Divorce Filing Fees by State in 2026

What the Court Filing Fee Actually Covers

When you file for divorce, the court charges a fee to accept and process your initial petition. That fee pays for the clerk's time, case management systems, and the court's administrative overhead. It does not pay for anything beyond that initial filing.

Specifically, the filing fee does not cover: serving your spouse with divorce papers, copying or certifying documents, filing any subsequent motions, parenting plan registration, or any hearing fees that certain states add. Those are all separate line items you'll encounter as your case moves forward.

Filing Fees by State (All 50 States)

The fees below are approximate ranges based on published court schedules as of 2026. Fees often vary by county, particularly in large states like California, Texas, Florida, and New York. Always verify the exact amount at your county clerk's office or court website before you file.

Fees are approximate ranges sourced from published court fee schedules as of June 2026. County-level variation is common. Verify directly with your local court clerk before filing.

States With Significant County-Level Variation

In some states, the spread between the cheapest and most expensive county can be $100 or more. Four states stand out:

• California: Los Angeles County charges a $435 filing fee for a standard dissolution. Smaller counties may charge closer to $395. The state also tacks on additional surcharges in certain cases.
• Texas: County district court fees swing between $250 in rural counties and $350 or more in Harris (Houston) and Dallas counties.
• Florida: Most Florida counties charge $408–$410 for a petition for dissolution of marriage, but service and hearing fees vary.
• New York: New York City's Supreme Court (which handles divorce) charges around $335 for an index number. Upstate and rural counties typically charge $210–$245.

Other Fees to Expect When You File

Service of Process Fees

After you file your petition, you must legally notify your spouse. Courts require formal "service of process," and this almost always costs money on top of the filing fee. Options and typical costs include:

• Sheriff or constable service: $50–$100 in most states
• Private process server: $75–$150 depending on location and number of attempts
• Certified mail: A few dollars, but only allowed in select states for divorce proceedings

If you can't locate your spouse, most states allow service by publication (posting a notice in a local newspaper), which typically runs $100–$250 in publication fees.

Response and Counterpetition Fees

Once your spouse is served, they have a deadline to respond. If they file a formal response or a counterpetition, they pay their own filing fee — generally $100–$200, slightly lower than the original petition fee in most states. This is separate from what you paid and comes out of your spouse's pocket, not yours.

Additional Court Fees

Depending on how contested your divorce becomes, you may also encounter:

• Motion filing fees: $20–$75 per motion in many courts
• Parenting plan or custody order registration: $25–$60
• Certified copy fees: $5–$25 per document
• Name change filing, if requested as part of the divorce: $0–$50

Fee Waivers: Who Qualifies and How to Apply

All 50 states offer some form of fee waiver for filers who cannot afford court costs. These programs go by different names — "Application for Waiver of Court Fees," "In Forma Pauperis," or "Fee Waiver Request" — but the core process is similar everywhere.

Income Thresholds

Most states base eligibility on the federal poverty level (FPL). You typically qualify automatically if your gross household income is at or below:

• 125% FPL: About $18,900/year for a single person in 2026 (California, New York, and several other states)
• 150% FPL: About $22,590/year for a single person — the most common threshold
• 200% FPL: About $30,120/year — a more generous threshold used in some states

Participation in public benefit programs (Medicaid, SSI, SNAP, CalFresh, TANF) often qualifies you automatically, regardless of income calculation.

How to Apply for a Fee Waiver

The process is straightforward in most courts. You fill out a waiver application form — usually a one-to-two-page document available at the courthouse or on the court's website — and attach documentation of your income. This might include recent pay stubs, a benefit award letter, or a tax return. A judge or court commissioner reviews the application, often within a few days. Approval is not guaranteed, and some courts may grant a partial waiver rather than a full one.

File your waiver application at the same time as your divorce petition, or just before. Courts will typically hold your petition until the waiver decision is made.

How to Look Up Your Exact County Fee

The fastest way to confirm what you'll owe is to go directly to your county's official court website. Search for [your county] Superior Court fee schedule or [your county] District Court civil fees. Most courts publish a PDF fee schedule that's updated annually.

You can also call the clerk's office directly — clerks are generally able to tell you the exact fee for a dissolution of marriage or divorce petition and point you to waiver forms. They cannot give you legal advice, but answering fee questions is firmly within their job description.

State judicial websites are another reliable source. Many states maintain a central portal (often under the State Courts Administration or Office of Court Administration) that links to individual county fee schedules from one page.

Keep in mind that filing fees often change at the start of a fiscal year — many states update fees in July. If you're filing near a fiscal year boundary, confirm the fee the week you plan to file rather than relying on information from months earlier.