How Much It Costs to File for Divorce in Each State (2026)
The court filing fee for a divorce petition in each state, and how to ask for a fee waiver.
| State | Filing fee |
|---|---|
| Alabama | State law sets a $145 docket fee for a new case on the circuit court's domestic relations docket, whether it is contested or uncontested, and $248 for a case to modify or enforce an existing domestic relations order. Counties add other court costs, so the total at the clerk's office is higher and varies by county. If paying would be a substantial hardship under the state income guidelines, you can file a verified statement of substantial hardship and the fee may be waived at first and taxed as costs at the end of the case. Ala. Code §§ 12-19-70, 12-19-71 |
| Alaska | The fee to open a divorce, dissolution, custody, or paternity case is $250 (effective May 1, 2023). A motion to modify custody, visitation, support, spousal maintenance, or property division costs $75 when the parties do not agree, and is free when both agree. You can ask the court to waive the fee by filing Form TF-920, Request for Exemption from Payment of Fees, when you open the case. Alaska Court System, Filing Fees & Fee Waiver (Administrative Rule 9) |
| Arizona | State law sets the clerk's base fee for a petition for dissolution, legal separation or annulment at $149, and $74 for the response. Counties may add their own fees, so the total varies by county. If you cannot pay, you can apply for a fee waiver or deferral using the Application for Deferral or Waiver of Court Fees or Costs (Form AOCDFGF1F). People receiving SSI qualify for a waiver, and people receiving TANF or food stamps, or represented by a nonprofit legal aid provider, qualify for a deferral, with proof. Ariz. Rev. Stat. § 12-284; Arizona Judicial Branch, Fee Waiver and Deferral Process |
| Arkansas | Arkansas sets a uniform circuit court filing fee of $150 to start a case, and $50 to reopen a case with the same parties and issues. No fee is charged when the court allows an indigent person to proceed in forma pauperis under Rule 72 of the Arkansas Rules of Civil Procedure. Ark. Code Ann. § 21-6-403 |
| California | The filing fee for divorce papers is usually $435 to $450. If you cannot afford it, you can ask for a fee waiver (form FW-001). You qualify if you receive public benefits such as Medi-Cal, CalFresh, General Assistance, or SSI/SSP, if your household income is below the limit listed on the form, or on other grounds described in the court's fee waiver information. Judicial Branch of California Self-Help Guide, Fill out and file divorce papers; Fee waiver |
| Colorado | The state docket fee is $230 for the petitioner in a divorce, legal separation, or declaration of invalidity case, and $116 for the respondent. The same amounts apply to civil unions. If you cannot afford the fee, the Judicial Branch offers a File Without Payment (fee waiver) process. C.R.S. § 13-32-101(1)(a)-(b); Colorado Judicial Branch, Divorce and Separation |
| Connecticut | The Superior Court entry fee for a civil case, including a divorce, is $360. The court must waive court fees for a party it finds indigent; a person is presumed indigent if they receive public assistance (such as state general assistance, temporary family assistance, SNAP or SSI) or have after-tax income of 125 percent of the federal poverty level or less. Conn. Gen. Stat. §§ 52-259, 52-259b |
| Delaware | Under the Family Court's Schedule of Assessed Costs (effective July 20, 2026), filing a divorce costs $165 plus a $10 court security fee. Each ancillary matter, such as property division, alimony, or a separation agreement, costs $90. Publication through the Family Court Legal Notices website is free. Family Court of the State of Delaware, Schedule of Assessed Costs (effective 7/20/26) |
| Florida | By statute, the clerk's filing fee for a dissolution of marriage petition is up to $295 (for five or fewer respondents), plus a $4 additional filing fee. Charges for issuing a summons and for service by mail are extra. A fee of up to $50 applies to reopen a case 90 or more days after the final judgment. Fla. Stat. § 28.241(1)(a)1.b., 1.c.; (1)(b) |
| Georgia | By state law, the superior court clerk's base fee for a civil case, including a divorce, is $58 for services through judgment. Other laws add fees, so the total charged varies by county. Sheriff's service fees are separate. A person who cannot pay because of indigence may file an affidavit (pauper's affidavit) instead of paying. O.C.G.A. § 15-6-77(b), (e) |
| Hawaii | The Family Court filing fee for a divorce (or civil union divorce) is $215 with no minor children: a $100 initial filing fee, a $65 surcharge and a $50 computer system surcharge. If either spouse has minor children (from this marriage or another relationship), a $50 parent education surcharge is added, for a total of $265. There is no fee for motions in a divorce case. Hawaii State Judiciary, Family Court Filing Fees (effective 6/17/22, Act 91 of 2022) |
| Idaho | The filing fee for a divorce petition is $207, with or without children. The fee to file a response to a divorce is $136. A person who cannot pay may file an affidavit of indigency, and the court may allow the case to proceed without prepaying fees after finding the person indigent. Idaho Court Assistance Office, Divorce forms page; I.R.C.P. Appendix A, Civil Case Filing Fees (effective July 12, 2024); Idaho Code § 31-3220 |
| Illinois | Filing fees are set by each county's Circuit Clerk, and the respondent may also have to pay a fee to file an appearance in some counties. Sheriff's fees for service are extra. If you cannot afford the fees, you can ask to file for free or at a reduced cost by filing an Application for Waiver of Court Fees; an Illinois sheriff must honor a fee waiver order. Illinois Courts, How to Get a Divorce with Children (statewide instructions) |
| Indiana | Filing fees are collected by the county Clerk and differ by county and by how the other spouse is served. For example, the Clark County Clerk lists $177 for a divorce served by certified mail or $205 for service by the sheriff (May 2024). Clark County Clerk of Courts, Notice to Self Represented Parties Filing a Divorce Case (05/2024) |
| Iowa | The filing fee for a Petition for Dissolution of Marriage is $285; serving the petition on the other spouse may cost extra. If you cannot afford the fee, you can file an Application to Defer Costs, and a judge will decide whether to postpone the fees. Iowa Judicial Branch, Divorce; Civil Court Fees |
| Kansas | The total filing fee for a divorce is $195 (Johnson County adds $1.50 and Sedgwick County adds $2.00). A post-judgment motion in a divorce case costs $62. If you cannot pay, you can file a Poverty Affidavit to ask the judge to waive all or part of the fees. Kansas Judicial Branch Self-Help, District Court Filing Fees |
| Maine | The court fee to start a family matter case, including a divorce, is $120. If you cannot afford the fee, you can file an Application to Proceed Without Payment of Fees (form CV-067) with an Affidavit (CV-191); if the court denies the application, you have seven days to pay. Initial court mediation in a pre-judgment family case costs $160 for two sessions. No fee is charged for a name change requested as part of a divorce. Maine Supreme Judicial Court Administrative Order JB-05-26 (A. 3-26), Court Fees Schedule, eff. March 9, 2026; A Guide to Family Separation in Maine |
| Maryland | The circuit court clerk's fee for filing a complaint for divorce is $165. There is no fee for a motion to restore a former name. You may ask the court to waive the fee based on your income. Maryland Judiciary, Summary of Charges, Costs, and Fees of the Clerks of the Circuit Court (effective September 2, 2026); Maryland Judiciary, Divorce |
| Michigan | Filing a civil action in circuit court, including a divorce, costs $150 plus a $25 electronic filing system fee. When custody or parenting time of a minor child is to be decided, an additional $80 fee is due at filing; if only child support is to be decided, the additional fee is $40. Fees can be waived or suspended for a person who cannot pay, and if the filing fee is waived for indigence, the e-filing fee must also be waived. MCL 600.2529(1)(a), (1)(d); Michigan Courts, Circuit Court Fee and Assessments Table (February 2025) |
| Minnesota | By statute, the court filing fee in a marriage dissolution case is $340 for the petitioner, and $340 for the respondent when they first file a paper in the case. A court may waive fees for a person who cannot afford them. Minn. Stat. § 357.021, subd. 2(1); Minn. Stat. § 563.01 |
| Montana | The district court clerk's fee for filing a petition for dissolution of marriage is $170, and $150 for a petition for legal separation. A responding spouse pays $60 on appearance, and the prevailing party pays $50 on entry of judgment. A person who cannot pay may ask for a fee waiver by filing an affidavit and financial statement. Mont. Code Ann. § 25-1-201(1)(a)-(c); Mont. Code Ann. § 25-10-404 |
| Nebraska | The district court fee schedule lists a total of $200.00 to file a dissolution of marriage case (including a $50 mediation fee and a $25 child abuse prevention fee). People with very low income can ask the judge to waive the fee using the court's "Request to Proceed Without Payment of Court Fees" (in forma pauperis) forms. Nebraska Judicial Branch, Filing Fees and Court Costs (District Court, Civil, item 3); Simple Divorce - No Children |
| Nevada | Filing fees are set by each county's district court clerk and depend on the type of case and document. In Clark County, the Family Law Self-Help Center refers filers to the Clerk's Filing Fee Chart. A fee waiver may be granted if you receive public assistance, your basic monthly expenses exceed your income, your household income is under 150% of the federal poverty level, or for another compelling reason; for a joint petition, each spouse must file a separate application. Family Law Self-Help Center (Eighth Judicial District Court, Clark County), Filing Fees and Waivers |
| New Jersey | The fee to file a divorce complaint is $300, and a defendant's filing (answer or appearance) is $175. If there are minor children, each party pays an additional $25 parent education fee. People with low income may qualify for a fee waiver. New Jersey Courts, Self-Help: Divorce; N.J.S.A. 2A:34-12.5 |
| New Mexico | The courts' self-help page does not list a statewide amount and says to check with the local district court for the filing fee. You can ask the court clerk about waiving all or part of the filing fee. New Mexico Courts Self-Representation: Divorce |
| New York | Court fees are set by statute: $210 to buy an index number to start the case ($190 plus $20 in additional fees), $95 for a request for judicial intervention, and $125 to place a case on the calendar (or $30 when a request for judicial intervention was already filed). Other filing fees may apply, such as $45 per motion and $35 to file a stipulation of settlement. A person who cannot afford the fees may apply to the court for poor person relief to proceed without paying them. N.Y. CPLR §§ 8018, 8020, 1101 |
| North Carolina | Statutory court costs for a district court civil case include a $16 facilities fee, a $4 court technology fee and a $130 General Court of Justice fee, plus a $75 fee in every action for absolute divorce (a total of $225 from these items). The clerk collects these as advance costs except in suits by an indigent person. N.C. Gen. Stat. § 7A-305(a), (a2), (c) |
| North Dakota | The fee to file a petition for divorce, annulment or separation is $160 (court fee schedule effective July 1, 2025). A filing fee waiver request form is available. North Dakota Court Fee Schedule (N.D.C.C. § 27-05.2-03); North Dakota Legal Self Help Center |
| Ohio | Filing fees are charged by the county court of common pleas where the case is filed; the Supreme Court of Ohio forms page does not list a statewide amount. The Supreme Court's standardized forms include a Civil Fee Waiver Affidavit and Order for people asking to file without paying the fee. Supreme Court of Ohio, Domestic Relations and Juvenile Standardized Forms |
| Oregon | The statewide circuit court filing fee for a first appearance in a dissolution of marriage, annulment or separation case is $301 for each party (2026 fee schedule, effective January 1, 2026). A person who cannot afford the fee may apply for a fee deferral or waiver. ORS 21.155(1); Oregon Judicial Department, 2026 Circuit Court Fee Schedule |
| Pennsylvania | Filing costs vary by county and by type of document, and the Pennsylvania courts note some filing costs may be in the hundreds of dollars. A person who cannot afford the fees may file an In Forma Pauperis petition with income and expense information at the county Prothonotary or Office of Judicial Records. Unified Judicial System of Pennsylvania, Representing Yourself: Divorce Proceedings |
| South Carolina | The Family Court filing fee for divorce, annulment, and separate support and maintenance actions is $150. No fee is charged for cases filed with an order granting leave to proceed in forma pauperis (a Motion and Affidavit to Proceed In Forma Pauperis is part of the self-help packet) or for cases handled by legal aid, legal services, nonprofit or Pro Bono Program attorneys. Motions in family court carry a separate $25 fee. South Carolina Judicial Branch, Family Court Filing Fees; S.C. Code 8-21-320 |
| South Dakota | The divorce filing cost is $97 ($50 filing fee plus $40 and $7 in other court costs) under the Unified Judicial System's schedule of court costs (rev. July 1, 2026). A defendant who files an answer pays a $25 answer fee. A person who cannot afford the fee may file a Motion, Affidavit, and Order to Waive Filing Fee (form UJS-022). South Dakota Unified Judicial System, Schedule of Court Costs (rev. July 1, 2026); Divorce with Children plaintiff packet (UJS-307B, rev. 05/2026) |
| Texas | Fees are set locally. The Supreme Court of Texas-approved divorce form instructions say the filing fee may be between $150 and $300, depending on where you live, plus a separate fee if the clerk arranges service on your spouse. If you cannot pay court fees, you can file an Affidavit of Indigency asking the court to let you proceed without paying. Supreme Court of Texas, Approved Divorce Forms (Divorce Set 1) instructions |
| Utah | The district court filing fee for a petition for divorce or separate maintenance is $350 (fee schedule effective May 6, 2026). The fee for a respondent's answer or counter-petition in a divorce or separate maintenance case is $130, and a motion for a temporary separation order is $35. Other costs can include service fees, the vital records fee and the required classes. If you cannot afford the fees, you can ask the judge to waive them. Utah State Courts, Filing Fees (effective May 6, 2026); Divorce self-help page |
| Vermont | The fee to file for divorce, annulment, civil union dissolution or legal separation is $295 without a stipulation, $90 with a full stipulation (agreement) when one or both spouses are Vermont residents, or $180 with a stipulation when neither is a resident. If the case becomes contested, the difference must be paid before the final order. You can apply to waive filing fees and service costs. Vermont Judiciary, Fees page (32 V.S.A. § 1431(b)(2)); Divorce page |
| Virginia | By statute, the circuit court clerk's fee for filing a divorce or separate maintenance suit is $60 (which includes a certified copy of the final decree), charged to the plaintiff when the suit is filed, and the same fee applies to a counterclaim. Other statutory and local charges, and fees for serving papers, can be added, so the total varies by court. Va. Code § 17.1-275(A)(26) |
| Washington | State law sets a $200 filing fee for the first document in a civil case, plus statutory surcharges of $40 and $50 on that fee, for $290 in statewide charges. A respondent who files a counterclaim also pays the filing fee. Check with your county superior court clerk for the total, which may include other charges. RCW 36.18.020(2)(a), (5)(c), (6) |
| West Virginia | The fee to file a divorce petition is $135. Service by the sheriff costs $30, or service by certified mail costs $20. If you cannot afford the fees, ask a deputy circuit clerk for an affidavit to waive fees and court costs. Each parent of minor children also pays a $25 parent education fee unless fees are waived. W. Va. Code § 59-1-11(a)(3); Petitioner's Divorce Packet Instructions (SCA-FC-100) |
| Wisconsin | By statute, the clerk of circuit court collects a $130 fee to start a civil action plus an additional $38 fee in actions affecting the family (used for family court services such as mediation). Other statutory charges may also apply, so check with your county clerk for the total. Wis. Stat. § 814.61(1)(a)-(b) |
| Wyoming | A filing fee is required to open a divorce case; the court's instructions say to ask the clerk of district court for the amount and accepted forms of payment. If you cannot afford it, you can ask the court to waive the filing fee. Having the sheriff serve the papers typically costs around $50. Wyoming Judicial Branch, Plaintiff's Family Law Information and Instructions (DIVCP 03) |
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.