Who Pays For The Divorce Costs?

October 17, 2021

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One of the most difficult aspects of divorce is deciding who will be responsible for paying the costs. What if there are children involved? Who pays child support? There are three types of divorce with different answers to these questions.

No-Fault Divorce

The first type is no-fault, which means that both spouses agree on divorcing and have made a decision about any children they may have together. In this case, it’s not necessary to go through a trial or judge because everything has already been decided between them beforehand. This makes it easier to decide who will pay what because neither person feels like they’re giving up more than they really want and both parties feel like their needs were taken care of in the agreement.

How Much No-Fault Divorce Costs?

On average, the cost of a no-fault divorce in Canada is $1500 for filing fees, $600 for a court reporter and $900 for legal fees. The same in the USA is $3000 for filing fees, $1500 for a court reporter and $1800 in legal fees.

Who Pays The Divorce Cost in No-Fault Divorce?

In a no-fault divorce, the costs are split evenly between both parties. If there are alimony and child support involved, then the costs are shared between both parties.

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Fault Divorce

The second type is contested, which means that there is no agreement between the spouses. This can be very difficult for both parties because they are fighting over every single detail of the divorce, including who will pay what costs. The third type is contested but with custody agreements made beforehand, so again it’s easier to see where everyone stands and how much needs to be paid by one person or the other.

Who Pays The Costs In No-Fault Divorce?

In no-fault divorce, each party pays their own legal costs, which means that if one party is wealthier than the other then they are likely to pay for more of it.

How Much Fault Divorce Costs?

In a fault divorce, there are no agreements between parties and everything needs to be decided by a judge. In these cases, legal fees for both sides can add up to $15000 in Canada and around $25000 in the USA . On top of this is filing fees, which are around $500 for Canada, and court reporter fees which can be up to $1500.

Who Pays The Divorce Costs in Fault Divorce?

When there is no agreement on divorce costs between the spouses, the judge decides who will pay what. This often comes down to income because if one spouse makes significantly more than the other then it’s likely that they will pay more of the costs.

What If There Is Custody Involved?

If there is custody involved, child support needs to be taken into account because judges must follow certain guidelines in Canada and the USA for alimony and child support payments if one spouse has primary custody or 50/50 shared custody.

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Other Costs Involved in Divorce

There are also costs like mediation and arbitration that can be added into the divorce that you might not have known about. Mediation is when a third party helps both sides come to an agreement without going through a trial, while arbitration makes it easier for one side to win by having someone else (an arbitrator) make the call instead of a judge.

Recommendation for Divorce Costs?

It’s always best to talk about divorce costs with an attorney so that you know exactly what you’re getting into and where your money will be going. They can also help advise on any other fees or processes involved in the divorce that might cost extra, like mediation or arbitration.

How To Save Money On Divorce?

Here are few tips you can use to save money on divorce:

1. Talk to your spouse about the divorce before hiring a lawyer. You might be able to come up with an agreement that makes both of you happier and saves you some money.

2. Do not hire lawyers who are close friends or family. Rather, find an attorney that specializes in divorce so that you know they have handled cases just like yours before and can advise you accordingly.

3. If you are able to, use mediation or arbitration instead of going through a trial. This will save both sides money and time.

4. Do not hire a lawyer if you can handle your divorce without one. You might be able to represent yourself and save some money that way, though it’s always best to talk things over with an attorney before making any decisions.

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