Why Some Divorces Are So Expensive (and How to Keep Yours Affordable)
The True Cost of Divorce in California
When clients ask, “How much will my divorce cost?” the real answer depends less on the lawyer’s hourly rate and far more on the complexity and conflict level of the case.
Under California’s “no-fault” divorce system (Family Code §2310), either party may dissolve a marriage based solely on irreconcilable differences. But that simplicity ends once the couple begins disputing support, property, or custody- each of which can trigger major litigation costs.
The Myth of the “Cheap Divorce”
A divorce can be relatively inexpensive when: Both parties exchange complete and timely financial disclosures under Family Code §2100–2108,
– There are no children or both agree on custody and visitation, and
– There’s a general consensus on the division of assets and debts.
However, once conflict arises—particularly around spousal support (Fam. Code §§4320, 4330), child custody (Fam. Code §§3011, 3020–3042), or property characterization (Fam. Code §§760–772)—the divorce moves from ‘negotiated peace agreement’ to full-scale litigation.
What Actually Makes a Divorce Expensive
Below are the major drivers of legal fees and costs that can send even moderate-asset divorces into six-figure territory.
1. Contested Support or Custody RFOs
Requests for Orders (RFOs) under Cal. Rules of Court 5.92–5.94 require declarations, exhibits, replies, and often live testimony. When a case involves repeated RFOs—especially dueling ones—the billable hours multiply rapidly.
2. Evidentiary Hearings and Trials
An “evidentiary hearing” is essentially a mini-trial. Preparing witnesses, organizing exhibits, and drafting trial briefs (often under Rule 5.394) demands extensive attorney time. A single day hearing can cost as much as $10,000–$15,000 in preparation and appearance time.
3. Custody Evaluations and Minor’s Counsel
When parenting disputes involve psychological or developmental issues, courts may order a 730 Evaluation under Evidence Code §730 or appoint Minor’s Counsel under Fam. Code §3150. These experts often charge $5,000–$20,000+, and their recommendations can dramatically shape the outcome—leading parties to contest or supplement reports through additional expert testimony. Sometimes the “report” is just the beginning of yet another contesting hearing, and eventually another evaluation.
4. Forensic Accountants and Business Valuations
When one spouse owns a business, determining its community and separate components often requires a forensic CPA. Tracing, valuation, and goodwill analyses are guided by In re Marriage of Pereira (1909) 156 Cal. 1 and In re Marriage of Van Camp (1921) 53 Cal.App. 17.
If community effort materially increased the value of a separate-property business, a detailed analysis is needed to apportion that growth—an exercise that can cost tens of thousands of dollars.
5. Discovery Battles
California’s discovery rules (Code Civ. Proc. §2016.010–2036.050) allow subpoenas, depositions, and motions to compel. Each dispute over withheld records or incomplete disclosures can consume weeks of attorney and paralegal time.
Examples of “High-Ticket” Divorce Issues
- Business Tracing & Commingling: Determining whether accounts or real estate were transmuted from separate to community property (Fam. Code §852; Marriage of Valli (2014) 58 Cal.4th 1396).
- Real Estate Disputes: Claims for reimbursement under Family Code §2640 often require appraisals and historic tracing of down payments or capital improvements.
- Custody Litigation: Extended hearings on the best interests of the child (Fam. Code §3011) may involve expert testimony, relevant eye-witness testimony, school records, medical records, and of course don’t forget those expensive depositions beforehand!
How to Keep Costs Down
- Commit to Early Disclosure.
Incomplete disclosures under Code §2104 nearly guarantee future litigation—and sanctions under §2107. - Avoid Reflexive Filings.
Every motion generates opposition, reply, and potential hearings. Consider mediation or settlement conferences first. - Use Neutral Experts.
Jointly retained appraisers or forensic accountants under Code §730 reduce duplication and cost. - Stay Child-Focused.
Courts prioritize stability and co-parenting. Keeping your focus on your children—not punishment—curtails emotional spending. - Think ROI.
Don’t spend $10,000 litigating a $2,000 dispute. Pick your battles wisely.
Final Thoughts
A “cheap” divorce isn’t about cutting corners—it’s about containing conflict. A truly expensive divorce usually reflects mistrust, non-disclosure, or entrenched emotion.
At the Law Office of Channe G. Coles, we guide clients through efficient, transparent resolutions, protecting their rights while minimizing unnecessary hearings and expert costs. Whether your case involves custody, business valuation, or support modification, thoughtful strategy early on can save tens of thousands later.
Channe G. Coles- Family Law Attorney
Santa Barbara & Ventura Counties
