There are also additional costs, such as notary services and mailing fees as the process progresses. If you don't have enough income to pay the fee, you may qualify for a fee waiver. The New York Courts website lists a list of fees for initial divorce filings on page 5 of your divorce package. For an uncontested divorce, initial court filings can account for most of the cost.
However, for contested divorces, where motions are commonly filed, experts can be ordered to conduct evaluations, and an attorney is usually required, costs can increase significantly. As a divorce lawyer, I ask hundreds of different questions, but one question each client asks is how much their divorce action will cost them. Because divorce lawyers almost always charge by the hour, your lawyer's hourly rate will be the first component of your total costs. In general, it's difficult to determine how much your divorce is going to cost simply because you may not be able to determine how your spouse will react to your divorce request.
A mediator is not a lawyer, but they can help you by facilitating face-to-face negotiations between you and your spouse at a fraction of the cost of an attorney. Many of the same factors that increase the cost of divorce also influence the time it takes to complete a divorce. Nearly eight out of ten New York readers had legal help with their divorces, and the vast majority (83%) of those readers hired what is known as a “full lawyer,” meaning that the lawyer took care of everything in the divorce case, from start to finish. As a result, it's always wise to consult with an uncontested divorce lawyer to get a better idea of what could happen and how much it could cost.
However, even if the spouses agree, it's still a good idea to hire an uncontested divorce lawyer to represent you in your case. If a divorce between two people is contested in New York, it means that one spouse wanted a divorce while the other spouse did not want one. While these elements are important, the aspect of your divorce that most influences your divorce is YOUR SPOUSE. If you and your spouse agree to divorce, it's important to consult with an uncontested divorce lawyer to get an idea of how much your divorce could cost.
These fees are always paid by the client (or their spouse), unless the party filing for divorce is considered a poor person by the courts (they must apply for poor status before filing for divorce to be waived of their dues). If you file a no-fault divorce, your spouse could challenge the grounds for divorce even if they agree to the divorce itself.