Court fees for a divorce petition are set by state law, not by the type of case you are filing, so a mutual, uncontested divorce costs the same initial filing fee as a contested one in most states. This guide breaks down what the fee actually covers, then gives the current statewide fee schedule for California and Florida, two states with very different fee structures.
Key Takeaway: California charges a standard statewide filing fee of $435 to $450 for a divorce petition. Florida's dissolution of marriage filing fee, built from a base statutory amount plus smaller statutory add-ons, runs about $408 to $409 in most counties. Every other state sets its own schedule. If you cannot afford the fee, every state offers a fee waiver application.
How Much Do Divorce Court Fees Cost?
The court filing fee for a divorce petition is set by state statute or by the state's judicial council, and it is charged once, at the time you file, regardless of whether your case is contested or fully agreed. It is separate from any fee to serve your spouse, any fee for a certified copy of your judgment, and any fee tied to a hearing. Two of the largest states, California and Florida, illustrate just how different these schedules can be.
What Do the Fees Cover?
The initial filing fee covers the clerk's work of opening your case: assigning a case number, docketing your petition, and entering it into the court's calendar system. It does not include:
- Service of process, formally delivering the petition to your spouse, which can run an additional $40 to $100 if you use a process server or the sheriff
- Certified copies of your final judgment, charged per copy
- Motion or hearing fees, if your case requires the court to rule on a contested issue
California: The Statewide Civil Fee Schedule
California sets its divorce filing fee at the state level. According to the California Courts Self-Help Center, the filing fee for a divorce case is $435 to $450, whether you are filing the initial petition (Form FL-100) or a response. This fee applies to a Superior Court case in any of California's 58 counties, with the small range reflecting minor local variation some courts add on top of the base statewide amount.
If a joint petition is filed under Form FL-700 instead of a standard petition and response, the combined filing fee is higher, since it covers both parties in a single filing. Confirm the current fee for your specific filing type with your county Superior Court clerk before you pay.
Florida: County Filing Fees for Dissolution of Marriage
Florida's filing fee structure works differently. State law sets a base circuit civil filing fee for cases under Chapter 61 (dissolution of marriage) at up to $295, plus a separate statutory add-on fee of $4, plus smaller charges for the summons and other statutory line items.
Once every statutory add-on is included, county clerks report the total Clerk of Court filing fee for a Dissolution of Marriage as $409.00, a figure confirmed on the Eleventh Judicial Circuit's Family Court Self-Help Program fee schedule.
That $409 figure is the clerk's filing fee only. It does not include an optional $85 self-help program service fee some petitioners choose to pay for filing assistance, a $40 sheriff service fee if your spouse is served by law enforcement, or a $70 publication fee if your spouse cannot be located and you serve by publication.
Do Fees Vary by State or County?
Yes. Each state legislature or judicial council sets its own civil filing fee schedule, and there is no federal or national filing fee for divorce. California sets one statewide fee schedule that all 58 counties follow closely. Florida sets a base statutory fee, then lets individual county clerks add small statutory line items for things like summons issuance, which is why the final total reported by different Florida county clerks can land within a few dollars of one another rather than as one identical number.
Outside California and Florida, other states differ further: some set a single statewide fee, others let counties set their own within a state-approved range, and a handful charge separate fees depending on whether children are involved. Always confirm the current fee directly with the court where you plan to file rather than relying on a fee you saw quoted for a different state.
Court Fees for a Mutual Divorce Petition
A mutual divorce, where both spouses agree on the terms before filing, does not carry a separately discounted court fee in California or Florida. You pay the same base filing fee whether your case is contested or fully agreed. Where a mutual case saves money is afterward: an uncontested case skips the added cost of a contested hearing, formal discovery, or, often, a paid process server, since a cooperative spouse can typically sign a waiver of service instead.
If the base filing fee itself is what you cannot afford, a fee waiver, not an uncontested filing, is the tool built for that. See our guide on how to get divorced when you cannot afford it for the fee waiver process in both states, and our broader guide to cheap divorce options for other ways to keep the total cost down.
Frequently Asked Questions
How much are court fees for a divorce petition?
It depends entirely on the state and, in some states, the county. California charges a standard statewide filing fee of $435 to $450 for a petition, set by the Judicial Council. Florida charges a filing fee for dissolution of marriage that county clerks report as roughly $408 to $409, built from a base statutory fee plus smaller statutory add-ons. Every other state sets its own schedule, so confirm the current number with the specific court where you plan to file.
What do court fees for mutual divorce cost?
A mutual, or uncontested, divorce where both spouses agree still requires the same initial filing fee as any other petition in most states. California and Florida do not charge a separate, lower fee simply because the case is uncontested. The fee difference in a mutual case usually comes from what you do not have to pay for afterward: a contested hearing, formal discovery, or a paid process server, not from a discounted filing fee upfront.
What does the divorce filing fee actually pay for?
The filing fee covers the clerk's cost of opening your case, assigning a case number, and entering your petition into the court's system. It does not cover serving your spouse, certified copies of your final judgment, or any fee for a hearing. Those are billed separately, on top of the initial filing fee, and the total can add up to more than the base fee alone suggests.
Do court filing fees vary by state?
Yes, significantly. Each state legislature sets its own civil filing fee structure, and some states let individual counties add local surcharges on top of a base statutory amount, the way Florida does. There is no national filing fee for divorce. If you are filing outside California or Florida, check your own state's judicial branch website or your county clerk of court directly for the current amount.
Is the California divorce filing fee the same in every county?
The base fee is set at the state level, but the California Courts Self-Help Center lists the filing fee for a divorce case as $435 to $450, a range that reflects small local variation some counties add. Confirm the exact figure with your county Superior Court before you file, since paying an incorrect amount can delay your case.
Why does the Florida filing fee show up as slightly different numbers on different sites?
Florida's base circuit court filing fee for a dissolution of marriage case is set by state statute, but individual clerks add smaller statutory fees for things like the summons and state records reporting, so the final total clerks report ($408 to $409 in most circuits) can vary by a dollar or two from one county to the next. The statutory base amount itself does not change by county.
What if I cannot afford the divorce court filing fee?
Every state lets you ask the court to waive or defer the filing fee if you cannot afford it, based on your income or certain public benefits. California uses Form FW-001. Florida uses an Application for Determination of Civil Indigent Status. Our guide on getting a divorce when you cannot afford it walks through eligibility and the process in both states.
How Virdix Helps
Virdix fills out your state's official court forms from your answers, for California and Florida cases, so your petition is complete and consistent before you pay the filing fee. Virdix flags contradictions across your forms and prepares a filing ready packet, currently a one time $79 launch price through October 31, 2026.
Virdix does not set, collect, or waive your court's filing fee. That payment goes directly to your county clerk when you file.
This article is for informational purposes only and does not constitute legal advice. Virdix is a document preparation service, not a law firm, and does not provide legal advice. For advice about your specific situation, consult a licensed family law attorney.
Sources: California Courts Self-Help Center (selfhelp.courts.ca.gov); Florida Statute 28.241 (flsenate.gov); Eleventh Judicial Circuit of Florida Family Court Self-Help Program fee schedule (jud11.flcourts.org).