Let’s state the obvious. Even when you’re in a financially stable position, divorce is incredibly stressful. Now, what happens if you want (or need) a divorce but your bank account is depressingly empty? What happens if you want to get a divorce, but you’re broke?
Too often, spouses, and especially women, decide to stay in unhappy and unhealthy marriages because they fear they cannot afford to get divorced. Their fears are understandable. According to the legal website, Nolo, the average cost of divorce in the United States was $12,900. If you’re struggling to make ends meet, that cost can seem insurmountable.
What do you do?
Fortunately, there are ways to dramatically lower or even eliminate the cost of divorce. Here’s what you need to know to save money on your divorce.
Stay Out of Court!
The most direct way to save money on your divorce is to avoid expensive legal battles with your spouse. Nolo’s survey of its member found that of the $12,900 cost of an average divorce, $11,300 of that amount came from attorney’s fees!
If possible, file for an uncontested divorce. If you and your spouse don’t have many assets, haven’t been married for very long, and are able to maintain a cordial relationship, you may be able to hammer out a divorce settlement that you can both live with. That could eliminate the need for expensive lawyers.
However, filing for an uncontested divorce isn’t the right option for every couple. Many couples struggle to find agreement on some of the biggest divorce sticking points, like child custody, ownership of the home, business ownership, spousal support, retirement and pension distributions, etc.
In these situations, consider trying mediation first before you go to court. According to Thervo.com, meditation can cost between $500 and $1,500. That’s more expensive than an uncontested divorce, but it can still save you thousands or even tens of thousands when compared to waging your battles in court.
If you want to find out more about why mediation may be a great choice for you, check out Divorce Mediation Checklist: What To Expect. How to Prepare.
Get Your Court Fees Waived
Even if you and your spouse agree to file for an uncontested divorce, you’ll still be expected to pay a range of court fees to make your split legal. These fees differ from state to state but can run up to $500 or more. These fees can represent a crippling financial burden for some.
If you can’t afford the court fees, you may be able to get them waived. Find your local divorce court or family court online. The website should provide all the forms you need to file for your divorce along with a form requesting a fee waiver.
Download and fill out the fee waiver form, which will ask for your income, dependents, debts, and other financial information. You’ll need to get the form notarized. Many banks and libraries offer notary services for free. You can also go down to the court and have your form notarized by the clerk.
What if my spouse and I rent our home from a private landlord? It is an amazing deal for rent in our area and only a one bedroom so both of us want to stay in this rental. I don’t think their is a fair solution, except the fact that my spouse has said he thinks he needs to go into a retirement community or assisted living. The problem with that is that he has a lot of anxiety dealing with anything where he needs to call and make his own arrangements, I have done all of that for both of us for the last twenty years. But now that we want to separate, I feel like I am going to have to find a place and make his arrangements, if he can afford it.
If he thinks he needs to go into a retirement community, then it doesn’t make sense for him to stay in your rental, which I take it is not part of a retirement community. And since he won’t or can’t make arrangements himself, then yes, you will probably need to do the legwork to get this resolved. I’m guessing that you have always done the legwork for what needs to be done: as the marriage goes, so goes the divorce.
I have been married for 30 years in Pennsylvania . My children are adults one of whom has mental health issues , my former spouse filed for divorce in January . It is almost time to file a divorce agreement. He wants me to just sign and trust that he will stick to a handshake agreement . I am indigent and have been unable to find legal help . I am also afraid that I may be suffering from some type of cognitive decline .I am 60 years old my ex is several years younger and already engaged to be married I have no idea what to do at this point I have been a homemaker for 30 years with little to no earning potential . Can you please give me some advice . He has accrued some $ 40.000 in debt while we have been seperated and dissipated our other assets. He is open to allowing me to remain in the marital home for a 2 year period as part of our agreement and to provide spousal support however he has said many things in thevpast to get what he wants only to change this mind later and snow with a new marriage in the offing I am unsure what to do
It is not reasonable for him to expect you to just sign and trust him, especially given his track record in the past. You need to have an agreement in writing. Contact your county bar association and see whether they have help available for people of modest means such as yourself. Also contact the county clerk for your locale and see if they have any resources that they can recommend so that you can get legal help. And finally, look online at http://www.secondsaturday.com to see if there is a divorce workshop in your area or offered online by someone in your state.
I was married to my husband for 9 1/2 years. The end of last year he walked out on me purchased a house in Mississippi, bought a used boat and a trailer and a small piece of land all while we were still married. He filed divorce papers in 2020 ( I had no clue) then hired a lawyer June 2022. My stress level is high, my mother passed in 10/18 my father passed 10/19 and my husband abandoned me in 2021. I’m going through probate court (parents estate) and divorce at the same time .I live in Georgia, we purchased a house before marriage. He gave me $28,000 to put down used my credit. I have paid $60,000 for repairs and improvements. He wants his share from the house. I ‘m broke because I used my money for repairs and etc. He didn’t do hardly anything for the house before I wouldn’t refinance to add his name to the house. By the way he is getting social security and I’m working. 10 year difference in our age. Should he get anything since he left me?
Honestly, I have no idea what the law is in Mississippi about any of the issues you are dealing with. You will need advice from someone who does. Even though you have no money, you may be able to find an attorney to advise you who is willing to take a lien on the house now and accept payment later when you have received your share of the assets.
I’m 46 years old with no children I’ve been married for 10 years Now we’re looking into a divorce We been living in his Father’s house ..Now he’s kicking me out where do I go ? Paying for a divorce is not as expensive Looking for a place to live is so hard because every penny I worked for has been to pay the bills ..Now what
Talk to an attorney right away about filing for alimony so that you can live.
I am so confused I have been married for 18yrs in April 15th 2020 my only daughter died at age 36 8 mths after her death my 2nd husband left me in nov 2020 he came back march 2021 left again june 2021 I filed for divorce in sept 2021 hired a attorney in sept 2021 and now I am getting evicted from my apt and I am still not divorced w that should I do
First things first. Since you are being evicted, you should take steps to figure out where you are going to live. If you need support from your husband, and he has the ability to pay, then file the necessary papers with the court requesting support right away. After that, find out what needs to be done to get your divorce finalized, and move in that direction if that’s still what you want to do.