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How Much is a Divorce in PA: The Fees & Costs of Divorce
Divorce can be an emotionally and financially exhausting process. Mediation is a non-confrontational process which allows both spouses to reach mutually agreeable solutions for the issues they face when ending a marriage. Additionally, mediation is a cost-effective alternative to the formal Pennsylvania divorce process.
In the article, the Philadelphia divorce mediators at Peaceful Separation and Divorce provide an overview of the costs associated with the formal divorce process in Pennsylvania.
What is the Average Cost of Divorce in Pennsylvania?
The average cost of a divorce in Pennsylvania varies widely depending on the case’s specific circumstances. While it is challenging to provide an exact figure, the overall expenses may include attorney fees, court costs, legal counsel fees, and other related divorce expenses. If you are considering divorce, consult a family law attorney to get a more accurate estimate based on your unique situation.
Cost of Divorce Litigation vs Mediation
One of the key factors influencing the cost of divorce in Pennsylvania is the choice between litigation and mediation. Divorce litigation often involves formal discovery such as depositions, researching and drafting motions, and going to court, which can result in higher costs due to legal representation through divorce lawyers, court fees, and potential delays. Mediation is a cost-effective approach as it does not involve the time and expense of litigation and instead involves working with a neutral mediator to reach a mutually acceptable agreement.
Elements Affecting the Cost of Divorce in PA
The amount and intensity of litigation involved in a divorce directly reflects the level of animosity between both spouses. Stated more clearly, if both spouses cannot agree on one or more issues, the cost of a divorce will increase significantly. Utilizing a divorce mediator can help you avoid these expenses.
Issues Needing Resolution
Couples ending long-term marriages or divorcing couples with children will find they have several issues to address during the divorce. The complexity of the issues which need to be resolved during the divorce process can significantly impact the overall cost of a divorce. Matters such as child custody, child support, property division, and alimony can require retaining family law attorneys, extensive negotiations or court hearings, resulting in higher legal fees and expenses.
Child Custody & Support
As child custody is based on the best interest of the child standard ((§5328(a) of the Custody Statute in Pennsylvania), litigating child custody arrangements can influence the overall cost of the divorce. Engaging in child custody mediation can offer a cost-effective alternative to litigation by allowing parents to work together to create a custody arrangement that meets their child’s needs.
Additionally, a child custody award can also affect the non-custodial parent’s child support obligations. Disputes over custody and support may require representation by a divorce attorney, expert evaluations or litigation, all of which can contribute to higher legal expenses.
Number of Marital Assets & Debts
Under Pennsylvania law, marital property, and debts, i.e., assets and debts acquired during the marriage, are subject to being equitably divided (§3501(a) and §3502(a) of the Property Rights Statute in Pennsylvania). The number and complexity of marital assets and debts play a significant role in determining the cost of divorce. The more assets and debts which need to be evaluated, valued, and divided, the more time and resources are required, potentially increasing the overall expenses involved in the process.
Divorce Lawyer Cost vs. Mediator Cost
Your choice of attorney or mediator can also impact the cost of your divorce. An experienced divorce lawyer with more experience may charge higher fees but can offer effective representation in court. A mediator may charge higher fees but can save you money in the long term as they can guide you and your spouse through the mediation process, thereby allowing you to reduce your divorce cost.
Contested vs Uncontested Divorce Costs
Whether your divorce is contested or uncontested can significantly impact costs. In an uncontested divorce, both spouses agree on all major issues, which means formal litigation is unnecessary. However, in a contested divorce, i.e., one or both spouses cannot agree on one or more issues, the costs can escalate due to increased legal representation and court-related expenses, as a judge must resolve all contested issues.
PA Divorce Filing Fees
When filing for divorce in Pennsylvania, filing fees must be paid to the court. These fees are typically fixed and can vary depending on the county where the divorce is filed, e.g., the filing fee in Philadelphia is $333.73, but can be higher if there are multiple “counts” or requests in your Divorce Complaint. It is important to consider these filing fees when calculating divorce costs.
Summary of the Cost of Divorce in Pennsylvania
The cost of a PA divorce can vary greatly depending on your case’s unique circumstances and the issues that need to be litigated.
Considering mediation can help you save both time and money while maintaining control over your divorce process. For personalized guidance from an experienced divorce mediation lawyer and to learn more about the benefits of mediation, contact us today for a free consultation.