Cheapest States to File for Divorce (2026)

North Dakota is among the cheapest states to file for divorce with a base filing fee of $80. Other low-cost states include Virginia ($86), Vermont ($90), South Dakota ($95). Keep in mind that total costs also include service of process fees ($30–$100), and if children are involved, a parenting class surcharge. Attorney fees, if any, are additional.

You cannot get a divorce for completely free in any US state, but you can minimize court costs significantly. Most states offer fee waivers (In Forma Pauperis) for low-income filers that can eliminate the filing fee entirely. If you qualify, you pay $0 to file. Even if you pay the filing fee, an uncontested divorce without attorneys can cost as little as $100–$400 in total court costs.

No — you do not have to file divorce in the state where you got married. Divorce is filed based on residency, not where you married. Either you or your spouse must meet the residency requirement for the state where you file (typically 6 months to 1 year). You can choose any state that either spouse qualifies in — which is why some choose low-cost states like Wyoming or Arkansas.

The total cost of a divorce depends on whether it is contested or uncontested. An uncontested divorce (both spouses agree on all terms) typically costs $200–$1,500 in total court costs and document preparation fees — no attorney required. A contested divorce with attorney representation averages $15,000–$30,000 per spouse. The court filing fee is just the starting point — attorney fees, mediation, and court hearings drive the real costs.

An uncontested divorce where both spouses agree on all terms can be finalized in 1–3 months, depending on the state's mandatory waiting period and court docket. Most states require a 30–90 day waiting period after filing before a judge can sign the final decree. Contested divorces average 12–18 months, and complex cases involving significant assets or child custody disputes can take 2–3 years.