Collaborative divorce and mediation both help you resolve your divorce outside of the courtroom, but they work in very different ways. Each approach is designed to reduce conflict and encourage cooperation. Yet, the level of attorney involvement, the structure of the meetings, and the overall commitment required from both spouses make the two processes distinct. Understanding these differences can help you select the method that best suits your situation, communication style, and the level of guidance you require. In a collaborative divorce, each spouse hires their own attorney who is specially trained in collaborative law. You and your spouse, along with both attorneys, sign an agreement to work toward a settlement without going to court. Mediation works differently. A neutral mediator guides the conversations and helps you reach agreements. The mediator does not provide individual legal advice or advocate for either side, and attorneys may participate if you choose. The structure you choose will affect cost, communication, and how your divorce progresses.

3 key differences between collaborative divorce and mediation

<ul><li>Collaborative divorce requires each spouse to have their own attorney. Mediation uses a neutral mediator, and attorneys are optional.</li></ul>

<ul><li>Collaborative divorce includes structured team meetings. Mediation focuses on guided negotiation between spouses.</li></ul>

<ul><li>Costs differ significantly. Collaborative divorce is more expensive and includes a disqualification agreement if litigation becomes necessary.</li></ul>

<ul><li>Both options avoid trial and support cooperative problem solving, but the level of legal support is very different.</li></ul>

<ul><li>The right choice depends on your communication style, the complexity of your finances, and how much attorney involvement you need.</li></ul>

Family Law

What makes the collaborative divorce vs mediation processes different?

<a href="https://www.marble.co/blog/family/divorce/collaborative-divorce" rel="noopener noreferrer" target="_blank">Collaborative divorce</a> and <a href="https://www.marble.co/blog/family/divorce/is-mediation-worth-it" rel="noopener noreferrer" target="_blank">mediation</a> share a common goal. Both help you reach a settlement outside the courtroom using cooperative, problem-solving discussions rather than <a href="https://www.marble.co/blog/family/divorce/mediation-vs-litigation" rel="noopener noreferrer" target="_blank">adversarial litigation</a>. These approaches typically cost less, move faster, and feel less stressful than taking a divorce to trial. Even so, the two processes differ in three important ways. The first difference is how attorneys participate and how legal advice is provided. The second is how meetings work and who leads the negotiations. The third involves cost and the level of commitment required if the process does not result in an agreement. These distinctions often determine which option is best for a particular couple.

Collaborative divorce vs mediation: Head-to-head comparison

Here is a simple overview of how collaborative divorce compares to mediation:

<table><thead><tr><th>Factor</th><th>Collaborative Divorce</th><th>Mediation</th></tr></thead><tbody><tr><td>Attorney involvement</td><td>Both spouses must have their own attorney trained in collaborative divorce</td><td>Attorneys optional, mediator is neutral</td></tr><tr><td>Attorney role</td><td>Provides advice and advocates during meetings</td><td>Attorneys advise separately, the mediator facilitates only</td></tr><tr><td>Process structure</td><td>Four-way meetings with both attorneys present</td><td>Mediator leads discussions with spouses</td></tr><tr><td>Meeting format</td><td>Structured team sessions</td><td>Flexible sessions guided by a neutral mediator</td></tr><tr><td>Cost range</td><td>Typically $15,000 to $40,000 or more, but costs can vary.</td><td>Typically between $3,000 to $10,000 total, but costs can vary.</td></tr><tr><td>Attorney disqualification</td><td>Attorneys must withdraw if litigation occurs</td><td>Attorneys can continue if mediation fails</td></tr><tr><td>Best for</td><td>Complex cases needing ongoing legal guidance</td><td>Couples who communicate well and have simpler finances</td></tr><tr><td>Commitment level</td><td>Signed participation agreement</td><td>Voluntary and flexible participation</td></tr><tr><td>Power balance</td><td>Attorneys help manage imbalances</td><td>The mediator works to balance communication</td></tr><tr><td>Legal advice timing</td><td>Provided in real time during negotiations</td><td>Provided outside sessions if attorneys consulted</td></tr></tbody></table>

Note: The figures in this article are estimates only and vary significantly by geographic location, attorney hourly rates, and case complexity.

The 3 key differences between collaborative divorce and mediation

Although both processes are alternatives to traditional litigation, three <a href="https://www.marble.co/blog/family/divorce/when-is-divorce-mediation-not-recommended-what-you-need-to-know" rel="noopener noreferrer" target="_blank">major distinctions</a> shape the experience and the outcome. The first is the involvement of attorneys. The second is how meetings are conducted. The third is how costs and commitments differ between the two approaches.

Attorney involvement and representation structure

This is the most important difference between collaborative divorce and mediation. In a collaborative process, each spouse hires a collaboratively trained attorney who joins every meeting. Your attorney gives you legal advice in real time, helps you understand proposals, advocates for your interests, and supports informed decision-making. The focus is cooperative, but you still have a dedicated advocate throughout the process. Mediation works differently. The mediator is neutral and cannot provide legal advice to either spouse. Their role is to guide the conversation, help you communicate effectively, and support compromises that work for both of you. You and your spouse negotiate directly with each other, and any legal advice comes from private consultations with your own attorneys outside the mediation room.

Collaborative divorce uses a structured team-based model. You, your spouse, and both attorneys meet together in scheduled sessions. Neutral professionals, such as financial experts or child specialists, may join when needed. Everyone signs a participation agreement and works cooperatively to resolve issues. In mediation, the mediator guides the session and helps you follow an agenda that you and your spouse develop together. The process is more flexible and less formal than collaborative divorce. The mediator manages communication, helps clarify goals, and keeps the conversation moving, but does not advocate for either spouse or offer legal advice.

Cost structure and attorney disqualification

Collaborative divorce is typically more expensive because both spouses have attorneys involved at every step. Costs often fall between $15,000 and $40,000 or more. Another key feature is the disqualification rule. If either spouse decides to go to court, both collaborative attorneys must withdraw, and new lawyers must be hired for litigation. Mediation is <a href="https://www.marble.co/blog/family/divorce/divorce-mediator-costs" rel="noopener noreferrer" target="_blank">usually less costly</a>. Mediator fees range from $3,000 to $10,000 in most cases, split between both spouses. You can involve your attorneys as much or as little as you want, which helps control costs. If mediation does not lead to an agreement, your attorneys can continue representing you in court.

Collaborative divorce can be the better choice when you need consistent legal guidance or when your financial picture is more complex. It offers structure, professional support, and a team-based approach that helps you navigate challenging decisions with confidence.

<ul><li>Complex financial situations: Collaborative divorce is often recommended when your marital estate includes business interests, investment portfolios, stock options, multiple real estate properties, or other assets that require expert evaluation. Financial specialists can join the team to help both spouses understand the details and make informed choices.</li></ul>

<ul><li>Need for continuous legal guidance: Some spouses want the reassurance of having their attorney present throughout every discussion. Collaborative divorce provides real-time legal advice so you understand your rights and risks as you negotiate.</li></ul>

<ul><li>Power imbalance concerns: If one spouse is more dominant, financially sophisticated, or controlling, the support of two attorneys helps keep the process fair. Attorneys ensure both spouses have an equal footing and fully understand the decisions they are making.</li></ul>

<ul><li>High commitment to settlement: Collaborative divorce works best when both spouses want to avoid court and are willing to commit to a process designed around cooperation. The disqualification provision reinforces this commitment and keeps everyone focused on settlement.</li></ul>

Mediation <a href="https://www.marble.co/blog/family/divorce/divorce-mediation-checklist" rel="noopener noreferrer" target="_blank">can be a strong choice</a> when your finances are straightforward or when you and your spouse can communicate well enough to negotiate directly with a neutral facilitator guiding the conversation.

<ul><li>Effective direct communication: Mediation is successful when spouses can discuss issues respectfully, even if they do not always agree. You do not need to be friendly, but you do need to be willing to negotiate constructively.</li></ul>

<ul><li>Simpler asset and debt division: If your finances are not complicated and you both understand the marital estate, mediation can help you reach an agreement quickly without the added cost of two attorneys in every session.</li></ul>

<ul><li>Cost sensitivity and budget limits: Many couples choose mediation because it is typically far less expensive than collaborative divorce. With mediator fees shared between spouses and attorneys used only when needed, costs remain more predictable and manageable.</li></ul>

<ul><li>Desire for flexibility and control: Mediation allows you to tailor the process to your needs. Sessions can be scheduled around your availability, issues can be addressed in any order, and you can involve attorneys as often or as sparingly as you want.</li></ul>

You do not always need to choose one method exclusively. Some couples benefit from blending elements of both processes or using them in sequence.

In some cases, attorneys attend mediation sessions to offer real-time guidance while the mediator still leads the discussion. This creates a balance between cost efficiency and legal support.

Some spouses choose a lighter version of collaborative divorce that uses fewer four-way meetings and more attorney-to-attorney communication between sessions. This can lower costs while keeping the cooperative structure.

You can start with mediation and shift to collaborative divorce if you need more support. If the settlement still does not occur, litigation may become necessary. Each step increases structure and cost, so many couples attempt mediation first.

Choosing the right approach depends on your finances, communication style, and how much professional guidance you need. Think of the decision as selecting the level of support that matches your circumstances.

Factors that often guide the choice include:

<ul><li>Complexity of assets and debts</li></ul>

<ul><li>Ability to communicate directly</li></ul>

<ul><li>Budget and cost sensitivity</li></ul>

<ul><li>Need for ongoing or occasional legal guidance</li></ul>

<ul><li>Power dynamics between spouses</li></ul>

<ul><li>Level of conflict or cooperation</li></ul>

<ul><li>Commitment to settling without court</li></ul>

<ul><li>Preference for structured or flexible processes</li></ul>

It may help to ask yourself several practical questions:

<ul><li>Can we communicate productively without attorneys present at every meeting?</li></ul>

<ul><li>Do we need real-time legal advice during negotiations?</li></ul>

<ul><li>Can we afford the costs of collaborative divorce?</li></ul>

<ul><li>Are both of us committed enough to the settlement to sign a participation agreement?</li></ul>

<ul><li>Do we have complex assets that require expert involvement?</li></ul>

<ul><li>Is power balanced, or does one spouse need more support?</li></ul>

Your initial choice does not have to be permanent. You can start with mediation and shift to a more structured collaborative process if needed. The main difference is that collaborative attorneys must withdraw if litigation becomes necessary, while mediation allows the same attorneys to continue.

Choosing the right family law attorney or mediator

Finding the right professional can make a significant difference in the success of your process. Working with an experienced family law team, such as the <a href="https://www.marble.co/family" rel="noopener noreferrer" target="_blank">attorneys at Marble</a>, can help you understand your options and choose the approach that best fits your situation. If you are considering collaborative divorce, look for an attorney with specialized training, certification, and a strong track record in collaborative cases. The attorney should communicate clearly, work well in team settings, and be committed to settlement-focused representation. If you are considering mediation, evaluate a mediator’s training and certification, their experience specifically in family law mediation, their comfort working with power imbalances, their realism when helping test proposals, and their overall style. It is important that both spouses feel comfortable with the mediator’s approach.

Collaborative divorce and mediation both offer meaningful alternatives to traditional litigation. Collaborative divorce provides attorney support in every meeting, using a structured team approach. Although it is generally more expensive, it includes a disqualification agreement if litigation becomes necessary. Mediation offers a neutral facilitator, greater flexibility, and significantly lower costs, while still helping couples avoid court. Your choice depends on three key differences: attorney involvement, process structure, and cost commitment. Understanding these distinctions helps you choose an approach that aligns with your financial situation, communication style, and divorce goals. With the right process and the right professionals, you can move through divorce with more clarity, control, and cooperation.

No. Collaborative divorce is usually more expensive because both spouses have attorneys involved throughout the process.

Is collaborative divorce cheaper than mediation?

Possibly. A skilled mediator can help manage difficult conversations, but severe communication breakdowns may require the support of collaborative attorneys.

Can I use mediation if my spouse and I do not communicate well?

If litigation becomes necessary, both collaborative attorneys must withdraw, and each spouse must hire a new attorney to go to court.

What happens if collaborative divorce fails?

You are not required to have one, but many spouses use consulting attorneys for legal advice outside mediation sessions.

Do I need an attorney for mediation?

Mediation is usually faster because scheduling is more flexible and the process is less structured.

Which process is faster, collaborative divorce or mediation?

Discover the fees you may face when ending your marriage in Illinois.


How much does divorce cost in Illinois?

On top of turning your life upside down, a divorce can set you back tens of thousand dollars. Exactly how much does divorce cost in Illinois? It depends on the specific facts of your case and how much you and your spouse can agree on the significant matters.&nbsp; In this article, we discuss the fees associated with a <a href="https://www.marble.co/blog/family/divorce/divorce-in-illinois/" rel="noopener noreferrer" target="_blank">divorce in Illinois</a>. We also explain the factors that can make your divorce cost more or less. All of this will give you a sense of the possible grand total of your divorce.

The current average Illinois divorce cost is between <a href="https://www.lawyers.com/legal-info/family-law/divorce/how-much-does-divorce-cost-in-illinois.html" rel="noopener noreferrer" target="_blank">$11,000 and $14,000</a> in attorney fees plus about $1,600 in additional fees, which we discuss below. Generally, the more complicated your divorce is and the more you and your spouse disagree, <a href="https://www.marble.co/blog/family/divorce/cheapest-way-to-get-divorced/" rel="noopener noreferrer" target="_blank">the more expensive it will be</a>.

Breakdown of the costs of divorce in Illinois

Each step of the divorce process can entail different costs. Below is an overview of these expenses.

You must pay <a href="https://www.marble.co/blog/family/divorce/hidden-costs-of-divorce" rel="noopener noreferrer" target="_blank">fees to file for divorce</a> in Illinois. These fees vary depending on which county you file your divorce in. For example, the current filing fee for a divorce with children in Lake County is $334, while in Cook County it’s $380. You may also have to pay an appearance fee, which also varies. (Currently, Lake County charges $209 while Cook County charges $250.)

When you start a divorce case, you need to have your spouse served with divorce papers. Service can be completed by <a href="https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2017&amp;ChapterID=56&amp;SeqStart=2200000&amp;SeqEnd=3900000" rel="noopener noreferrer" target="_blank">a sheriff or process server</a>.&nbsp; To hire a sheriff or a professional process server to serve your spouse, expect to pay around $100. The cost of serving your spouse is partially determined by how far the process server or sheriff has to travel and how many tries it takes to complete service. More miles and more time means a higher fee.

You can finalize a divorce without attorney assistance. But many individuals find the divorce process to be less stressful when they seek legal advice.&nbsp; Most experienced divorce lawyers in Illinois currently charge between $300 to $450 an hour. Others charge a flat fee, which can be in the thousands.&nbsp; Many attorneys are flexible with their fees, and if you’re financially strapped, a divorce court <a href="https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+V&amp;ActID=2086&amp;ChapterID=59&amp;SeqStart=6200000&amp;SeqEnd=8675000" rel="noopener noreferrer" target="_blank">might order your spouse to pay</a> any reasonable attorney fees that you owe.&nbsp;

Many divorces take a long time to complete, so Illinois law allows divorcing couples to ask for <a href="https://www.ilga.gov/legislation/ilcs/documents/075000050k501.htm" rel="noopener noreferrer" target="_blank">temporary relief</a> while their case is pending. This temporary relief can include the following:

Orders for a spouse to pay spousal support

Restraining orders to keep one spouse away from the other

Spousal support and child support can each cost hundreds to thousands of dollars per month. The cost depends on your income, your spouse’s income, each of your needs and the number of overnights the parties have the child. Use the <a href="https://cscwebext.hfs.illinois.gov/CscWebEx/app/estimator?execution=e1s1" rel="noopener noreferrer" target="_blank">Illinois child support estimator</a> to learn the approximate amount of child support you may owe. If you’re subject to a temporary restraining order or one of you moves out of the house while the divorce is pending, you might have to pay additional thousands per month for new housing.&nbsp;

Compiling proof of all your parenting, financial and medical needs is a major part of the divorce process. The legal community calls this discovery, and it can be expensive.&nbsp; To collect some of this information, you might have to pay document request fees. For instance, you might owe a <a href="https://illinoiscomptroller.gov/state-agencies/accounting/statutorily-required/copying-fees-adjustments" rel="noopener noreferrer" target="_blank">base fee</a> of more than $30 and up to more than $2 a page to get copies of your financial records for each account you have. This could amount to hundreds of dollars if you need a large number of records to argue your position. Or if you need the help of a child psychologist, accountant or other expert witness to provide a deposition or review information, you may pay them hundreds per hour.

You and your spouse can choose to engage in <a href="https://www.marble.co/blog/family/divorce/what-is-divorce-mediation/" rel="noopener noreferrer" target="_blank">mediation</a> to resolve some or all of your issues without going to court. During this process, a neutral third party helps the two of you work through your issues in the hopes of coming to an agreement about how to resolve those matters. If you choose this option, you might have to pay a professional mediator between $150 and $500 an hour. You might also choose to hire an attorney to review any agreement you consider during the process.&nbsp;

Going to trial is a costly aspect of many divorces. A trial can take a lot of time, which can mean an increase in legal costs and the amount of temporary support you might have to pay. A trial can also include expenses associated with the following:

Attorney fees (including fees for time spent researching, preparing for trial, negotiating settlements, reviewing documents and attending the trial)

Fees for witness preparation and trial attendance

Factors that impact the cost of an Illinois divorce

Certain circumstances can increase or decrease the price of a divorce. The biggest factors are:

Contested divorce vs. uncontested divorce

How much you and your spouse disagree can have a significant impact on the cost of your divorce in Illinois.

In a <a href="https://www.marble.co/blog/family/divorce/contested-divorce/" rel="noopener noreferrer" target="_blank">contested divorce</a>, the spouses can’t reach an agreement on one or more terms of their divorce. Because of this, they typically need to go to trial and have a judge decide the terms.

In an <a href="https://www.marble.co/blog/family/divorce/uncontested-divorce/" rel="noopener noreferrer" target="_blank">uncontested divorce</a>, the spouses reach an agreement on all terms of the divorce and write and sign a divorce settlement agreement.

A contested divorce typically costs more, because preparing for and going to court takes more time and often requires the help of more experts than an <a href="https://www.marble.co/blog/family/divorce/how-to-ask-for-a-divorce-peacefully/" rel="noopener noreferrer" target="_blank">uncontested divorce</a> does.

Divorcing couples who have minor children together are likely to spend more money on a divorce than couples without children.&nbsp; Courts often need a significant amount of time to decide the parenting time and decision making each parent should have and how much child support a parent should pay. To ensure that the court makes the best decisions for your child and respects your rights as a parent, you may need to hire professionals such as mental health providers or custody evaluators to testify on your behalf.&nbsp; If the court requires you to pay child support, this may also be an <a href="https://www,marble.co/blog/family/divorce/how-much-does-divorce-cost-in-illinois/" rel="noopener noreferrer" target="_blank">ongoing expense</a>. You’ll likely have to pay support until your child turns 18.&nbsp;

Some individuals must pay spousal support (also called spousal maintenance) to their exes. This is dependent on each spouse’s financial needs, income, resources and ability to earn wages. An obligation to pay maintenance depends on the length of your marriage, and you may have to pay spousal support for a significant number of years.&nbsp; If you or your spouse requests spousal maintenance, this may increase the time and cost of your divorce, since it’s one more issue the court will have to evaluate and rule on.

Every divorce involves a decision about how to divide marital property before the spouses part ways. Property division can involve several expenses, such as attorney, discovery and expert witness fees to determine what’s marital property (and subject to division) and what’s separate property (and not subject to division).&nbsp; Then, when the court divides your property, you’re likely to lose a significant number of assets (such as homes, bank accounts and investments) to your ex-spouse.

Divorces can be complex, with lots of issues to resolve and legalese to figure out. Having an experienced divorce attorney in your corner can be helpful. They can explain the divorce process in Illinois and help you navigate it, safeguard your rights so you don't inadvertently give up too much, represent your best interests during mediation or a trial and more. While you don't necessarily need a lawyer, you may find that their experience is worth it. Keep in mind that divorce costs and processes vary by state. If you're comparing options or have connections to other states, it's helpful to understand <a href="https://www.marble.co/family/answers/arizona/how-much-does-a-divorce-cost" rel="noopener noreferrer" target="_blank">how much divorce costs in Arizona</a>,<a href="https://www.marble.co/family/answers/michigan/divorce-costs-in-michigan" rel="noopener noreferrer" target="_blank"> in Michigan</a>, and how <a href="https://www.marble.co/family/answers/colorado/is-divorce-more-expensive-in-colorado" rel="noopener noreferrer" target="_blank">divorce in Colorado</a> or <a href="https://www.marble.co/family/answers/texas/how-much-does-a-divorce-cost" rel="noopener noreferrer">divorce in Texas </a>may differ from Illinois.

Divorce in the Golden State may not be cheap, but it’s often worth the price.


How much does divorce cost in California?

If you’re considering a <a href="https://www.marble.co/blog/family/divorce/how-to-get-divorced-in-california/" rel="noopener noreferrer" target="_blank">divorce in California</a>, you may be concerned about the potential costs of the process. California has a reputation for being expensive, and its divorces have a similar reputation. The cost of a California divorce depends on numerous factors, including if you have a contested or uncontested divorce, if you hire a lawyer and if you have any shared children. We go into this in more detail below. Although it’s hard to answer “How much does a divorce cost in California?”, this information will give you some sense of what to expect.

The average cost of divorce in California

In total, the <a href="https://www.marble.co/family/answers/california/divorce-costs-in-california" rel="noopener noreferrer" target="_blank">cost of a divorce in California</a> is currently between <a href="https://www.lawyers.com/legal-info/family-law/divorce/divorce-in-california.html" rel="noopener noreferrer" target="_blank">$14,500 and $17,300</a>. This includes the price of a divorce attorney as well as additional fees such as filing and service fees and working with non-legal experts.

Breakdown of the costs of divorce in California

California divorces have specific costs and fees associated with each step of the process.&nbsp;

To begin the divorce process in California, you must <a href="https://www.marble.co/blog/family/divorce/divorce-papers-california/" rel="noopener noreferrer" target="_blank">file a divorce petition and summons</a> with the court in the county where you or your spouse live. When you do this, you pay a filing fee. This <a href="https://selfhelp.courts.ca.gov/respond-divorce-papers/file#:~:text=your%20court's%20website.-,Pay%20a%20filing%20fee,You%20receive%20public%20benefits" rel="noopener noreferrer" target="_blank">fee currently ranges </a>from $435 to $450 depending on your county. Check with your local court clerk’s office for the exact cost.

After filing, you must serve your spouse the divorce petition and summons. You can’t serve your spouse yourself. Instead, you must have another adult serve the papers personally. This can be:

The county sheriff, depending on your county

While you may save money by having a friend serve the papers, most people hire a process server. California process server fees vary, but are usually no more than $100 for standard service. If your county sheriff provides process service, they charge a fee that varies by county. For example, the <a href="https://dcba.lacounty.gov/portfolio/serving-court-papers/#:~:text=The%20Fee%20is%20%2440&amp;text=Court%20papers%20must%20be%20received,the%20last%20day%20of%20service." rel="noopener noreferrer" target="_blank">Los Angeles County Sheriff’s Department</a> currently charges $40. If you don’t know where your spouse is or if they’re in another country, you may have <a href="https://selfhelp.courts.ca.gov/divorce/start-divorce/service-rules-special-situations" rel="noopener noreferrer" target="_blank">other options</a> for serving them.&nbsp;

Although you aren’t required to hire an attorney for your divorce, a lawyer can help build your case and present it in court. This may increase the odds that you’ll be satisfied with the terms of your divorce. Attorneys generally charge an hourly rate based on their experience level. California divorce lawyers tend to be more expensive than lawyers in other states, with a current hourly rate of about <a href="https://www.lawyers.com/legal-info/family-law/divorce/divorce-in-california.html" rel="noopener noreferrer" target="_blank">$300 to $365</a> per hour, though some may charge more than $600 per hour. This can add up to more than $15,000 for more complicated cases. Many people worry about the cost of an attorney. Under <a href="https://casetext.com/statute/california-codes/california-family-code/division-6-nullity-dissolution-and-legal-separation/part-1-general-provisions/chapter-35-attorneys-fees-and-costs/section-2030-ordering-party-to-pay-fees-and-costs-of-other-party-to-ensure-access-to-legal-representation" rel="noopener noreferrer" target="_blank">California law</a>, a judge can order the spouse with the higher income to pay reasonable legal fees for their spouse who can’t afford to pay. This is good for the low-income spouse, but it’s an additional expense for the higher-wage spouse.

A spouse can file a motion for a temporary child or spousal support order during the divorce process. A spouse who makes significantly more income may be responsible for paying these expenses, depending on your income and standard of living. Child support is easier to estimate, since it’s based on each parent’s income, how many children they have and the custody timeshare. You can use California’s <a href="https://childsupport.ca.gov/guideline-calculator/" rel="noopener noreferrer" target="_blank">child support calculator</a> to get an idea of what you may pay.&nbsp; Spousal support can be more complicated, as it involves an assessment of each party’s needs as well as their income. However, California courts often calculate temporary spousal support as 40 percent of the payor spouse’s income minus 50 percent of the payee spouse’s income.

Discovery is part of every civil case, including divorce. In California, both spouses must disclose their financial information, and either can request additional information and documents from the other party. You may also be able to subpoena relevant information from third parties.&nbsp; Discovery can involve several costs. You may need to pay:

Your attorney for their time in preparing discovery requests and subpoenas.

Small fees for copies and processing, particularly if you request documents from a third party such as a bank.

Experts (like forensic accountants, vocational consultants and psychologists) to review information, prepare reports, attend depositions and testify in court, if necessary. These types of experts typically charge a few hundred dollars per hour for their time, depending on their specialty and experience.

For depositions of your spouse’s witnesses. Experts charge their hourly rate for this, and you currently <a href="https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=68093.&amp;lawCode=GOV" rel="noopener noreferrer" target="_blank">need to pay</a> non-expert witnesses $35 per day plus the cost of their travel. Depositions also require hiring someone to transcribe the entire deposition. Depending on how long the process takes, this may cost several hundred dollars or more.

If you hope to save money by avoiding a trial, you need to negotiate with your spouse and reach an agreement on all the issues in your divorce. One common way to do this is through mediation. In <a href="https://www.marble.co/blog/family/divorce/what-is-divorce-mediation/" rel="noopener noreferrer" target="_blank">mediation</a>, a neutral third party called a mediator attempts to help the parties settle their divorce. Some cases settle through a single meeting with a mediator, while others require multiple meetings. All counties in California provide free mediation services for child custody and visitation prior to making orders at a hearing. You can also hire a private mediator, which currently costs anywhere from <a href="https://www.sdcourt.ca.gov/sdcourt/civil2/adr2/adrfaq/mediationfaq#:~:text=5" rel="noopener noreferrer" target="_blank">$200 to $1,000</a> per hour, to try to settle any terms of the divorce. The spouses generally share this cost.&nbsp; Attorneys can’t attend free meditation sessions. However, each spouse can have their own attorney attend private mediation to provide advice to them as they work toward an agreement.&nbsp;

If you and your spouse can’t reach an agreement about the terms of your divorce, you need to go to trial. Going to court takes a great deal of time, and time is money since many attorneys charge by the hour. Typically, your attorney will charge for their time completing tasks such as:

You’ll also usually pay your expert witnesses their hourly rate for the time they spend testifying and preparing for their testimony.

Factors that impact the cost of a California divorce

In general, the more you disagree with your spouse and the more terms you have to determine, the more expensive your divorce will be. The main factors that impact the cost of a California divorce are:

Whether your divorce is contested or uncontested

One of the key things in determining the cost of a California divorce is the type of divorce:

In a <a href="https://www.marble.co/blog/family/divorce/contested-divorce/" rel="noopener noreferrer" target="_blank">contested divorce</a>, the parties disagree on some or all the divorce issues and must go to trial.

In an <a href="https://www.marble.co/blog/family/divorce/uncontested-divorce/" rel="noopener noreferrer" target="_blank">uncontested divorce</a>, the spouses largely agree on all the major issues of the divorce. The spouses and/or their lawyers negotiate and draft a settlement agreement and file it with the court.

An uncontested divorce tends to cost less than a contested divorce since there’s no need for a trial.

If you share minor children with your spouse, you may face additional costs. For example, when you and your spouse separate, one or both of you may have to purchase new items for your children to have in both residences. Additionally, if you make more than your spouse or your spouse has primary custody of your children, you may have to pay child support, including education expenses and health care. Plus, you may share the cost of counseling for your children during or after the divorce.

You may have to pay spousal support (or alimony) if you make more than your spouse. Usually spousal support lasts until one of the following occurs:

The receiving spouse achieves financial independence

The receiving spouse remarries or cohabits

Or the settlement terms may dictate a termination date.

The division of marital property (or community property, as it’s called in California) can be an expected divorce expense. You may face costs involving:

Buying your spouse out of your shared property

Refinancing a home to help with a buy-out

Selling the property so that you can split the proceeds

Absorbing a mortgage or other marital debt

Whether you foresee an amicable or conflicted divorce, the price of a qualified and affordable attorney can be worth it. They can represent your interests every step of the way during your California divorce. They can collect documents and evidence for your case and fight for your rights in what's often an emotionally challenging situation. Attorneys can also help you negotiate a divorce settlement agreement and take care of all required filings for the divorce. Keep in mind that divorce costs vary significantly by state. If you're considering relocating or have connections to other states, compare <a href="https://www.marble.co/family/answers/colorado/is-divorce-more-expensive-in-colorado" rel="noopener noreferrer" target="_blank">how much divorce costs in Colorado</a>,<a href="https://www.marble.co/family/answers/texas/how-much-does-a-divorce-cost" rel="noopener noreferrer" target="_blank"> in Texas</a>, and<a href="https://www.marble.co/family/answers/arizona/how-much-does-a-divorce-cost" rel="noopener noreferrer"> in Arizona</a> to understand the financial differences.

California

Whatever the price, many people say it’s worth it if you end up divorcing.

How much does a prenup cost?

<a href="https://www.marble.co/glossary/what-is-a-prenuptial-agreement" rel="noopener noreferrer" target="_blank">A prenuptial agreement</a> may help couples organize and protect their finances before they jump into marriage. Creating one can allow you to openly discuss your assets and debts and reach important agreements about what will happen in case of divorce. This can make the divorce process more predictable and help you avoid costly litigation, should your marriage come to an end. That said, for most people, creating a prenuptial comes with a price. How much a prenup costs varies from couple to couple because it depends on how complex your finances are, whether you hire an attorney for help and where you live.&nbsp; This article will help you better understand prenuptial agreement costs and what the price tag may look like for you.

When a marriage officially ends, the couple needs to agree (or the court needs to decide) how to allocate debts, finances and parental responsibilities between the divorcing spouses.&nbsp; A prenuptial agreement often outlines each partner’s rights and responsibilities regarding assets and debts if the couple should divorce. <a href="Prenups may define" rel="noopener noreferrer">Prenups may define</a>:

Whether either spouse is entitled to spousal support (including the amount and duration)

Whether either spouse must pay for the other spouse’s health insurance

What property is marital property and subject to division

What debts are marital debts and subject to division

Whether either spouse is entitled to a portion of the other spouse’s retirement benefits

Whether either spouse is entitled to proceeds from the other spouse’s life insurance

Each spouse’s right to manage or collect profits from the other spouse’s business

How the spouses will pass on their assets through a will or trust

The cost of a prenuptial agreement in the U.S. can vary from several hundred to several thousand dollars. The exact price depends on your circumstances and may include any or all of the following fees. If you missed the opportunity to create a prenup before marriage, understanding <a href="/content/URL" rel="noopener noreferrer">prenup vs postnuptial agreement</a> can help you explore your options.

The cost of collecting financial information

If a spouse signs a prenup or a <a href="https://www.marble.co/blog/family/divorce/how-to-write-a-postnuptial-agreement" rel="noopener noreferrer" target="_blank">postnuptial agreement</a> without a complete understanding of the other spouse’s financial obligations and resources, the court may not enforce it. The records you might need to collect for a prenuptial agreement include:

Collecting this paperwork may come with a cost. For example, requesting credit reports could cost you as much as $14.50 per report. The more assets and liabilities you have, the more you could end up paying for document requests in preparation for negotiating a prenuptial agreement. Still, understanding each other’s liabilities and assets may help protect you from costly surprises in a divorce. If you have a prenup but one of you failed to disclose an asset or debt, you might have to attend a divorce hearing to determine how you and your spouse must handle that financial situation, which could mean paying more in court costs, attorney fees and witness fees.&nbsp;

<a href="https://www.marble.co/blog/family/divorce/prenup-lawyer" rel="noopener noreferrer" target="_blank">Working with an attorney</a> may be a significant but important part of your prenup cost. They may help you identify, gather and review all the information you need to make the best decisions about what terms should be in your agreement. An attorney may also draft your agreement in a way that makes a court more likely to approve and enforce it.&nbsp; How much you can expect to spend for a lawyer's help with a prenup varies from attorney to attorney and state to state. Attorneys typically cost several hundred dollars per hour, though some will help you prepare a prenuptial agreement for a flat rate. If cost is a concern, learning <a href="https://www.marble.co/blog/family/divorce/get-a-free-divorce-consultation" rel="noopener noreferrer">how to get a free divorce consultation </a>can help you find affordable legal guidance for family law matters.

The cost of hiring a financial professional

Since prenuptial agreements typically cover your financial rights and obligations in a divorce, you might need to speak to an accountant about your case. An accountant may analyze your current financial situation and help forecast your future obligations and needs. The cost to hire an accountant varies but is often a few hundred dollars per hour.&nbsp;

The things you agree to in your prenuptial agreement may come with their own costs. For example, if you and your spouse split, you might owe them thousands in support payments, or you might have to agree to give them the family home in exchange for them handling a marital debt such as a tax liability or student loan. To reach an agreement with your fiance, you may have to give up something of significant value. You get to choose what you sacrifice or keep in a prenuptial agreement, but there’s a degree of risk in your choices because your assets or liabilities at the time you divorce might be smaller or greater than you anticipated when you signed your agreement. There’s also a possibility that you could fare better in divorce court without a prenuptial agreement. Nevertheless, the outcome of a divorce hearing is far more unpredictable than what you determine in a prenup, and lengthy divorce proceedings may be expensive because of filing fees, attorney fees and the cost of traveling to court and missing work.&nbsp;

Although you don’t have to, many individuals choose to hire an attorney to write their prenuptial agreement. An experienced lawyer may help you understand how to protect your legal and financial interests. An attorney may review your financial documents, put you in touch with financial professionals and draft agreement terms that protect your rights and are enforceable under your state’s laws.

The length of a divorce process varies, but you can get a general sense of how long things may take.


How long does a divorce take: 10 factors that affect your divorce timeline

How Long Does a Divorce Take? 10 Important Factors | Marble Law

The average divorce takes 12 months from the date you file the divorce petition to the date the divorce is final, according to <a href="https://www.investopedia.com/how-the-divorce-process-works-5205594#:~:text=Key%20Takeaways,about%20%241%2C600%20in%20other%20expenses." rel="noopener noreferrer" target="_blank">Investopedia</a>. In reality, the divorce process may take anywhere from a few weeks to more than a year. In fact, in a survey of divorcees conducted by Marble, over 52% of respondents reported that their divorce took between one and six months. The reality is, each case is unique, and nobody can accurately predict how long your divorce will take.&nbsp; That said, certain factors often make a divorce process require more time or go faster. Below we examine different elements that can affect the length of time it takes to complete a divorce, as well as how to speed up your divorce.

Cooling-off periods and periods of separation

If your state requires a cooling-off period or a <a href="https://www.marble.co/blog/family/divorce/legal-separation-vs-divorce/" rel="noopener noreferrer" target="_blank">period of separation</a> as part of the divorce process, your divorce will take longer.

Cooling off period: Also called a reflection period, this time between the filing of a divorce petition and the finalization of the divorce is meant to give the couple time to work on their relationship or, in the end, decide to file for divorce. The length of the period varies by jurisdiction and may range from a few days to several months.

Period of separation: During this period, the couple may be living apart (or “together as separate” in some states) but is still legally married. The length of the period varies depending on the jurisdiction and may range from a few months to several years. In some states, the separation period must be met before the divorce can be filed; in others, it needs to be met before the divorce can be finalized.

As a practical matter, the point of waiting periods and separation requirements is the same: to give couples an opportunity to rethink the decision to end their marriages before they proceed with a divorce. In some states and situations, it’s possible to waive the cooling-off period or period of separation. For example, when both parties agree to the waiver or in cases where there’s domestic abuse. However, the requirements for the waiver differ depending on the state.&nbsp;

Some jurisdictions have specific residency laws that you need to meet before filing for divorce. Generally, you must have lived in the state for a certain period of time before you can file. This time can range from six weeks to two years. If one or both spouses don’t meet the residency requirements, they may be required to wait until they’ve lived in the state for the required amount of time before they can file for divorce. In some states, it’s possible to waive the residency requirements, however, the requirements for the waiver differ depending on the state.&nbsp;

Whether your divorce is no-fault or fault-based can have a significant impact on the amount of time it takes to get divorced.&nbsp;

A <a href="https://www.marble.co/blog/family/divorce/no-fault-divorce/" rel="noopener noreferrer" target="_blank">no-fault divorce</a> is one in which both parties agree to end their marriage without assigning blame. This type of divorce tends to be quicker, since there’s no need to prove in court that the other spouse is legally responsible for the breakdown of the marriage.

A fault-based divorce is one in which one party must prove that their spouse is legally responsible for the breakdown of the marriage. Reasons (also referred to as grounds) for a fault-based divorce can include adultery, abandonment, imprisonment, mental illness and more, depending on the state laws. These types of divorces tend to take longer, since the process may involve interrogatories, depositions, witness statements and other forms of evidence.

The exact time added to a fault-based divorce compared to a no-fault divorce can vary and depends on several factors such as jurisdiction, the complexity of the case and the willingness of the parties to reach a settlement. However, it’s fair to say that fault-based divorces generally take longer and can add several months to the process.

An <a href="https://www.marble.co/blog/family/divorce/uncontested-divorce/" rel="noopener noreferrer" target="_blank">uncontested divorce</a> typically takes less time to complete compared to a contested divorce.&nbsp; In an uncontested divorce, both parties have agreed to all the terms of the divorce and don’t dispute any issues. This allows for a far quicker resolution. <a href="https://www.forbes.com/advisor/legal/divorce/how-long-does-divorce-take/#:~:text=Uncontested%20divorces%20took%20about%20eight,the%20court%20for%20the%20divorce." rel="noopener noreferrer" target="_blank">According to Forbes</a>, an uncontested divorce takes an average of eight months to complete.&nbsp; <a href="https://www.marble.co/blog/family/divorce/contested-divorce" rel="noopener noreferrer" target="_blank">A contested divorce</a> involves disagreements between the parties over issues such as property division, child custody, spousal support and more. This can prolong the process and result in a trial or settlement negotiations.&nbsp; The amount of time a contested divorce takes can vary widely depending on the complexity of the case and the jurisdiction. According to a survey of readers by <a href="https://www.lawyers.com/legal-info/family-law/divorce/how-long-does-divorce-take.html" rel="noopener noreferrer" target="_blank">Lawyers.com</a>, a divorce with one contested issue takes about 12 months to complete. Having two contested issues adds another month, and a divorce with three or more contested issues takes about 16 months to finalize.

Serving divorce papers is a critical part of the divorce process, as it officially notifies one party that the other has initiated divorce proceedings. When serving papers, there are several potential problems that can arise and lead to delays in the process:

Difficulty in locating the recipient: If the recipient can’t be found or moved without leaving a forwarding address, it can make serving the papers challenging.

Refusal to accept service: The recipient may refuse to accept the papers, which can result in the need for alternative methods of service, such as substitute service (serving the papers to another responsible adult at the recipient’s residence) or mail service (sending the papers to the recipient by certified mail). If the recipient still refuses to accept service or respond to the divorce, the court may grant a default judgment, which allows the divorce to proceed without the recipient’s participation.

Incorrect service: The papers may be served to the wrong person or address, which can result in the need to re-serve the papers and delay the divorce process.

Contesting jurisdiction: The recipient may challenge the jurisdiction of the court, which can result in additional legal proceedings and delays.

International service: If the recipient is located in a foreign country, there may be difficulties with international service, and additional time may be required to comply with international laws.

The timing of your divorce is dependent to some degree on the court in which you’re filing. A crowded calendar may result in delays in scheduling and completing court proceedings such as hearings and trial dates. The court’s calendar also influences the amount of time it takes to finalize any alternative dispute resolution for <a href="https://www.marble.co/blog/family/child-custody/can-you-get-child-support-if-the-father-isnt-working/" rel="noopener noreferrer" target="_blank">child support</a> or other matters related to the divorce. If the court is backlogged with cases, it may take longer than you anticipated to get a divorce.&nbsp;

If there are complex and disputed issues—such as the division of significant assets, spousal support and child custody—it may take longer to gather and present evidence, negotiate terms and reach a settlement agreement or have a judge make a decision. This can result in a longer and more drawn-out legal process.

The divorce process requires both spouses to disclose all of their financial assets. However, sometimes one spouse won’t fully divulge all of their assets. This might be due to an oversight, but it can also be because one spouse doesn’t want to split money or assets with the other.&nbsp; In order to uncover attempts to hide assets during a divorce, a process called “discovery” is necessary, which may involve requests for documents, interrogatories and depositions. All of this can significantly delay the divorce process.&nbsp;

Alimony, also known as spousal support or maintenance, is a court-ordered payment made by one spouse to the other after a divorce or separation. The purpose of alimony is to help the receiving spouse maintain their standard of living after the marriage has ended.&nbsp; Alimony is a complex issue that can significantly affect the amount of time it takes to get a divorce. The two parties must come to an agreement about how much alimony, if any, will be paid and for how long. If the couple can’t come to an agreement, a court must intervene and make a decision about the amount and duration of alimony. If that happens, you’re subject to the court’s calendar.

Child custody and child support battles are often emotionally charged and difficult to resolve. The parties may need to participate in negotiations, mediation or court proceedings to determine the <a href="https://www.marble.co/blog/family/child-custody/custody-schedules-by-age/" rel="noopener noreferrer" target="_blank">custody arrangement</a> and amount of child support. If the parties can’t reach an agreement, the court may need to make a decision, which can add additional time to the divorce proceedings. The amount of time it takes to resolve child custody issues during a divorce can vary greatly depending on the circumstances of the case. In some cases, the parties can reach a mutually agreeable custody arrangement in a matter of weeks or months. However, in more complex or contentious cases, the process can take several months or even years, especially if the matter goes to court. The duration of the process may also depend on factors such as the availability of local family court resources and the willingness of both parties to compromise.

There are several ways to speed up a divorce, including:

Uncontested divorce: If both parties agree on all the terms of the divorce, they can file for an uncontested divorce, which can be processed faster than a contested divorce.

Alternative dispute resolution (ADR): These techniques can work well for expediting the divorce process, significantly reducing the amount of time spent in court proceedings. One option is <a href="https://www.marble.co/blog/family/divorce/what-is-divorce-mediation/" rel="noopener noreferrer" target="_blank">mediation</a>, a legal process where a neutral third-party mediator helps both parties reach an agreement on the terms of the divorce. Another option is <a href="https://www.marble.co/blog/family/divorce/what-is-divorce-mediation/" rel="noopener noreferrer" target="_blank">collaborative divorce</a>, where both parties and their lawyers work together to resolve the terms of the divorce without going to court.

Waiving the waiting period: In some states, there is a waiting period between the filing of the divorce and its finalization. You may be able to waive the waiting period by showing that the divorce is uncontested and that both parties are in agreement.

E-filing: Many courts now offer the option to file divorce papers electronically, which can speed up the process compared to filing in person.

When it comes to child support issues, ensure that you have all the necessary documents in order and that you understand your legal rights and obligations. If you and your spouse reach an agreement on the issues of child support, alimony and other matters, make sure that the agreement is legally binding by signing a settlement agreement and filing it with the court. This can help to avoid any unexpected delays in the divorce process. Divorce timelines vary significantly by state. For example, <a href="/content/URL" rel="noopener noreferrer">how long it takes to divorce in Illinois</a> differs from <a href="https://www.marble.co/family/answers/georgia/how-long-does-it-take-to-get-a-divorce" rel="noopener noreferrer" target="_blank">how long it takes to divorce in Georgia</a>, and understanding <a href="/content/URL" rel="noopener noreferrer">how to divorce in Florida</a> reveals yet another set of requirements and waiting periods.

If you’re getting a divorce, here’s what you should know about the factors that impact alimony. 

How long do you have to be married to get alimony?

If you played a game of word association, chances are, many people would say “alimony” in response to the word “divorce”. Also known as spousal support or spousal maintenance, alimony is a common concern for both parties in a divorce case. Aside from how much alimony one party may receive (and the other party may pay), as well as how long those payments last, many people wonder, how long do you have to be married to get alimony?&nbsp; The answer depends on where you file for divorce. Laws regarding divorce and alimony differ from state to state. Many states have no marriage length requirement before a spouse may request and receive alimony. Other states indicate a minimum period a marriage must last to make an alimony award more likely. And in many states, often the longer your marriage, the greater your entitlement to alimony is. Read on to learn more about spousal support, including how to qualify for alimony, how long you have to be married to get alimony and how to get alimony in a divorce.

<a href="https://www.marble.co/family/alimonyandspousalsupport" rel="noopener noreferrer" target="_blank">Alimony is a payment the court orders </a>one spouse to pay to the other after their divorce is final or during divorce proceedings. This is different from child support, which is designated for the care of children - learn more about <a href="https://www.marble.co/blog/family/child-custody-and-visitation/alimony-vs-child-support" rel="noopener noreferrer">alimony vs child support </a>to understand how each works. In many cases, a spouse must pay alimony in monthly installments, but sometimes the court awards alimony to the other spouse in a lump sum. Lastly, alimony could be a permanent or temporary obligation.

Whether you qualify for alimony depends on your state’s alimony law. This law may include how long you have to be married to get alimony. Let’s break this down. In some states, whether to award alimony and how much to award is a decision that requires the court to consider factors such as:

The receiving spouse lacks the assets to provide for their own reasonable needs

The receiving spouse has made significant contributions (financial or otherwise) to the education, training or earning ability of the other spouse

The receiving spouse had a long marriage and their age might prevent them from obtaining adequate employment

The receiving spouse doesn’t have the earning ability to be self-sufficient

The receiving spouse is the parent of a child whose condition-related or age-related needs indicate that the spouse shouldn’t be required to work outside the home

Other states, like Colorado, have detailed guidelines for the amount of alimony to award. These states may also require your marriage to have lasted a minimum amount of time, such as three years, before you can request alimony. Still other states require you to meet specific eligibility requirements in addition to having a need for support before the court can consider awarding alimony. For example, Texas requires you to meet one of the following conditions:&nbsp;

The paying spouse was convicted of, or received deferred adjudication for, a crime involving family violence committed during the marriage

The receiving spouse is seeking maintenance because of an incapacitating mental or physical disability