may still save significant money with mediated or collaborative divorce. An uncontested divorce may also still be an option.
- Children and Custody Issues: Cases involving children must address matters of child custody, visitation schedules, and child support calculations. These often require additional legal work and potentially expert evaluations, which add to overall expenses.
- Level of Conflict: High-conflict divorces, in which the spouses disagree on a significant number of issues, require more attorney time, court appearances, and potentially expert witnesses, significantly increasing costs. A high level of conflict may also limit the couple’s options when considering different divorce types.
- Geographic Location: Metropolitan and urban area attorneys, particularly those in Northern Virginia, have higher overhead and a higher cost of living, as well as increased demand on their services. These factors mean that their rates tend to exceed those in rural parts of the state, affecting total divorce costs.
Ways to Minimize Your Divorce Costs
While divorce involves unavoidable expenses, there are strategies to keep costs manageable. Spouses should consider the following strategies to reduce divorce expenses and potentially smooth out the divorce process.
- Choose the Right Process: If the spouses can communicate effectively and agree on most issues, mediation or collaborative divorce will cost significantly less than litigation. If an individual is uncertain which process may be right for their divorce, an experienced divorce attorney at DiPietro Law Group, PLLC may be able to review the case and offer guidance.
- Be Organized and Prepared: Organizing financial documents and being prepared for mediation or meetings with their attorney can reduce billable hours and overall costs.
- Focus on Important Issues: Prioritizing the most important matters and being willing to compromise on less critical issues can prevent unnecessary legal battles that drive up costs.
- Consider Limited Scope Representation: For straightforward cases, individuals might benefit from hiring an attorney for specific tasks rather than full representation, reducing overall legal fees.
Additional Virginia Divorce Expenses to Consider
When trying to figure out how much does divorce cost, many people consider only attorney’s fees and court costs. Beyond those, many other expenses are related to divorce. Some expenses are unavoidable, while others may not apply to every divorce. They should be carefully considered and, when applicable, included in an individual’s divorce budget.
Appraisal fees for real estate or business valuations
Even if a couple can agree on dividing their assets, they may still need to have real estate appraised or businesses valued. These numbers are crucial to ensuring a fair and equitable distribution of property per Va. Code Ann. § 20-107.3. These fees may also apply to other high-value assets, such as expensive jewelry, artwork, or antiques.
Accountant fees for complex financial analysis
Assessing, valuing, and organizing complex assets such as businesses, real estate, investments, executive compensation, and rare or unique assets can be complicated. If the couple has diverse income streams, intricate assets, or needs assistance identifying separate assets from marital assets, they may need an accountant or forensic accountant.
Counseling or therapy costs for children
While some children may easily adjust to their parents’ divorce, other children may struggle significantly. They may act out, withdraw, or change in other ways. Counseling or therapy can help struggling children adapt to their new circumstances by allowing them to express their feelings freely and offering them tools to handle them, express themselves to their parents, and otherwise deal with the divorce.
Moving expenses and setting up separate households
An unavoidable expense for at least one spouse and often both, is the cost of moving and setting up separate households. From the cost of a moving truck to finding a new home to buy or rent, and setting up utilities, many people forget that setting up a new household can be expensive. Moving can cost between $1,000 and $10,000, depending on whether the individual rents a moving truck or portable storage container, and whether they move themselves or hire professionals. Additional expenses can include security deposits, homeowners’ or renters’ insurance, packing and moving supplies, new furniture or appliances, cleaning, and repairs or renovations to the new home.
Planning for Your Virginia Divorce Costs
Understanding the potential financial investment can help individuals make informed decisions about the divorce process. The key is choosing an approach that balances cost-effectiveness with protecting the individual’s interests and achieving a fair resolution. Being organized and realistic can help keep costs low, saving time and money.
While cost is a significant factor, the cheapest option is not always the best for everyone. Complex cases with substantial assets or contentious custody issues may require the expertise and protection that full legal representation provides.
What Is the Cheapest Divorce in Virginia?
The cheapest option for divorce in Virginia is a do-it-yourself divorce, or DIY divorce, but only if done correctly. This method is ideal for couples with no children and who do not have a high level of conflict in their divorce. If couples do their due diligence and ensure that they file all the correct documentation, a DIY divorce could save them thousands overall.
A proper DIY divorce is the cheapest divorce in Virginia because the spouses do most of the heavy lifting themselves. The spouses will fill out all the appropriate paperwork and may only need a lawyer to ensure their documents are correct and file their case with the court. This drastically cuts down their costs. In a DIY divorce, the spouses will lay out things like:
- How the family home will be allocated
- How assets and debts will be split
- Communal and marital property
- The distribution of investments or jointly-owned businesses
- Visitation and parenting schedules, if applicable
Who Benefits From a DIY Divorce?
Generally, the more complicated a divorce is, the more expensive it will be. More assets, children, and conflict can all add to the costs. If a couple cannot get along and disagree at every turn, their fees will continue to go up as the amount of time they spend bickering will delay the divorce process.
The people who most often benefit from DIY divorce in Virginia are those without children or few assets, or those who are facing a low-conflict, uncontested divorce. If both spouses in these cases are willing to put in the time and effort to research the DIY divorce process and work together to find solutions, DIY divorce may be the cheapest divorce option for them. However, if what appears to be a simple DIY divorce later becomes contentious, it may end up being a significantly more expensive divorce as they transition from a DIY divorce to a litigated one. This is why it is generally recommended to seek the advice of an attorney rather than attempting to handle the matter between the spouses on their own.
Get Professional Guidance Regarding Your Divorce Costs
How much does divorce cost? Every divorce case is unique, and the costs can vary significantly based on your circumstances. At Dipietro Law Group, PLLC, we may work with you to choose the most cost-effective approach for your situation. Call our office at (571) 626-7389 to schedule a consultation and learn more about how to keep your divorce expenses low.
