There is no official average cost for a contested divorce in Florida. The state tracks and sets the court filing fee, but attorney billing, discovery, and how long a case takes to resolve are not figures any Florida court or agency publishes as an average. What is knowable, and sourced directly from Florida law, is what the filing fee is and what specifically drives cost up once a case becomes contested.
Key Takeaway: The Florida court filing fee for a dissolution of marriage case is up to $295 under Section 28.241, Florida Statutes, and that fee is the same whether the case is contested or uncontested. The real cost difference in a contested case comes from attorney's fees, discovery, and additional hearings, which Florida law allows a court to shift between spouses but does not set a price on.
What Does a Contested Divorce Cost on Average in Florida?
No Florida court, clerk, or state agency publishes an average dollar figure for a contested divorce. Attorney billing rates, the number of hearings a case needs, and how long discovery takes are all case-specific, which is exactly why no official average exists to cite. Any specific number you see quoted outside an attorney's own fee agreement should be treated as an estimate, not a Florida-published fact.
What is fixed and sourced directly from statute is the court filing fee itself: up to $295 for a dissolution of marriage case (a chapter 61 proceeding) with five or fewer defendants, under Section 28.241, Florida Statutes. That fee applies the moment you file the case, before anyone knows whether it will end up contested or not.
What Drives the Cost Up in a Contested Florida Divorce?
Since the filing fee does not change, the added cost in a contested case comes from the work the case requires. Florida law points to a few specific drivers:
- Attorney's fees that can be shifted between spouses. Under Section 61.16, Florida Statutes, a court may order one spouse to pay a reasonable amount toward the other spouse's attorney's fees, suit money, and costs, after considering both parties' financial resources. This applies to the original case, enforcement proceedings, modification proceedings, and appeals. This kind of fee-shifting order is a feature of contested litigation; an uncontested case that resolves by agreement rarely needs the court to decide who pays whose attorney.
- Proving the case with evidence, not just an agreement. Under Section 61.075(3), Florida Statutes, when a marital property dispute is contested and the spouses have not filed a signed stipulation or agreement, any distribution of marital assets or liabilities must be supported by written factual findings based on competent substantial evidence. That means the court has to hear evidence and make findings, rather than simply approving terms both spouses already agreed to, which adds hearing time and preparation on both sides.
- More hearings over a longer timeline. A contested case commonly involves a case management conference, one or more temporary hearings, and ultimately a trial or final hearing, compared to an uncontested case that typically resolves at a single final hearing once the paperwork is complete.
Attorney's fees, suit money, and litigation costs are not set by the state and vary by attorney, county, and how contested the case becomes. Get a specific fee agreement from any attorney you are considering rather than relying on a general estimate.
How Does That Compare to an Uncontested or Online Filing?
The court filing fee itself does not change based on whether a case is contested: it is up to $295 either way, under Section 28.241, Florida Statutes. The difference is almost entirely in what happens after filing.
An uncontested case, where both spouses agree on property, support, and any timesharing terms before or shortly after filing, generally avoids the evidentiary hearing requirement in Section 61.075(3), since that requirement is specific to contested distributions made without a signed agreement. It also reduces the likelihood of a Section 61.16 fee-shifting fight, since there is no dispute for a court to resolve in the other spouse's favor.
For a full breakdown of the standard court fees, service costs, and parenting course cost that apply to every Florida divorce regardless of contested status, see our guide on how much a divorce costs in Florida.
Frequently Asked Questions
What is the average cost of a contested divorce in Florida?
Florida does not publish an average cost for contested divorces, since attorney fees and litigation time vary case by case and are not tracked by the state. What is fixed is the court filing fee, up to $295 under Section 28.241, Florida Statutes, for a chapter 61 dissolution case with five or fewer defendants. Everything above that depends on how much the case is contested and how long it takes.
What makes a Florida divorce contested instead of uncontested?
A divorce is contested when the spouses do not agree on one or more issues, such as division of property, alimony, or timesharing with minor children, and a judge has to decide those issues rather than approve an agreement both spouses already signed. An uncontested case means both spouses agree on every term before filing or shortly after.
Can the court make one spouse pay the other spouse's attorney's fees in Florida?
Yes. Under Section 61.16, Florida Statutes, a court may order one party to pay a reasonable amount toward the other party's attorney's fees, suit money, and costs, after considering both parties' financial resources. This applies to enforcement and modification proceedings and appeals, not only the initial case, and it is more likely to come into play in a contested case.
Does a contested divorce cost more to file than an uncontested one in Florida?
No. The court filing fee is set by statute at up to $295 for a chapter 61 case regardless of whether it is contested or uncontested. The added cost of a contested case comes from attorney time, discovery, and additional hearings, not a higher filing fee.
What is discovery and why does it add cost to a contested divorce?
Discovery is the process of exchanging financial information and evidence between spouses before a judge decides disputed issues. Under Section 61.075(3), Florida Statutes, any contested distribution of marital assets without a signed agreement must be supported by written factual findings based on competent substantial evidence, meaning the case has to be proven at a hearing rather than simply approved.
Does Virdix handle contested Florida divorces?
Virdix is built for the uncontested and simplified dissolution track in Florida, where both spouses already agree on the terms. It does not represent you in a contested case or negotiate on your behalf. See what Virdix covers in Florida on the Florida page.
How Virdix Helps
Virdix is built for Florida's uncontested and simplified dissolution track, where both spouses already agree on the terms. Virdix turns the official Florida Family Law Forms into a guided questionnaire and checks your answers for consistency across every form, at a flat cost separate from court filing fees. It does not represent you in a contested case, negotiate terms, or appear in court on your behalf.
See What Virdix Covers in Florida →
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. Statutes and procedures can change; always confirm current information with the Florida Courts, the Florida Statutes, or your circuit court clerk.
Sources: Section 28.241, Section 61.16, and Section 61.075, Florida Statutes (leg.state.fl.us)