How Much Does It Cost To File For Legal Separation?

The average filing fee for a legal separation is $349 in the U.S.

*Keep in mind this is not an actual quote. Contact High Desert Family Law Group for more information. 

Average Legal Separation Costs

On average in the U.S., legal separation costs $50,000, with prices ranging from $1,000-$100,000. The biggest difference in cost can be found between uncontested and highly contested separations. Uncontested legal separation can cost as little as $1,000, while highly contested cases can cost upwards of $100,000.

Legal Separation Cost Factors

These are four factors that can cause the legal separation fees to either increase or decrease:

1. Location.
2. Contested Vs Uncontested.
3. Lawyer Fees.
4. Third-Party Fees.

Let’s go into detail about these potential factors.

Location

In most larger cities, the cost of a legal separation will be higher. Location is an essential part of the process; just as necessary as it is for a real estate case. Divorce attorneys and third-party specialists, such as psychologists and accountants, will undoubtedly cost more in larger areas, as well. Urban areas are more likely to have larger concentrations of high-income clients, causing legal costs to increase.

Contested Vs Uncontested

Uncontested divorces that are amicable could undoubtedly cost less than contested divorces. The goals and conduct of each spouse in the case can impact the overall cost. This means constant disputes or fights will inflate the price tag over time. Parties open and willing to negotiate important issues related to the divorce will end up paying less. Fighting will only lead to a longer and more expensive process.

Lawyer Fees

In any divorce or legal separation, it is the lawyer fees that end up as the biggest expense. Typically, attorneys will charge by the hour. These rates will differ based on a few things, such as lawyer experience level and location. On average, legal separation lawyers should charge $200-$500 per hour. In a larger city with an experienced lawyer, though, rates can climb all the way up to $700 per hour.

Third-Party Fees

Cases that involve third-party professionals, such as financial experts or property appraisers, will likely increase costs. Other cases that call for the services of child psychologists or expert witnesses could end up costing thousands more in legal fees. Other additional costs could include paying for recording of deposition testimony, buying copies of deposition transcripts, etc. Attorneys will also charge for interviewing experts and managing depositions.

How To File For Legal Separation In Arizona

The filing process is as follows:

• Fulfill Arizona’s residency requirements.
• Submit a petition for legal separation.
• Create a separation contract.
• Serving your spouse while you await a response.
• The possibility for the spouse to submit a counter-petition.
• Notarize and sign the contract.
• Await the court’s review of the petition.
• The petition is signed by the judge, who records it with the court.

It’s important to note an already-married couple can share their finances while they are still together through the legal separation procedure.

Legal Divorce And Separation In Arizona

The two are comparable in a lot of respects. They separate partners and order the distribution of assets and debts as well as child custody, support for the kid or children, and support for the spouse.

In Arizona, a separation allows you to continue receiving marriage-related benefits like social security, health insurance, and other things, unlike a divorce. You can remarry after getting divorced. With legal separation, this is not the situation.

A judge has made this agreement between the parties. Child custody, visitation, child support, spousal support, and the division of assets and debts are all subject to the terms of this agreement. Before signing any paperwork, the terms of the divorce must be agreed upon. If there are any unresolved concerns, the court will rule on them. In Arizona, a divorce typically takes sixty days to finalize.