Divorce Filing Fees by State: 2026 Complete List

What Are Divorce Filing Fees?

The short answer: a filing fee is what you pay the court clerk to open your case — California charges $435 under § 70670, Wyoming charges around $70, and most states sit somewhere in between. It's the first of several court-level costs. For a broader look at all divorce expenses, see our Complete Guide to Divorce Costs in 2026.

Filing fees are set by state statute or by the court system itself and are updated periodically—sometimes annually. The fees listed in this guide are current as of early 2026 but may change. Our Court Filing Fees tool is updated quarterly from official court sources and provides the most current information available.

Beyond the initial fee the petitioner (filing spouse) pays, the responding spouse usually pays a separate fee to file their answer or response. More fees can pile up through the case for motions, subpoenas, certified copies, and other filings. We break those costs down in a later section.

Filing Fees for the 10 Most Populous States

California charges $435 to file a divorce petition and $435 for the response, totaling $870 in filing fees alone under California Government Code §70670. Texas fees are set at the county level and range from $250 to $350 for the petition, with response fees typically $50 to $100 less.

Florida charges $408 for the initial petition under Florida Statute §28.241. New York charges $210 for the petition plus a $125 Request for Judicial Intervention fee under New York CPLR §8020.

Pennsylvania charges $300 to $350 depending on the county. Illinois charges $289 to $334 depending on the county.

Ohio fees range from $150 to $350 by county, reflecting Ohio's decentralized court fee structure. Georgia charges $200 to $250.

North Carolina charges $225 under NCGS §7A-305. Michigan charges $175 for the petition plus $80 for the answer under MCL §600.880.

Use our state-specific tools for the most accurate, up-to-date fees: California, Texas, Florida, and New York. These pages include county-level breakdowns where applicable and are updated from official court fee schedules.

States With the Lowest Filing Fees

Several states keep divorce filing fees well under $200. Wyoming charges approximately $70 for a divorce petition, making it one of the most affordable states in the country.

Montana charges $100 to $120 depending on the county. Mississippi charges $52 for filing, though additional fees for service of process and other requirements bring the total higher. North Dakota charges approximately $80, and South Dakota charges $95.

Low filing fees do not necessarily mean a low total divorce cost. Attorney fees, which are the largest expense in most divorces, are determined by the local legal market and the complexity of the case, not by filing fees. However, for couples pursuing an uncontested divorce without attorneys, low filing fees can make the entire process very affordable—sometimes under $200 total.

Keep in mind that even in low-fee states, you may encounter additional costs for service of process ($25 to $75 for sheriff service, $50 to $150 for a private process server), certified copies of the divorce decree ($5 to $25 per copy), publication costs if your spouse cannot be located ($100 to $300), and parenting education classes required in many states ($25 to $100 per parent).

States With the Highest Filing Fees

At the high end, several states charge $400 or more to file a divorce petition. California and Florida both exceed $400 as noted above.

Connecticut charges $360. Minnesota charges $390 under Minnesota Statute §357.021.

Oregon charges $301. New Jersey charges $325 plus additional fees for equitable distribution claims.

In some states, the filing fee varies based on whether the divorce is contested or uncontested. New Hampshire, for example, charges $250 for a contested divorce but only $160 for an uncontested case. Some states charge different fees depending on whether children are involved or whether the divorce includes requests for alimony or property division.

High filing fees can feel burdensome, but they represent a small fraction of total divorce costs in most cases. A $435 filing fee in California is less than one hour of many California family law attorneys' time.

The real cost drivers are attorney fees, expert fees (appraisers, actuaries, business valuators), and the length of the proceedings. For a complete cost picture, use our Divorce Cost Estimator.

Fee Waivers for Low-Income Filers

If you cannot afford the filing fee, every state provides a process for requesting a fee waiver, also known as filing in forma pauperis (IFP). The eligibility requirements vary by state but generally apply if your household income is at or below 125% to 200% of the federal poverty guidelines, you receive means-tested public benefits (SNAP, TANF, Medicaid, SSI), or paying the fee would cause substantial hardship.

In California, you can file a Request for Fee Waiver (Form FW-001) available from the California Courts self-help website. The waiver covers not just the filing fee but most other court fees as well.

In New York, you can apply for Poor Person Relief under CPLR §1101. Most states provide a standardized waiver application form at the court clerk's office or on the court's website.

Fee waivers are granted by the court, not automatically approved. You will need to provide documentation of your income, assets, and expenses. If the waiver is denied, some courts offer payment plans that allow you to pay the filing fee in installments over several months. Ask the court clerk about available options before deciding you cannot afford to file.

Additional Court Costs Beyond Filing Fees

The initial filing fee is just the beginning. Throughout the divorce process, you may encounter fees for filing motions ($15 to $100 per motion), requesting temporary orders ($50 to $200), mediation referrals ($50 to $150 in court-connected programs), court reporter fees for hearings ($100 to $500 per half-day), and certified copies of the final decree ($5 to $25 per copy). These fees add up, particularly in contested cases that involve multiple hearings and motions.

Service of process—delivering the divorce papers to your spouse—is an additional cost that ranges from $25 for certified mail in states that allow it, to $50 to $100 for county sheriff service, to $100 to $200 for a private process server. If your spouse cannot be located, you may need to serve by publication (running a notice in a local newspaper), which can cost $100 to $300.

Parenting education classes, required by many states when children are involved, typically cost $25 to $100 per parent. Some states, like Utah, require a mandatory divorce education class under Utah Code §30-3-11.3.

These classes cover the impact of divorce on children and are usually completed online. While a relatively small expense, they are mandatory and failure to complete them can delay your divorce. For filing without a lawyer, understanding every fee in advance is essential for budgeting.

How to Look Up Your State's Current Fees

Court fees change periodically, and the most reliable source is always the court itself. Each state's court system maintains a website with current fee schedules.

You can typically find these by searching for "[your state] court filing fees" or by visiting the specific court where you will file your case. The National Center for State Courts maintains links to every state court system's website.

Our Court Filing Fees tool aggregates fee information for all 50 states and the District of Columbia, updated quarterly from official court sources. We include not just the petition filing fee but also the response fee, motion fees, and other common charges so you can budget for the full range of court costs.

When budgeting for your divorce, add 20% to 30% above the base filing fee to account for additional court costs that arise during the process. Even a straightforward uncontested divorce typically involves $100 to $300 in additional fees beyond the initial filing.

A contested case with multiple motions and hearings can easily generate $500 to $2,000 in court fees alone—on top of attorney fees. See our guide to mediation versus litigation for strategies to keep these costs down.