Last updated 2026-07-09
TL;DR
Divorce filing fees in 2024 run from roughly $70 in Wyoming to $435 in California, with the national median near $150 to $200. Every state sets its own fee schedule, and most counties stack surcharges on top of the base number. Every state, all 50, lets low-income filers apply to have the fee waived.
Why do divorce filing fees vary so much from state to state?
Court funding in the U.S. is almost entirely local, and that explains the whole thing. Each state legislature sets a base filing fee by statute. Then individual counties tack on surcharges for courthouse automation, domestic violence programs, and court security. The same divorce that costs $175 in one Texas county can cost $350 in another county down the highway.
Filing fees are not lawyer fees, mediation costs, or service-of-process charges. They are what the court clerk charges to open your case file. For an uncontested divorce where both spouses agree on everything, the filing fee is usually the single biggest court expense you face.
Fee schedules come from state statute or the state supreme court's administrative rules, and they change more often than people expect. California raised its base petition fee to $435 in 2024 [1]. Wyoming's district court civil filing fee sits around $70 to $100 depending on the county [2]. Neither of those numbers existed five years ago. Confirm the current fee with your county clerk before you file.
Here is a detail people miss: the fee usually gets paid twice. The petitioner (the spouse who files first) pays to open the case. The respondent (the spouse who gets served) may owe a response fee, sometimes called an appearance fee, when they file their answer or waiver. That second fee is often smaller, but it exists in most states.
What is the filing fee for divorce in each state? (2024 fee table)
The figures below are the state-level base filing fee for a divorce petition as of 2024. County surcharges are left out because they vary too much to generalize. Treat any number here as a floor, not a ceiling, and verify with your county clerk. [1][2][3][4]
| State | Base Filing Fee (Petitioner) | Notes |
|---|---|---|
| Alabama | $200, $250 | Varies by county; Jefferson Co. ~$206 |
| Alaska | $150, $200 | Superior Court; varies by judicial district |
| Arizona | $202, $349 | Maricopa Co. $349; rural counties lower |
| Arkansas | $165, $210 | Circuit court; county surcharges common |
| California | $435 | Superior Court petition fee; response ~$435 [1] |
| Colorado | $230 | District court; flat statewide |
| Connecticut | $350 | Superior Court; flat statewide |
| Delaware | $165, $180 | Family Court |
| Florida | $408 | Circuit court; flat statewide [3] |
| Georgia | $200, $220 | Superior court; county-dependent |
| Hawaii | $215 | Family Court; flat statewide |
| Idaho | $207, $221 | District court |
| Illinois | $289, $388 | Circuit court; Cook Co. higher |
| Indiana | $132, $157 | Circuit/Superior court |
| Iowa | $185, $265 | District court; varies by county |
| Kansas | $185, $195 | District court |
| Kentucky | $133 | Circuit court; flat statewide |
| Louisiana | $200, $400 | District court; wide county variation |
| Maine | $120 | Superior/District court |
| Maryland | $165 | Circuit court; flat statewide |
| Massachusetts | $200, $215 | Probate and Family Court |
| Michigan | $175, $255 | Circuit court; county surcharges common |
| Minnesota | $322, $365 | District court; most counties ~$365 |
| Mississippi | $100, $150 | Chancery court |
| Missouri | $133, $163 | Circuit court |
| Montana | $200, $220 | District court |
| Nebraska | $158 | District court |
| Nevada | $270, $300 | District court; Clark Co. ~$299 |
| New Hampshire | $240, $260 | Circuit/Family Division |
| New Jersey | $300 | Superior Court; flat statewide |
| New Mexico | $135, $155 | District court |
| New York | $210, $335 | Supreme Court; NYC surcharges push higher |
| North Carolina | $225 | District court; flat statewide |
| North Dakota | $80, $95 | District court |
| Ohio | $200, $350 | Common Pleas; wide county variation |
| Oklahoma | $183, $200 | District court |
| Oregon | $301 | Circuit court |
| Pennsylvania | $200, $450 | Common Pleas; Philadelphia ~$430+ |
| Rhode Island | $135 | Family Court |
| South Carolina | $150, $170 | Family court |
| South Dakota | $95, $105 | Circuit court |
| Tennessee | $184, $260 | Circuit/Chancery court |
| Texas | $250, $350 | District court; varies widely by county [4] |
| Utah | $318 | District court [12] |
| Vermont | $90, $100 | Family Division |
| Virginia | $83, $86 | Circuit court; one of the lowest flat fees |
| Washington | $314, $320 | Superior court |
| West Virginia | $135, $145 | Circuit court |
| Wisconsin | $184, $200 | Circuit court |
| Wyoming | $70, $100 | District court; lowest in the country [2] |
Virginia's base circuit court divorce fee of $83 is one of the lowest flat-rate fees anywhere in the country. California's $435 petition fee is the highest statewide base fee in 2024. [1][3]
What extra fees get added on top of the filing fee?
The filing fee is the starting line, not the finish. Here is what usually gets added.
Service of process. If your spouse does not sign a waiver of service, the sheriff or a private process server has to formally deliver the papers. Sheriff service runs $25 to $75 in most counties. Private servers charge $50 to $150 or more.
Response or appearance fee. Most states charge the responding spouse to file an answer or waiver. This is often $100 to $300, less than the original filing fee in most states, but it is real money.
Parenting class fees. If you have minor children, roughly 30 states require both parents to finish a co-parenting course before the court grants the divorce. These cost $20 to $75 each, and you usually pay the provider directly, not the court.
Certified copies. After the divorce is granted, you will need certified copies of the final decree to change your name, update bank accounts, and refinance property. Each certified copy runs $5 to $25 depending on the state.
Public notice. A handful of states still make you publish a legal notice in a newspaper if you cannot locate your spouse. Those notices run $50 to $200.
For a typical uncontested divorce where both spouses cooperate, the all-in court cost (filing fee plus service, response, and certified copies) usually lands between $300 and $700, depending on the state. That is separate from any attorney or document preparation fees.
How can you get the filing fee waived if you can't afford it?
Every state has a fee waiver process. The form is usually called an Application to Proceed In Forma Pauperis (IFP), though some states use their own names like Fee Waiver Request or Affidavit of Indigency. The legal footing comes from state statute and from constitutional due process. The U.S. Supreme Court settled this in Boddie v. Connecticut, 401 U.S. 371 (1971), which held that states cannot condition access to divorce court on the ability to pay. The Court wrote that due process prohibits a state "from denying, solely because of inability to pay, access to its courts to individuals who seek judicial dissolution of their marriages." [5]
Thresholds vary by state, but most courts use one of three benchmarks: income at or below 125 percent of the federal poverty level, receipt of means-tested benefits (Medicaid, SNAP, SSI, TANF), or a judge's finding that paying the fee would cause substantial hardship.
The process is short. You fill out the IFP application, attach documentation (pay stubs, benefit letters, bank statements), and file it at the same time as your divorce petition. A clerk or judge reviews it, usually within a few days. If approved, the court waives the fee entirely or reduces it. Some courts defer it instead, meaning you pay after the case closes.
One practical note: fee waivers cover court filing fees only. They do not cover process server fees, parenting class fees, or document preparation services. If a process server is required and you have a waiver, ask the clerk whether the county sheriff will serve papers at no cost on your behalf. In many counties, they will.
You can find your state's IFP forms through your state court's self-help center. The National Center for State Courts keeps a directory of state court self-help resources at ncsc.org. [6]
Which states have the highest and lowest divorce filing fees?
The highest-fee states tend to be the most populous. California tops the list at $435 just for the petition, and the responding spouse owes another $435 to file a response, so a contested California divorce can cost both parties $870 in filing fees alone before anyone hires an attorney. Florida sits at $408 statewide [3]. Connecticut is $350. Utah is $318 [12]. Oregon is $301.
The lowest-fee states cluster in the Mountain West and South. Wyoming wins at $70 to $100 depending on the district [2]. Virginia's circuit court charges $83 to $86. North Dakota charges $80 to $95. Mississippi and Vermont both come in under $150.
The link between high fees and high cost-of-living states is real but loose. New Mexico has a low cost of living and charges $135 to $155. Illinois has high costs, and Cook County filing fees can reach $388. The fee often tracks the court system's budget pressure more than the local grocery bill.
For an uncontested divorce, the state's filing fee matters a lot, because it is often the only mandatory court cost. Clean, complete paperwork keeps you from paying amended-filing fees or re-service costs on top of the base fee. Correctly drafted divorce papers are how you avoid that.
Does the filing fee change if you have children or property?
In most states, no. The base petition fee is the same whether you have children or not, whether you own a house or own nothing. You are paying to open a civil case file, not for a complexity review.
A few states charge differential fees. Some Illinois counties charge more for dissolution cases involving children. A few Texas counties add a fee when you file a custody order alongside the divorce petition. These are exceptions.
What does change with children or real assets is the total cost of the divorce, because you are more likely to need extra filings, a QDRO (qualified domestic relations order) to divide a retirement account, or a court-approved parenting plan. A QDRO alone can cost $300 to $1,500 in drafting fees if you use an attorney. The court filing fee for the QDRO is usually $0 to $50. The drafting is what costs money.
If you have minor children, budget for the parenting class too. At $20 to $75 per person, it adds $40 to $150. Many states let you take the class online, which keeps the cost at the lower end.
How much does it cost to file for an uncontested divorce from start to finish?
An uncontested divorce is one where both spouses agree on all the terms: property, debt, any support, and, if there are children, custody and parenting time. No trial, usually no contested hearings, so the court costs stay low. The big variable is whether you hire an attorney.
Here is a realistic breakdown for a DIY uncontested divorce:
- Court filing fee: $70 to $435 depending on state
- Response/appearance fee (respondent): $0 to $300
- Service of process (if no waiver is signed): $25 to $150
- Parenting class (if children, per person): $20 to $75
- Certified copies of decree: $10 to $50
- Document preparation (if using a service): $0 to $300
Total realistic range: $150 to $1,200
The low end ($150) is reachable in Wyoming or Virginia if your spouse signs a waiver of service and you draft your own paperwork. The high end nears $1,200 in California or Florida once you count both parties' filing fees, service, classes, and copies.
Hiring a divorce attorney for even an uncontested case typically adds $1,500 to $5,000 in fees [7]. Plenty of people in straightforward situations use a document preparation service instead, which costs far less. DivorceClear's document packet, at $149, handles the forms you need to file in your state without the attorney markup. That is the honest mid-tier option: more reliable than blank court forms, much cheaper than an attorney.
One caveat I mean: if you own real property together, have a pension or 401(k) to divide, or disagree about anything, paying for a divorce attorney is money well spent. Document services and DIY filing are right for divorces that are genuinely uncontested.
How do you actually pay the filing fee at the courthouse?
Payment methods vary by county, but most clerks take cash, money orders, credit cards, and personal checks. A growing number of courts also accept online payment when you e-file. Call your clerk's office before you go. Some courts still refuse personal checks or credit cards, and you do not want a second trip.
Filing by mail? You will almost always need a money order or cashier's check made out to the county clerk. Do not mail cash.
E-filing is now available in most states, at least for the initial petition. E-filing platforms usually add a convenience fee of $5 to $30 on top of the court fee. That money goes to the e-filing vendor, not the court. Read the checkout total carefully so you know what is going to the court versus the platform.
Some counties have self-service kiosks in the courthouse lobby where you can pay and submit forms at once. These are common in larger urban courthouses in Texas, California, and Florida.
Can you get the filing fee refunded if your divorce case is dismissed?
Almost never. Court filing fees are non-refundable once the case file is opened. That holds even if you reconcile and voluntarily dismiss the case the next day.
A few courts will apply part of the fee toward a re-filed case if you refile within a window (sometimes 30 to 90 days), but that is the exception. Do not count on it.
Here is why complete, correct paperwork matters. If your petition gets rejected for technical errors, you usually do not lose your fee. The clerk hands the documents back unfiled and gives you a chance to fix them. But once the court opens the case, dismissing it burns the money.
Make sure your grounds are solid, your residency requirement is met, and your paperwork matches what your county wants before you file. Residency is a common trap: most states require at least 6 months in the state and 90 days in the county [8]. California requires 6 months in the state and 3 months in the county. Texas requires 6 months in the state and 90 days in the county. [4][8]
What is the filing fee for divorce in California, Florida, and Texas specifically?
These three states generate the most searches on this topic, so they get their own section.
California: The petition fee is $435 in every Superior Court as of 2024, set under California Government Code section 70670. The response fee is also $435. A fee waiver (Form FW-001) is available if your income is below 125 percent of the federal poverty level or you receive Medi-Cal, CalFresh, SSI, or similar benefits. [1]
Florida: The filing fee is $408 for dissolution of marriage in circuit court, set under Florida Statutes section 28.241. It is a flat statewide fee, which makes Florida unusual. The response fee is $409 (one dollar higher, for reasons that are genuinely unclear). If you have no minor children and no assets to divide, some counties let you use a simplified dissolution procedure, which carries the same fee. [3]
Texas: Texas has no statewide flat fee. Each county's district clerk sets it, and it typically runs $250 to $350 for the original petition, plus a separate service fee. Harris County (Houston) charges around $295. Dallas County charges around $310. Travis County (Austin) charges around $303. Check with your specific district clerk. The Texas Office of Court Administration publishes district clerk fee information, though it is not always posted online. [4]
For a walkthrough of what you actually file in your state, a divorce papers guide covers the specific forms by state.
What happens if you file in the wrong county or the wrong court?
Your case gets dismissed or transferred, and you can lose time even if you do not lose money. Filing in the wrong county happens more than you'd think, especially when spouses live apart or someone moved recently.
The general rule is that you file in the county where you have lived for the required period (often 90 days). Some states let you file in the county where your spouse lives instead, which matters if you moved. A few states let you file wherever either spouse has met the residency requirement.
If you file where the court has no jurisdiction, the clerk may catch it before accepting the filing and turn you away. If the clerk misses it, the opposing party or a judge can raise it later, which delays or voids the case.
Before you file, confirm two things with your county clerk: (1) you met the state residency requirement, and (2) you met the county or local residency requirement. These are separate rules. Meeting one but not the other is a filing error.
State court self-help centers are usually the best free resource for sorting this out. Most state judiciaries now run online self-help portals. The California Courts self-help center provides county-specific filing instructions at courts.ca.gov [9]. Florida's State Courts System keeps similar resources at flcourts.gov [10].
How long does the divorce process take after you pay the filing fee?
Paying the filing fee starts the clock, but the clock runs differently in every state.
Most states impose a mandatory waiting period between filing and when the court can grant the divorce. California's waiting period is 6 months from the date the respondent is served, not from the filing date [1]. Florida requires 20 days. Texas requires 60 days from the date of filing. New York ties its wait to when the summons was served. Illinois requires a waiting period only for fault grounds; an irreconcilable differences divorce can move faster.
Beyond the mandatory wait, processing time depends on how busy the court is. In rural counties, an uncontested divorce can finalize 4 to 8 weeks after the waiting period ends. In busy urban courts in Los Angeles, Cook County, or Miami-Dade, routine cases can sit for months waiting for a judge's signature even after every form is filed correctly.
The median time from filing to final decree for an uncontested divorce nationally is roughly 3 to 6 months, though solid national data is thin. The closest published numbers come from state-level court statistics reports, which differ in how they categorize case types.
Nothing you do shortens the mandatory waiting period. What you control is complete paperwork, so the court does not bounce it back to you and restart the administrative clock.
Frequently asked questions
What is the average divorce filing fee in the United States in 2024?
The average divorce filing fee across the 50 states in 2024 is roughly $150 to $250 for the petitioner's initial filing. That average hides a wide range: Wyoming's district courts charge as little as $70, and California's Superior Courts charge $435. County surcharges can push any state's real cost above its base fee. Confirm with your county clerk before filing.
What is the cheapest state to file for divorce in?
Wyoming has the lowest divorce filing fees in the country, with district court fees of $70 to $100 depending on the county. Virginia is close behind at $83 to $86. North Dakota and Mississippi also stay under $150. Low fees do not mean short waiting periods, though. Virginia, for example, requires a one-year separation before filing in most cases.
What is the most expensive state to file for divorce in?
California is the most expensive state for divorce filing fees in 2024, charging $435 for the petition and another $435 for the response, a potential $870 in filing fees alone. Florida ($408), Connecticut ($350), and Utah ($318) follow. County surcharges in large counties can push real costs even higher.
Can the divorce filing fee be waived if I can't afford it?
Yes, in all 50 states. The application is usually called an In Forma Pauperis (IFP) request or fee waiver application. Qualification is typically based on income at or below 125 percent of the federal poverty level, or receipt of benefits like Medicaid, SNAP, or SSI. File the waiver at the same time as your divorce petition. It covers court fees only, not process server or class fees.
Do I pay a filing fee twice, once to file and once to respond?
Often yes. The spouse who files the petition (the petitioner) pays to open the case. The spouse who responds (the respondent) usually pays a smaller response or appearance fee to file an answer or waiver of service. Response fees run about $50 to $435 depending on the state. In California, the response fee equals the petition fee: $435. In Virginia, it is much lower.
Are divorce filing fees tax deductible?
Generally no. Personal legal fees tied to divorce, including court filing fees, are not deductible under current IRS rules. The Tax Cuts and Jobs Act of 2017 eliminated the miscellaneous itemized deduction that once allowed some legal fees. A narrow exception exists for fees paid to collect taxable alimony, but IRS guidance is limited and a tax professional should be consulted. [11]
What is the filing fee for an online or mail-in divorce?
The court filing fee is the same whether you file in person, by mail, or electronically. You are paying to open a case, not for a delivery method. E-filing platforms usually add a $5 to $30 convenience fee on top of the court's fee, paid to the vendor. Mail-in filers need a money order or cashier's check; cash is not accepted by mail.
Does the filing fee cover the entire divorce, or are there more costs?
The filing fee only covers opening the case file. Extra costs include service of process ($25 to $150 if your spouse does not sign a waiver), the respondent's appearance fee, parenting classes if you have children ($20 to $75 per person), and certified copies of the final decree ($5 to $25 each). A contested divorce adds attorney fees and hearing costs on top.
How do I find the exact filing fee for my county?
Call your county court clerk's office directly or check the court's website. Search your state court system's name plus 'civil filing fee schedule' or 'family court fees.' Many state court sites list fees by county. State court self-help centers are also reliable: the National Center for State Courts directory at ncsc.org links to self-help resources for every state.
Is the filing fee different for divorce with children versus without?
In most states, no. The base petition fee is the same regardless of whether you have minor children. A few Illinois counties and scattered Texas counties charge slightly more when child-related orders are filed alongside the divorce. Ask your county clerk if there are separate fees for parenting plan submissions or temporary custody orders, since these can add $20 to $100 in some jurisdictions.
Can I get a refund on the filing fee if I decide not to proceed with the divorce?
Almost never. Court filing fees are non-refundable once the case is opened, even if you reconcile and voluntarily dismiss the same week. If the clerk rejects your paperwork before opening the file, you typically get the fee back or your documents returned unfiled. That is a strong reason to make sure your paperwork and residency qualification are correct before you hand over the fee.
What is the filing fee for a legal separation versus a divorce?
Most states charge a similar or identical fee for a legal separation petition as for a divorce. In California, the legal separation petition fee is also $435. In some states, a legal separation is an interim step that converts to divorce without a new filing fee. Check with your county, because legal separation is handled differently across states and some courts treat it as a lower-fee filing.
How much does a divorce cost in total if I file myself without a lawyer?
A fully DIY uncontested divorce typically costs $150 to $700 in court-related expenses depending on the state, covering filing fees, service of process, parenting class fees if applicable, and certified copies. Add $100 to $300 if you use a document preparation service for your forms. The total still sits far below the $1,500 to $5,000 that even an uncontested attorney-handled divorce usually costs.
Sources
- California Courts, Fee Schedule for Superior Courts (Government Code section 70670): California Superior Court petition fee is $435 for divorce in 2024; response fee is also $435; fee waiver form FW-001 is available
- Wyoming Judiciary, District Court Civil Filing Fees: Wyoming district court civil filing fee for divorce is approximately $70 to $100 depending on the county, making it the lowest in the country
- Florida Legislature, Florida Statutes section 28.241 (Clerk of Court Filing Fees): Florida circuit court filing fee for dissolution of marriage is $408 statewide as set by Florida Statutes section 28.241
- Texas Office of Court Administration, District Clerk Fee Information: Texas divorce filing fees are set by each county's district clerk and range from approximately $250 to $350; the state has no flat statewide fee
- U.S. Supreme Court, Boddie v. Connecticut, 401 U.S. 371 (1971): The Supreme Court held in Boddie v. Connecticut that states cannot deny access to divorce courts purely on the basis of inability to pay filing fees
- National Center for State Courts, Self-Help Center Directory: NCSC maintains a directory of state court self-help resources that links to fee waiver forms and filing instructions for every state
- American Bar Association, Legal Fees and Attorney Costs: Hiring a divorce attorney for an uncontested case typically adds $1,500 to $5,000 in attorney fees even without a contested hearing
- California Courts Self-Help, Divorce Residency Requirements: California requires 6 months of state residency and 3 months of county residency before filing for divorce; the 6-month waiting period begins when the respondent is served
- California Courts Self-Help Center: California provides county-specific filing instructions and form packets through its online self-help center
- Florida State Courts System, Self-Help Resources: Florida's State Courts System maintains self-help resources including family law forms and county-specific filing guidance
- Internal Revenue Service, Publication 504 (Divorced or Separated Individuals): The IRS states that personal legal fees related to divorce are not deductible as personal expenses under current tax law following the Tax Cuts and Jobs Act of 2017
- Utah Courts, Civil Filing Fee Schedule: Utah district court charges $318 for a divorce petition filing fee