The Cost Of Divorce

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In A Nutshell

  • Divorce costs vary dramatically by state, from $6,170 in Montana to $14,435 in California, an $8,000 gap driven by regional differences in legal fees, filing costs, and attorney rates.
  • California leads total divorce spending at $1.47 billion annually, while Texas residents pay the most per capita at $40.20 per person due to high case volumes and steep per-case costs.
  • Nearly one in three users on a married dating site report avoiding divorce because they can’t afford it, showing how financial barriers trap couples in unhappy marriages.
  • Small states like Delaware, Oklahoma, and Wyoming rank among the top five for per-capita spending, proving that even modest divorce rates can create substantial financial burdens for residents.

Divorce marks the end of a marriage. For millions of Americans, it also signals a new financial burden. The cost to legally end a marriage ranges from $6,170 in Montana to $14,435 in California, an $8,000 gap that reveals how geography shapes the price of starting over.

A new analysis by Split Up, a platform tracking relationship and legal-cost data, compared divorce fees, attorney expenses, and case counts across all 50 states. For many unhappy couples, the price of emotional freedom has become too steep. Indeed, the findings show that where you live can determine whether splitting up is an affordable endeavor or financially devastating.

California leads the nation in divorce costs

The Golden State tops the list with an average divorce cost of $14,435, the highest in the U.S. That figure combines a $435 filing fee (also the nation’s highest) and roughly $14,000 in attorney and other legal expenses.

Despite a relatively modest divorce rate of 6.2 per 1,000 women aged 15 and older, California’s massive population means about 101,771 divorces occur each year. Multiply that by the cost per case, and California residents collectively spend approximately $1.47 billion annually on divorce, more than any other state.

The data points to legal complexity, higher attorney rates, and elevated property values as key factors pushing California’s costs so high. The filing fee is just one piece. The entire structure of legal expenses in high-cost-of-living states adds up quickly.

New York ranks second, with an average cost of $13,835 per divorce and total spending of $651 million per year. Texas follows at $12,800 per case. Because Texas sees about 98,252 divorces annually, Texans spend a collective $1.26 billion each year, second only to California.

Connecticut, New Jersey, and Delaware follow close behind, each averaging between $12,000 and $12,400 per divorce. These small Northeastern states prove that size doesn’t matter when it comes to expensive legal separations.

Divorce
Divorce, for many, is too expensive. (© Richard Villalon – stock.adobe.com)

Where divorce hits wallets hardest

When measured by per-capita spending (total statewide divorce spending divided by population), Texas stands out. Residents there spend $40.20 per person annually on divorce, narrowly edging out Delaware ($39.70), Oklahoma ($39.40), Nevada ($39.20), and Wyoming ($39.20).

In smaller states, even a modest number of divorces can create big per-resident averages. Delaware, for instance, logs about 3,433 divorces per year but ranks near the top due to high legal fees relative to its population.

On the other end of the spectrum, Montana earns the title of most affordable place to divorce. Couples there pay an average of $6,170: a $170 filing fee plus around $6,000 in attorney costs. With about 2,900 divorces annually, the state’s total spending is under $18 million, translating to only $15.80 per resident.

New Mexico ($16.20 per capita), Maine ($18.20), Wisconsin ($19.60), and Idaho ($20.10) round out the list of least expensive divorce states.

What drives the high cost of divorce

The typical American divorce involves far more than paperwork. Attorney consultations, mandatory waiting periods, and dividing assets all add to the bill. In states with higher costs of living, attorney fees can push even straightforward cases well above the national average.

Split Up’s analysis shows that Alabama leads the nation in filing fees at $400, more than double the national average of $195. But legal complexity remains the biggest factor. Custody disputes, real estate holdings, and retirement accounts can stretch proceedings for months or years.

Inflation hasn’t helped either. Rising costs across the legal process (from document filing to mediation) are pushing totals higher. Divorce reflects broader economic realities: when living costs rise, so do the costs of leaving.

That financial pressure has real consequences. For many couples, divorce is no longer just emotionally draining; it’s financially out of reach.

Geography creates unequal access to divorce

States with higher wages and property values tend to have pricier divorces. Rural or less densely populated states typically report lower attorney fees and overall costs.

Some states with high divorce rates end up with high per-capita costs despite smaller populations. Wyoming, for example, has a divorce rate of 10.7 per 1,000 women aged 15 and older, the highest in the nation. Even with a modest total number of divorces, each resident’s wallet feels the impact more acutely.

This regional variation shows how costs can delay or discourage filings for some households. In Montana, a couple facing marital breakdown might afford to file within weeks. In California, that same couple could spend months saving just to start the process.

The gap also affects how long people stay in troubled marriages. Financial barriers can trap couples who want to leave but can’t afford the legal fees, filing costs, and post-divorce expenses like separate housing.

Small states pack an expensive punch

Delaware’s $39.70 per-capita spending illustrates how small populations magnify individual costs. With about 3,433 divorces per year, the state’s $12,165 average cost per divorce translates to a high per-resident burden.

Oklahoma and Nevada follow similar patterns. Both states have divorce rates above the national average (8.3 and 8.9 per 1,000 women, respectively) and per-capita spending near $39 to $40 per resident. These aren’t the states with the most divorces, but they’re the ones where divorce costs hit residents hardest relative to population size.

Wyoming presents another striking example. The state pairs the nation’s highest divorce rate (10.7 per 1,000 women aged 15 and older) with one of the top per-capita spends ($39.20). With a small population of about 580,000, even a moderate number of divorces creates a disproportionate financial burden per resident.

What the future might hold

The traditional legal system remains dominant, and it’s costly. While some states may explore ways to simplify divorce procedures, most couples still face the same expensive process: hiring attorneys, filing court documents, and navigating complex asset division.

For now, the U.S. divorce map tells a clear story: whether you live in a high-priced coastal state or a low-cost mountain region, the price of starting fresh can vary by thousands of dollars. And that’s before counting the emotional toll.

Average Cost of Divorce by State (USD)

StateCost per Divorce
Alabama$10,400
Alaska$10,250
Arizona$10,280
Arkansas$8,165
California$14,435
Colorado$11,230
Connecticut$12,360
Delaware$12,165
Florida$10,409
Georgia$11,400
Hawaii$9,215
Idaho$8,154
Illinois$10,334
Indiana$9,157
Iowa$9,185
Kansas$8,400
Kentucky$8,148
Louisiana$10,200
Maine$8,120
Maryland$11,165
Massachusetts$12,200
Michigan$10,175
Minnesota$9,365
Mississippi$8,400
Missouri$10,134
Montana$6,170
Nebraska$8,158
Nevada$10,217
New Hampshire$9,400
New Jersey$12,300
New Mexico$6,637
New York$13,835
North Carolina$10,075
North Dakota$8,080
Ohio$9,350
Oklahoma$9,183
Oregon$10,301
Pennsylvania$11,202
Rhode Island$10,400
South Carolina$10,150
South Dakota$8,595
Tennessee$9,685
Texas$12,800
Utah$10,725
Vermont$9,090
Virginia$11,586
Washington$10,314
West Virginia$8,134
Wisconsin$8,685
Wyoming$9,085

Source: Split Up analysis (Oct 2025). Figures reflect filing fees plus other legal and attorney costs.

Disclaimer: This article is for general informational purposes only and does not constitute legal or financial advice. Divorce costs vary based on individual circumstances, case complexity, and legal representation. Readers considering divorce should consult with qualified legal and financial professionals in their state.


Methodology

Split Up collected average filing fees and attorney-cost data for every state from FindLaw.com. These figures were combined to estimate a mean cost per divorce. Divorce rates (defined as divorces per 1,000 women aged 15 and older) were obtained from the U.S. Census (Table R1253). Researchers multiplied each state’s average cost by its estimated annual number of divorces to calculate total statewide spending. Per-capita spend was then derived by dividing total statewide divorce spending by total population. Data for average attorney hourly rates was compiled but excluded from rankings due to large variation across states. All data were collected in October 2025.

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1 Comment

  1. Charles says:

    The heart borne flush of joy a baby experiences upon praise or statements of love is inbred human nature. This continues throughout life Withering only upon passing. It works in marriage. Every day tell her you love her and whenever she does something for you say thank you. Love Thank You – words that work.