Updated May 2026 All 50 States

Divorce Filing Fees by State 2026

Find out what it costs to file for divorce in any U.S. state — including base filing fees, service of process costs, and children's surcharges.

$80

Lowest base fee

$214

National average

$435

Highest base fee

States with children surcharge

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Divorce Court Costs — All 50 States

Court filing costs only — does not include attorney fees, mediation, or other legal expenses. Costs may vary by county within some states. → Browse fees by county

Base Filing Fee at a Glance

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Divorce Filing Fee — 2026 · Official state government sources

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Children surcharge None

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Children surcharge $20

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Children surcharge $25

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Children surcharge $50

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Children surcharge $25

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Children surcharge $25

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Children surcharge $20

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Children surcharge $20

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Children surcharge $20

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Children surcharge $25

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Children surcharge $25

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Children surcharge $25

Children surcharge $18

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Children surcharge $25

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Children surcharge $25

Children surcharge $20

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Understanding Divorce Court Costs

The divorce filing fee is the court's charge to open your case. It's typically paid by the petitioner (the spouse who files first). Filing fees range from around $80 in Wyoming to over $450 in California, with a national average near $214.

Court costs are just one component of divorce expenses. Here are all the typical costs to budget for:

Base filing fee: Paid when you file your petition. Required in every state.
Service of process: Formally delivering court papers to your spouse. Sheriff or constable service costs $30–$75; private process servers typically cost $60–$150.
Children's surcharge: Some states add a fee when minor children are involved, to fund family court programs.
E-filing fee: States with mandatory electronic filing may charge an additional $5–$25 convenience fee.
Parenting class: Many states require divorcing parents to complete a co-parenting course. Typically $30–$75.
Certified copies: You'll need certified copies of your final decree. Usually $5–$25 per copy.

Can You Get the Filing Fee Waived?

Yes. If you cannot afford the filing fee, you can apply for a fee waiver by submitting a financial affidavit to the court. See our state-by-state divorce fee waiver guide for income limits, required documents, and step-by-step instructions.

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Frequently Asked Questions

How much are divorce filing fees?

Divorce filing fees range from about $80 (North Dakota) to $435 (California), with a national average of around $214. These fees cover the court filing only — total out-of-pocket costs including service of process, parenting class fees, and certified copies typically add another $50–$200 on top.

How do I get a divorce filing fee waived?

All states offer fee waiver programs for people who cannot afford to pay. You file a Fee Waiver application (also called an In Forma Pauperis application) with your county clerk. Eligibility is usually based on income — most courts use 125–200% of the federal poverty level as the threshold. See our Divorce Fee Waiver guides for state-specific instructions and forms.

Why do divorce filing fees vary by county?

States set minimum court fees, but individual counties add their own surcharges and technology fees. This means the same state can have significant county-to-county variation — California counties, for example, range from roughly $300 to $450. Our county-level divorce fee tool covers 197+ US counties with exact figures sourced from official court records.

What is included in the total cost of filing for divorce?

Total divorce filing costs typically include: (1) court filing fee ($80–$435), (2) service of process — serving papers on your spouse ($30–$150), (3) children's surcharge in applicable states, (4) e-filing fee ($5–$25), (5) parenting class fee if children are involved ($30–$75), and (6) certified copies of the final decree ($5–$25 each).

What is the difference between a contested and uncontested divorce?

In an uncontested divorce, both spouses agree on all terms — property, custody, and support. This is faster and cheaper, often limited to the filing fee plus a short hearing. A contested divorce involves disputes requiring additional hearings, possibly mediation, and often attorneys — costs can run into thousands. The court filing fee is the same for both; the legal and time costs differ dramatically.

Can I file for divorce without a lawyer?

Yes — uncontested divorces are commonly filed without an attorney (pro se divorce). Courts in every state have self-help centers and standardized forms. It's most practical when both spouses agree on all terms and there are limited assets involved. If there are minor children, significant assets, or disagreements, consulting an attorney first is strongly advisable.

Are divorce filing fees the same statewide?

Not always. Some states have uniform statewide fees, while others allow counties to set their own additional surcharges. California and Texas have notable county-level variation. Our county-level tool covers 197+ US counties with verified fees from official court records so you know exactly what to bring.

What is a divorce fee waiver and who qualifies?

A divorce fee waiver (In Forma Pauperis) is a court order that eliminates or reduces the filing fee for those who cannot afford it. Qualifying thresholds vary — most courts use 125% to 200% of the federal poverty level. Applications require proof of income such as pay stubs or benefit award letters. Approval is at the court's discretion. See our state-specific waiver guides for exact requirements and form names.