How much does it cost to file for divorce in 2025

Last updated 2026-07-09

What is the average cost to file for divorce?

"Filing cost" and "divorce cost" are two different numbers. Mixing them up is where most people go wrong.

The filing fee is what you hand the court clerk to open your case. It averages roughly $150 to $200 nationally, but it swings hard by state. California charges $435 for a petition for dissolution of marriage. Wyoming's fee is around $75 to $80. Texas lands in the middle, about $250 to $350 depending on the county. Each state's legislature or Judicial Council sets these fees and publishes them on official court websites, so you can verify yours before you ever show up. ^[1]

Total divorce cost is a much bigger animal. It adds attorney fees, process server fees, mediation if it's required, parenting class fees if you have kids, and the cost to prepare or notarize documents. Martindale-Nolo Research found the average divorce involving attorneys ran $12,900 per spouse, and high-conflict cases with custody fights can run into six figures. ^[2]

An uncontested divorce, where both spouses agree on everything, is a different story. Total costs drop to somewhere between the filing fee alone (if you do your own documents) and about $1,500 if you use an online service. That's the number most readers of this article should keep their eye on.

What are the court filing fees by state?

The filing fee is the one cost you can't dodge, and it varies more than people expect. The table below shows approximate initial filing fees for common states. These are the petitioner's fee. Many states charge the responding spouse a separate fee when they file an answer.

State	Approx. Filing Fee	Source
California	$435	CA Courts Self-Help
Texas	$250, $350 (county-varies)	TX Office of Court Administration
Florida	$409	FL Courts
New York	$210	NY Courts
Illinois	$289, $388 (county-varies)	IL Courts
Ohio	$150, $200	OH Supreme Court
Georgia	$200, $220	GA Judicial Council
North Carolina	$225	NC Administrative Office of Courts
Michigan	$175	MI Courts
Wyoming	$75, $80	WY Courts

Three things to know about this table. County-level variation inside a state can be big, and Texas is the worst offender. These figures change, so confirm on your specific court's official website before you file. And if your spouse has to file a response, even an agreed one, they may owe a separate fee running $50 to $250 depending on the state. ^[1]

Some states tack on an extra charge when children are involved, a children's trust fund surcharge or similar, that adds $15 to $40. Florida charges $409 for dissolution with minor children, the same as without. ^[3]

How much does a divorce cost with a lawyer versus without one?

This is the biggest cost lever you have. Hiring an attorney for a contested divorce is expensive in a way that shocks people until the first bill lands.

Attorneys charge hourly rates from about $150 an hour in rural areas to $500 or more in major cities. Retainers (the upfront deposit) commonly run $2,500 to $10,000. If the case goes to trial, billable hours pile up fast. Martindale-Nolo Research put the average total cost of a divorce at $12,900 when attorneys were involved, and $23,300 for cases that went to trial. ^[2]

An uncontested divorce may need no attorney at all. Both spouses prepare and file their own documents (that's "pro se" filing), pay the filing fee, and finish. The clerk can't give you legal advice, but most state court systems now run self-help centers or online portals with the official forms. ^[4]

The middle option is a limited-scope attorney, sometimes called "unbundled" legal services. You pay the lawyer only to review your documents or cover one specific hearing, not to run the whole case. A one-time document review runs $200 to $600. That's far cheaper than full representation.

Want help with the paperwork but not attorney rates? Online document preparation services fill that gap. Our divorce papers guide is a good place to see exactly what forms you'll need before you decide how to get them prepared.

What other fees come up beyond the court filing fee?

The filing fee is just the first check you write. Here's what else shows up.

Service of process. After you file, your spouse has to be formally served with the papers unless they sign a waiver of service (easy to do in an uncontested case). A private process server costs $40 to $150. Sheriff service is often cheaper, around $30 to $75. If your spouse signs the waiver, this step costs nothing.

Notary fees. A lot of divorce documents, especially affidavits and financial disclosures, need notarization. Banks often notarize free for account holders. UPS Store and FedEx charge $5 to $15 per signature. Some states allow online notarization, which runs $25 to $35.

Document preparation. Use an online service to build your forms and expect $100 to $500 depending on the platform. DivorceClear's document packet is $149 for a complete uncontested set. That covers the paperwork. The court filing fee still goes to the court separately.

Parenting classes. Many states require a co-parenting or parent education class when minor children are involved. These usually cost $25 to $75 per parent and often finish online.

Mediation. Stuck on one or two issues but otherwise close to a deal? Mediation can settle it without a trial. Private mediators charge $100 to $300 an hour, and many courts run low-cost or free mediation programs. ^[4]

Certified copies. Once the divorce is final, you'll want certified copies of the decree. Courts charge $5 to $25 each. Order at least two: one for your records, one to change your name if that applies.

Add it up. A simple uncontested divorce where both people cooperate and you do the paperwork yourself runs $200 to $600. One with a document service and a couple of minor wrinkles runs $400 to $1,200.

Can you get the filing fee waived if you can't afford it?

Yes, and hardly anyone uses it. Every state has a fee waiver or "indigency" process that lets low-income filers proceed without paying. Some states call it an "in forma pauperis" application, Latin for "in the manner of a pauper."

Income thresholds vary. Most states approve waivers for people at or below 125% to 200% of the federal poverty level. For 2025, the federal poverty level for a single person is $15,650, so a single filer earning up to roughly $19,500 to $31,300 could qualify depending on the state. ^[5]

The application is usually a short form at the courthouse or on the court's website. You list your income and expenses, sign under penalty of perjury, and submit it with your petition. A judge, or sometimes just the clerk, reviews it and grants or denies. If granted, the filing fee is waived, and sometimes other court fees go with it.

A few states, California among them, run an online fee waiver application that's decided before you set foot in court. ^[4]

If money is this tight, check whether your county law library or a local legal aid office can help with the paperwork itself for free. The Legal Services Corporation funds legal aid programs in every state built for people who can't afford legal fees. ^[6]

How much does an uncontested divorce cost compared to a contested one?

The gap is large enough to drive a truck through.

An uncontested divorce, where both spouses agree on property, custody, support, and every other issue, is the cheapest divorce there is. The costs break down like this:

• Court filing fee: $75 to $435 (varies by state)
• Service of process (if no waiver): $0 to $150
• Document preparation (DIY): $0
• Document preparation (online service): $100 to $500
• Parenting class (if required): $25 to $75 per parent
• Certified copies: $10 to $50
• Realistic total: $150 to $800

A contested divorce, where spouses fight and litigation follows, adds attorney fees, possible expert witnesses (appraisers, forensic accountants, custody evaluators), and court costs for motions and hearings. Martindale-Nolo found the average contested case cost $12,900 per spouse when it settled before trial and $23,300 when it went to trial. ^[2] Plenty cost far more.

The best way to control divorce costs is to reach agreement before you file, not after. A disagreement settled over the kitchen table or in a few mediation sessions costs a fraction of the same fight resolved by a judge after months of litigation.

For a closer look at the moving parts, the divorce attorney section covers what full representation actually buys and when it's genuinely necessary.

Does it cost more to file for divorce if you have kids or property?

For the court filing fee alone, usually no. Kids might add a small surcharge, but most states don't change the base fee based on children or assets. The fee for a couple with three kids and a house is often identical to the fee for a childless couple with nothing to divide.

Where children and property genuinely drive up cost is legal complexity, not filing fees. A divorce with minor children often needs a parenting plan, a child support calculation, and sometimes a guardian ad litem if the court appoints one to represent the children's interests (typically $1,000 to $5,000 in fees). Run a child support calculator to see what numbers the court will likely apply before you finalize your agreement.

Property and debt pile on complexity too. Own a home, and you may need a real estate appraisal ($300 to $600), a Qualified Domestic Relations Order (QDRO) to split a retirement account ($500 to $2,500 if a specialist prepares it), and mortgage refinancing costs if one spouse is buying the other out.

None of this means you can't do an uncontested divorce with kids or property. Plenty of people pull it off. It means you have to get the agreement right before you file, because changing a signed order after the fact is harder and more expensive than doing it right the first time.

If alimony is part of your picture, work it out and spell it out in the settlement agreement before you file.

How long does the divorce process take, and does that affect cost?

Time and money link up in two ways. Attorney fees accumulate by the hour, so a longer case means a bigger bill. And most states impose a mandatory waiting period between filing and finalizing, even when both parties agree on everything from day one.

Waiting periods range from zero (some states let a judge sign the decree the same day both spouses file agreed paperwork) to six months. California has a six-month wait from the date of service. Texas has a 60-day wait. Idaho has no mandatory wait for uncontested cases. ^[7]

An uncontested divorce realistically takes 2 to 6 months from filing to final decree in most states, and most of that is the mandatory wait and court scheduling, not anything you did. Contested divorces commonly run 12 to 18 months, and cases that go to trial often take 2 to 3 years.

Longer cases cost more than just attorney fees. They cost emotionally and in opportunity too. Every month of active litigation is a month of paying a retainer, answering discovery, and showing up to hearings. That's a strong financial argument for settling early, even if it means accepting slightly less than you might win at trial.

What is the cheapest legal way to get divorced?

The cheapest fully legal path is a DIY uncontested divorce where you prepare your own forms using your state court's official templates.

Here's how it goes. You download the petition for dissolution of marriage and related forms from your state court's self-help website. You and your spouse fill them out, sign where required (often in front of a notary), and file the packet at the courthouse with a check for the filing fee. Your spouse either signs a waiver of service or gets formally served. You wait out your state's mandatory period. You submit a proposed final decree. The judge signs it. Done.

Out of pocket: the filing fee plus notary costs. For many people that's $150 to $450.

The catch is that official court forms vary in quality. California and Texas have strong self-help portals with plain-language instructions. Other states hand you forms that assume legal vocabulary you've never seen. If your state's forms feel impossible, a document preparation service is a legitimate middle step. DivorceClear's $149 packet is built for uncontested cases and includes state-specific forms with plain-English instructions, which solves the "I have no idea what I'm doing" problem without paying attorney rates.

Whatever route you take, these are real legal documents that will govern your life afterward, so check your work. Most state self-help centers offer a phone line or drop-in appointment where a court facilitator (not a lawyer, but a trained court employee) can confirm your forms are filled out right. ^[4]

Are there hidden costs most people don't expect?

A few costs catch people off guard.

Name change fees. The decree itself can include a name change at no extra court cost. The downstream work costs money. A Social Security card update is free, but a new driver's license runs $10 to $35, a new passport $130 to $165, and updating a deed, car title, or bank accounts can carry small fees. ^[12]

QDRO preparation. If either spouse has a 401(k), pension, or other employer plan, splitting it requires a Qualified Domestic Relations Order. The court signs it, but the plan administrator reviews it for compliance. Specialist preparation runs $500 to $2,500, and some administrators charge a $300 to $600 processing fee on top. Writing an agreement that just says "we'll split the retirement account" doesn't actually split anything without the QDRO.

Contempt or enforcement. If your ex ignores the order, you may have to go back to court. Filing a motion for contempt can cost $100 to $200 in court fees plus whatever you spend on representation.

Tax consequences. Not a fee, but a real cost. Transferring appreciated property in a divorce is generally tax-free under IRS Section 1041, but selling it later triggers capital gains. Alimony paid under agreements signed after December 31, 2018 is no longer deductible for the payer under the Tax Cuts and Jobs Act. ^[8] Get this wrong and it costs real money.

Credit cleanup. Joint accounts don't close themselves when you divorce. If a joint card or loan goes delinquent, it hits both credit reports. Closing and refinancing accounts carries costs that are hard to predict but very real.

How do divorce costs vary by state, and where is divorce cheapest?

Filing fees alone put Wyoming and Idaho among the cheapest states to file. But filing fees are a small slice of total cost, so the real question is which states make the whole process cheapest.

The cheapest states for uncontested divorce tend to share four traits: low filing fees, official simplified procedures for uncontested cases, no mandatory mediation, and short or no waiting periods.

By that measure, Nevada, Wyoming, Idaho, and Alaska run low-friction uncontested processes. Nevada allows a "Joint Petition" where both spouses file together, and the case can finish in weeks with no waiting period if there are no children. ^[7]

California is expensive on several fronts: the $435 filing fee, a six-month waiting period, and a culture of attorney involvement even in simple cases. Florida is similar with its $409 fee.

Residency rules matter too. Most states require at least 6 months of residency before you can file, and some want a full year. You can't just move to Nevada for a cheap fast divorce unless you actually live there (or stay long enough to establish residency, which is 6 weeks in Nevada). ^[7]

For how common divorce is across states and demographics, the divorce rate in America data shows regional variation that roughly tracks some of these procedural differences.

What paperwork do you actually need to file, and does that affect the cost?

The core package for an uncontested divorce almost always includes a petition for divorce (or dissolution of marriage), a summons, and a proof of service. What else you need depends on your situation.

With children, you'll typically need a parenting plan or custody agreement, a child support worksheet, and in many states a declaration about the children's living situation (often called a UCCJEA declaration, after the Uniform Child Custody Jurisdiction and Enforcement Act). ^[10]

With significant property, you'll need a marital settlement agreement or property settlement agreement that spells out who gets what. Some states also require a separate financial disclosure form listing each spouse's income, assets, and debts.

At the end, you'll need a proposed final decree of divorce (also called a judgment or order) for the judge to sign.

Getting all of this right is where most DIY filers stumble. A missing signature, a wrong case number, or a form that doesn't match your state's current version means the clerk rejects it and you make a re-filing trip. The divorce papers guide walks through what each document does and how they fit together. Read it before you pull any forms.

None of these extra documents add to the court filing fee in most states. They add to the time and complexity of getting the packet ready.

Frequently asked questions

How much does it cost to file for divorce with no money?

If you can't afford the filing fee, apply for a fee waiver (in forma pauperis) at the courthouse. Most states grant waivers for filers at 125% to 200% of the federal poverty level, which was $15,650 for a single person in 2025. If approved, the court waives the fee. Local legal aid offices funded by the Legal Services Corporation can also help with the paperwork at no cost.

How much does it cost to file for divorce in California?

California's filing fee is $435 for the petitioner. If your spouse files a response, that's another $435 on their end, though in an uncontested case they can often file a simplified response for less. California also has a six-month mandatory waiting period from the date of service before the divorce can finalize. Low-income filers can apply through the court's official fee waiver application (the FL-fee-waiver forms).

How much does it cost to file for divorce in Texas?

Texas filing fees are set by each county, typically $250 to $350. Some counties add surcharges for children's funds or other local programs. Texas also has a mandatory 60-day waiting period from the filing date before a decree can be signed. The Texas Law Help website offers official forms and instructions for uncontested divorces at no charge.

How much does it cost to file for divorce in Florida?

Florida charges $409 for a divorce petition with no minor children and the same $409 when there are minor children, though the total can differ slightly by county. Florida's court self-help program provides official simplified dissolution of marriage forms for couples who agree on all issues, have no children, and limited property. Both spouses must appear at a final hearing, which is usually brief.

Can you file for divorce online, and what does that cost?

Some states allow fully electronic filing through their court portals, but "filing online" and "preparing documents online" are different things. Online document preparation services charge $100 to $500 to generate your paperwork. You then file those documents at the courthouse (or through the court's e-filing system if it has one) and pay the standard filing fee separately. The preparation fee never replaces the court filing fee.

Is it cheaper to file for divorce yourself without a lawyer?

For an uncontested divorce, yes, substantially. Attorney-handled divorces average $12,900 per spouse per Martindale-Nolo Research, while a DIY uncontested divorce costs the filing fee plus any document preparation, typically $150 to $800 total. The tradeoff is that you're responsible for getting the paperwork right. State court self-help centers, legal aid offices, and document services can cut that risk.

Do both spouses have to pay a filing fee?

Typically the spouse who files the petition pays the initial fee. If the other spouse files a formal response, they usually pay a separate (often lower) fee, $50 to $250 depending on the state. In an uncontested case where your spouse signs a waiver of service and doesn't file a formal response, they may owe nothing. Some states have a joint petition option with one fee split between both parties.

How much does divorce mediation cost?

Private mediators typically charge $100 to $300 an hour, and a typical mediation runs 3 to 8 hours, so budget $300 to $2,400 for the full process. Many courts run free or low-cost mediation programs. Mediation is far cheaper than litigation and can turn a contested divorce into an uncontested one by settling one or two sticking points, which then slashes overall costs.

How much does a QDRO cost to divide a retirement account in divorce?

A Qualified Domestic Relations Order prepared by a specialist typically costs $500 to $2,500. Some plan administrators charge an added $300 to $600 review fee on their end. A QDRO is required to legally divide 401(k)s, pensions, and most employer retirement plans. Skip it and just note the split in your settlement agreement, and the funds never move. The QDRO is the mechanism the plan administrator needs.

What is the filing fee for an uncontested divorce specifically?

Most states have no separate "uncontested" filing fee. You pay the same base fee as any divorce filer. Some states offer a simplified dissolution procedure with a slightly lower or equal fee. What changes in an uncontested case is that you usually avoid a response fee (if your spouse waives service and files no answer) and save on attorney fees, not the base court fee.

How much does it cost to change your name in a divorce?

Including a name change in the decree costs nothing extra in court fees. The downstream costs are the ones to plan for: new driver's license ($10 to $35 depending on state), Social Security card update (free), new U.S. passport ($130 to $165), and updating bank accounts and other records. Budget $200 to $400 total for the full administrative name change after your decree is signed.

Does having children make a divorce more expensive to file?

In most states the base filing fee is the same with or without children, though some states add a small children's trust fund surcharge of $15 to $40. Where children genuinely raise costs is in required parenting classes ($25 to $75 per parent), more complex paperwork (parenting plan, child support worksheet), and potentially a guardian ad litem if custody is disputed ($1,000 to $5,000).

What happens if I can't serve my spouse because I don't know where they are?

If you can't locate your spouse, most states allow service by publication: you publish a legal notice in a qualified newspaper for a set number of weeks (commonly 4 to 6). Publication costs $50 to $300 depending on the newspaper and state. After the publication period, the court can proceed without your spouse's participation. You typically file a motion for alternate service plus a supporting affidavit explaining your efforts to find them.

Sources

1. California Courts Self-Help Center, Filing Fees: California charges $435 for a petition for dissolution of marriage; filing fees vary significantly by state
2. Martindale-Nolo Research, Divorce Survey Results: Average total divorce cost with attorneys was $12,900; cases that went to trial averaged $23,300 per spouse
3. Florida Courts, Clerk of Court Fee Schedule: Florida charges $409 for dissolution of marriage filing fee
4. California Courts, Self-Help Center Overview: State court self-help centers provide forms, fee waiver applications, and facilitator assistance for pro se filers
5. U.S. Department of Health and Human Services, 2025 Federal Poverty Level Guidelines: 2025 federal poverty level for a single person is $15,650; fee waivers typically apply at 125%–200% of that level
6. Legal Services Corporation, About LSC: Legal Services Corporation funds legal aid programs in every state for people who cannot afford legal fees
7. Nevada Legislature, NRS Chapter 125 (Divorce): Nevada has a 6-week residency requirement and allows a joint petition divorce with no mandatory waiting period for couples without minor children
8. Internal Revenue Service, Publication 504: Divorced or Separated Individuals: Under the Tax Cuts and Jobs Act, alimony paid under agreements signed after December 31, 2018 is no longer deductible for the payer; IRS Section 1041 governs tax-free property transfers in divorce
9. Uniform Law Commission, Uniform Child Custody Jurisdiction and Enforcement Act: UCCJEA declarations are required in most states when minor children are involved in a divorce filing
10. Texas Office of Court Administration, District Court Filing Fees: Texas divorce filing fees are set at the county level and typically range from $250 to $350
11. U.S. Department of State, Passport Fees: A new U.S. passport costs $130 to $165 depending on type, relevant for post-divorce name change costs