When I practiced divorce litigation in New York, I would estimate the average cost of a divorce to a single party in the range of $50,000-$100,000. Of course, that estimate could change greatly depending on any number of factors. However, what can be said is that the average retainer a divorce attorney would request is $7500-$10,000 (more in the case of a high net worth individual) with average hourly rates of $400-$750. Clearly, the costs can increase quickly. Simply stated, divorce in New York is an expensive process. Mediation on the other hand is much cheaper, probably in the realm of $4000-$10,000 inclusive of filing fees. This is because you are dealing with a single attorney-mediator and you are not in court which drives up the costs.

The cost of mediation will mainly depend on the following factors: (1) how many issues are involved in your case, (2) how complex are those issues, e.g., are there closely held businesses, overseas holdings, etc., (3) and how reasonable are the parties or, in other words, are both parties desirous of making a deal. I would contend that this last issue is the key to a successful mediation. After our first (free) consultation I usually inquire whether each party feels comfortable with me and would be willing to accept my recommendations. If not, they are probably candidates for litigation. Keeping on the issue of expenses, there can be additional fees if it is necessary to retain outside experts. For example, if the parties cannot agree as to the value of a piece of property, we would need to retain a valuator or broker. If we need to divide a 401(k) or defined benefit plan, a qualified domestic relations order will be necessary (a QDRO) and we would need to hire an expert to do that valuation (typically about $600). Lastly, as an attorney, I can also file your divorce papers which in turn entails certain NYS filing fees (a few hundred dollars). Lastly, if and when we reach an agreement, a party may wish to have an independent attorney review the agreement to ensure it is appropriate.

if you are interested in divorce mediation, please contact me to schedule your free one hour consultation.