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Divorce filing fees by state: a complete 2026 guide
Divorce filing fees in the United States range from $80 in North Dakota to $449 in Philadelphia County, Pennsylvania. In 41 states, the fee is set by state statute and is identical in every county. In nine states (California, Texas, Illinois, Ohio, Pennsylvania, Georgia, Louisiana, Nevada, and Arizona), individual counties add local surcharges that change what you pay.
Quick answer
The average divorce filing fee in the United States is approximately $240. The lowest fees are in North Dakota ($80), Wyoming ($85), Virginia ($86), and Vermont ($90). The highest base fee is in Philadelphia County, Pennsylvania ($449), followed by California's most populous counties ($435 to $450) and Florida ($408 statewide). Filing fees do not include the cost of serving your spouse, motion fees, or attorney fees.
Filing fees by state (all 50 states)
In most states, the divorce filing fee is set by state law and is the same in every county. The table below shows the base filing fee for filing a Petition for Dissolution of Marriage (or Complaint for Divorce) in each state's superior, circuit, family, or chancery court. These figures cover only the cost to open the case. Service of process, response fees, and motion fees are separate.
| State | Base filing fee | Notes |
|---|---|---|
| Alabama | $277 | Some counties add local surcharges of $5 to $25 |
| Alaska | $250 | Filed in boroughs and census areas |
| Arizona | $326 to $349 | Maricopa County is highest at $349 |
| Arkansas | $165 | Statewide |
| California | $435 to $450 | $435 statewide; Riverside and SF charge $450 |
| Colorado | $230 | Statewide |
| Connecticut | $360 | Statewide; courts organized by judicial district |
| Delaware | $165 | Family Court; statewide |
| Florida | $408 | $400 statutory + $8 court technology fee |
| Georgia | $215 to $240 | Counties add modest surcharges |
| Hawaii | $215 | Statewide |
| Idaho | $207 | Statewide |
| Illinois | $210 to $388 | Cook County highest; varies widely by county |
| Indiana | $157 | Plus modest county fees |
| Iowa | $265 | Statewide |
| Kansas | $195 | Plus $7 docket fee in some counties |
| Kentucky | $148 | Statewide |
| Louisiana | $275 to $425 | Varies by parish; Orleans Parish highest |
| Maine | $120 | Statewide |
| Maryland | $165 | Circuit Court; statewide |
| Massachusetts | $215 | $200 + $15 surcharge; statewide |
| Michigan | $175 | Add $80 Friend of Court fee if minor children |
| Minnesota | $405 | Plus $5 law library fee in some counties |
| Mississippi | $156 | Filed in Chancery Court |
| Missouri | $162 | Range of $135 to $200 by county |
| Montana | $200 | Statewide |
| Nebraska | $158 | Statewide |
| Nevada | $264 to $299 | Clark and Washoe Counties charge $299 |
| New Hampshire | $250 | Statewide |
| New Jersey | $300 | Add $25 if children involved |
| New Mexico | $137 | Statewide |
| New York | $335 | Approx. total: index number + RJI + county fees |
| North Carolina | $225 | Add $10 for sheriff service |
| North Dakota | $80 | Lowest in the country |
| Ohio | $270 to $405 | Set by county Domestic Relations Courts |
| Oklahoma | $252 | Statewide |
| Oregon | $301 | Statewide |
| Pennsylvania | $230 to $449 | Set by county prothonotary; Philadelphia highest |
| Rhode Island | $120 | Statewide |
| South Carolina | $150 | Family Court; statewide |
| South Dakota | $95 | Statewide |
| Tennessee | $222 | Range $130 to $300 across counties |
| Texas | $305 to $360 | Set by county; add fees if children involved |
| Utah | $325 | Add $35 parenting class fee with children |
| Vermont | $90 | Family Division; statewide |
| Virginia | $86 | Independent cities are separate jurisdictions |
| Washington | $314 | Statewide |
| West Virginia | $135 | Family Court; statewide |
| Wisconsin | $184 | Add $25 if minor children involved |
| Wyoming | $85 | Statewide |
All figures reflect the cost to file a Petition for Dissolution of Marriage with the appropriate court. Court fees can change at any time, so confirm the current fee with the specific county clerk before mailing your filing or paying online.
Where county fees actually vary
In nine states, individual counties or court districts set their own filing fees, which means what you pay depends on where you file. The variance can be significant. In Pennsylvania, filing in Philadelphia costs $449, while filing in Schuylkill County costs $230, a difference of $219 for the exact same form.
You don't get to choose where to file. Each state has venue rules that require you to file in the county where you or your spouse lives, usually after meeting a residency requirement. But it helps to know what you're walking into.
| State | Highest fee county | Lowest fee county |
|---|---|---|
| Pennsylvania | Philadelphia ($449) | Schuylkill ($230) |
| Ohio | Franklin ($405) | Smaller counties ($270) |
| Illinois | Cook ($388) | Smaller counties ($210) |
| Louisiana | Orleans Parish ($425) | Natchitoches Parish ($275) |
| Texas | Williamson ($360) | Smaller counties ($305) |
| California | San Francisco / Riverside ($450) | All other counties ($435) |
| Nevada | Clark / Washoe ($299) | Other counties ($264) |
| Arizona | Maricopa ($349) | Other counties ($326) |
| Georgia | Fulton ($217) | Most counties ($215) |
Why fees vary within a state
Most states fund their courts at the state level, so the filing fee is identical everywhere. The nine variable-fee states delegate part of court funding to the county prothonotary, clerk of courts, or domestic relations division, who can add local technology fees, automation surcharges, or court-funding line items on top of the state base.
In Philadelphia, Cook County, and Franklin County, those local add-ons can push the total well above the state baseline. Smaller, less-populated counties typically charge close to the state minimum.
If you live in one of these nine states, call the actual county clerk's office before filing. Published fee schedules are sometimes a year or more out of date, and clerks can confirm the exact amount required for the case type and number of parties.
What the filing fee covers (and what it doesn't)
The filing fee is the price of opening your case in the court system. It pays for the clerk to assign a case number, file your Petition or Complaint, and create the official court record. That is all it does.
What the filing fee usually includes
The clerk processes your initial petition, opens a case, issues a case number, and stamps your conformed copies. In some states, the fee covers a court-issued summons. In a handful of states, a small portion is allocated to a state-level law library or domestic relations support fund.
What the filing fee does not include
Service of process on your spouse (typically $50 to $150 depending on whether you use the sheriff or a private process server). Response or appearance fees paid by your spouse if they file an answer (often the same as your filing fee). Motion fees if you file requests for temporary orders. Parenting class fees if you have minor children, required in states like Utah and Michigan. Mediation fees if your court requires mediation. Attorney or legal coach fees. Document preparation if you hire help.
Fees specific to certain case types
If you have minor children, expect to pay an additional $25 to $80 in many states for the children-of-the-marriage filing or for a Friend of the Court fee. If you need a Qualified Domestic Relations Order to divide a retirement account, the QDRO itself is a separate document that typically costs $300 to $1,200 to draft. Name changes, when included as part of the divorce, are usually no extra cost, but a separate name change petition filed later carries its own filing fee.
How to request a fee waiver
Every state allows people who can't afford the filing fee to request a waiver, sometimes called an "in forma pauperis" application or an "Application for Waiver of Court Fees." If approved, the court will waive the filing fee and, in many states, related fees like service of process and motion fees.
Eligibility is generally based on one of three things. First, whether you receive public benefits like SNAP, Medi-Cal, SSI, TANF, or General Assistance. Second, whether your household income is at or below a percentage of the federal poverty line, usually 125% or 200% depending on the state. Third, whether your monthly income is consumed by basic living expenses such that paying the fee would create real hardship.
Important
A fee waiver is not the same as a debt write-off. If your financial situation improves significantly during the case, the court can order you to pay back the waived fees out of your share of any property division or settlement. This is rare for people with genuine financial hardship, but it's worth knowing.
The application is usually a one-page or two-page form filed at the same time as your divorce petition. You'll list your income, monthly expenses, and any public benefits you receive. The clerk reviews it and either approves it on the spot or sets a brief hearing. For a step-by-step walkthrough of the process, see Hello Divorce's guide to how to get a divorce filing fee waived.
The filing fee is just one piece of the total cost
Most people Googling "divorce filing fees" are really asking a bigger question: how much is this whole thing going to cost me? The honest answer is that the filing fee is a small fraction of total divorce costs in most cases.
A fully contested divorce with two attorneys can run $15,000 to $50,000 or more per spouse, with the filing fee accounting for less than 1% of the total. A do-it-yourself divorce where both spouses agree on everything can come in under $1,000 total, with the filing fee being the largest single line item. The structure of your divorce matters far more than the filing fee itself. For a detailed breakdown of what to expect, see Hello Divorce's primer on how much divorce costs in 2026.
If you and your spouse are aligned on the major decisions, a flat-fee online service can handle the paperwork and filing for a predictable amount. Hello Divorce's flat-rate plans include forms, document review, and filing support without the open-ended hourly billing of a traditional attorney. If you want to do the paperwork yourself, the DIY divorce papers guide walks through every form you'll need to complete.
Have questions about divorce costs?
A 15-minute call with a Hello Divorce account coordinator gives you a clear breakdown of filing fees, service costs, and what your divorce is likely to cost from start to finish. No pressure, no obligation.
Schedule your free 15-minute callFrequently asked questions
What state has the cheapest divorce filing fee?
North Dakota has the lowest base divorce filing fee in the country at $80. Wyoming ($85), Virginia ($86), and Vermont ($90) round out the bottom four. Keep in mind that filing fees are only one component of total divorce cost. A state with low filing fees can still have expensive total divorces if attorney fees, mediation requirements, or service costs run high.
What state has the most expensive divorce filing fee?
Pennsylvania's Philadelphia County has the highest single county filing fee at $449. Among states with uniform statewide fees, Florida is highest at $408. California's $435 to $450 range is the highest among the largest population states. Filing fees alone don't determine total divorce cost, so a high filing fee doesn't necessarily mean the most expensive divorce overall.
Can I get the divorce filing fee waived if I can't afford it?
Yes. Every state has a fee waiver process, often called an "Application for Waiver of Court Fees" or "in forma pauperis" application. If you receive public benefits like SNAP, Medi-Cal, SSI, or TANF, you typically qualify automatically. Otherwise, you'll need to show your household income falls at or below 125% to 200% of the federal poverty line, depending on the state. The application is usually filed at the same time as your divorce petition.
Why are divorce filing fees different in each state?
Filing fees are set by state legislatures or judicial councils, and the amount typically reflects how each state funds its courts. Some states subsidize courts heavily through general tax revenue and keep filing fees low. Other states fund courts more directly from filer fees, which produces higher charges. In nine states, individual counties also add local surcharges to fund clerk operations, courthouse technology, and judicial automation.
Does the divorce filing fee include serving my spouse?
Almost never. Service of process is a separate cost in nearly every state. If you use the county sheriff to serve your spouse, expect to pay $25 to $75. A private process server typically charges $75 to $150. If your spouse signs a waiver of service or you use service by mail with a return receipt, costs are minimal. Service must be properly documented and filed with the court before your case can move forward.
Does my spouse have to pay a fee too?
In most states, yes. If your spouse files a formal Response or Answer, they pay a "first appearance" or response fee that's typically the same as your filing fee. If your spouse doesn't respond and you proceed by default, no response fee is owed. In uncontested divorces where you both agree to terms before filing, your spouse can sometimes avoid the response fee by signing an appearance and stipulation document instead.
Can I pay the filing fee with a credit card?
Most county clerks accept credit cards, debit cards, money orders, and cashier's checks. Some smaller counties still require cash or a cashier's check only. If you're filing electronically, you'll typically pay through the court's e-filing portal with a credit card, sometimes with a small convenience fee added. Personal checks are usually not accepted. Call the specific clerk's office before you file to confirm the accepted payment methods.
References & further reading
Sources cited in this article and recommended for further reading.
- 1. California Courts. "Statewide Civil Fee Schedule". Official statewide civil filing fee schedule under Government Code 70670. California Judicial Council, 2024. Accessed May 2026.
- 2. Florida Courts. "Family Court Resources and Statutes". Florida Statutes 28.241 sets the statewide clerk filing fee schedule. Florida State Courts System, 2024. Accessed May 2026.
- 3. American Bar Association. "Family Law Section". National professional resource on family law, court fees, and divorce procedure across U.S. jurisdictions. American Bar Association, 2024. Accessed May 2026.
- 4. National Center for State Courts. "Court Statistics Project". State-by-state research on court funding, fee structures, and case filings. National Center for State Courts, 2024. Accessed May 2026.
- 5. Hello Divorce. "How Much Does Divorce Cost?". Comprehensive breakdown of total divorce costs including filing fees, attorney fees, and DIY options. Hello Divorce, 2026. Accessed May 2026.
- 6. Hello Divorce. "How to Get a Divorce Filing Fee Waived". Step-by-step guide to applying for and qualifying for a court fee waiver. Hello Divorce, 2024. Accessed May 2026.
- 7. Hello Divorce. "DIY Your Divorce Papers". Self-guided walkthrough for completing divorce paperwork without an attorney. Hello Divorce, 2024. Accessed May 2026.