Divorce Filing Fees by State 2026

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. Most courts will waive fees if your income is below 125–200% of the federal poverty level. Ask the court clerk for a fee waiver application.