Divorce Filing Fees by State — 2026 Court Cost Guide

The divorce filing fee covers the cost of filing your petition for dissolution of marriage with the court clerk's office. It pays for the administrative processing of your case and gets you into the court system. It does not cover: the cost to serve your spouse (typically $50–$150 by sheriff or process server), any required mediation fees (often $100–$500 per session), attorney fees, court reporter fees, or any additional filing fees for motions or hearings that may arise during the case.

Yes. Every state has a fee waiver process for low-income individuals who cannot afford the filing fee. The process is called a 'fee waiver,' 'pauper's oath,' or 'in forma pauperis' petition. You typically fill out a financial disclosure form showing that your income falls below a threshold (often 125% to 200% of the federal poverty level). If approved, the filing fee and sometimes other court costs are waived or deferred. Ask the court clerk for the fee waiver form.

In many states, each county sets its own filing fees within a state-mandated range. A superior court in a large urban county may charge more than a small rural county court. California's filing fee, for example, varies from roughly $435 in most counties to higher amounts in some jurisdictions. When you see a range on this page, it reflects the variation across counties within the state. Check with your specific court for the exact current fee.

The initial filing fee is typically the same whether the divorce is contested or uncontested — it is based on the type of case filed (dissolution of marriage), not on how complex the case becomes. However, a contested divorce generates far more filing fees over time: motion fees, response fees, hearing fees, and possibly trial fees. An uncontested divorce, where both spouses agree on all terms, typically only requires the initial filing fee and may qualify for simplified procedures with lower total costs.

Filing fees are just the starting point. Total divorce costs depend heavily on whether the case is contested. An uncontested divorce with no attorney may cost $300–$1,500 total (filing fee plus DIY forms or document preparation services). An uncontested divorce with an attorney typically runs $1,500–$5,000. A contested divorce with an attorney averages $15,000–$30,000 nationally and can exceed $100,000 in complex cases involving business valuations, custody disputes, or hidden assets. Use our divorce cost estimator to see detailed cost breakdowns for your state.