Updated May 2026 All 50 States Ranked Official Court Data
Most Expensive States to File for Divorce (2026)
We compiled official divorce filing fees from every state court system. Here's what we found — and how these fees compare to the national average of $214.
$435
Highest fee (California)
$214
National average
$80
Lowest fee
50
States covered
Top 10 Most Expensive States to File for Divorce
#1 California
$435
Filing fee
+ $40 sheriff service
#2 Florida
$400
Filing fee
+ $40 sheriff service
#3 Minnesota
$365
Filing fee
+ $60 sheriff service
#4 Connecticut
$350
Filing fee
+ $50 sheriff service
#5 Arizona
$349
Filing fee
+ $25 sheriff service
#6 New York
$335
Filing fee
+ $60 sheriff service
All 50 States — Ranked Most to Least Expensive
| # | State | Filing Fee | vs. Avg | + Sheriff Svc |
|---|---|---|---|---|
| 1 | California | $435 | +$221 | $40 |
| 2 | Florida | $400 | +$186 | $40 |
| 3 | Minnesota | $365 | +$151 | $60 |
| 4 | Connecticut | $350 | +$136 | $50 |
| 5 | Arizona | $349 | +$135 | $25 |
| 6 | New York | $335 | +$121 | $60 |
| 7 | Utah | $325 | +$111 | $50 |
| 8 | Washington | $314 | +$100 | $60 |
| 9 | Oregon | $301 | +$87 | $50 |
| 10 | New Jersey | $300 | +$86 | $65 |
| 11 | Texas | $300 | +$86 | $75 |
| 12 | Nevada | $299 | +$85 | $35 |
| 13 | Alabama | $290 | +$76 | $45 |
| 14 | Illinois | $289 | +$75 | $60 |
| 15 | New Hampshire | $260 | +$46 | $50 |
| 16 | Louisiana | $250 | +$36 | $50 |
| 17 | Ohio | $250 | +$36 | $45 |
| 18 | Colorado | $230 | +$16 | $50 |
| 19 | North Carolina | $225 | +$11 | $30 |
| 20 | Hawaii | $215 | +$1 | $35 |
| 21 | Idaho | $207 | -$7 | $50 |
| 22 | Pennsylvania | $201 | -$13 | $45 |
| 23 | Alaska | $200 | -$14 | $50 |
| 24 | Georgia | $200 | -$14 | $50 |
| 25 | Massachusetts | $200 | -$14 | $60 |
| 26 | Kansas | $195 | -$19 | $50 |
| 27 | Iowa | $185 | -$29 | $30 |
| 28 | Tennessee | $184 | -$30 | $50 |
| 29 | Wisconsin | $184 | -$30 | $50 |
| 30 | Oklahoma | $183 | -$31 | $50 |
| 31 | Michigan | $175 | -$39 | $25 |
| 32 | Arkansas | $165 | -$49 | $50 |
| 33 | Delaware | $165 | -$49 | $60 |
| 34 | Maryland | $165 | -$49 | $55 |
| 35 | Missouri | $163 | -$51 | $45 |
| 36 | Rhode Island | $160 | -$54 | $50 |
| 37 | Indiana | $157 | -$57 | $40 |
| 38 | Nebraska | $157 | -$57 | $50 |
| 39 | South Carolina | $150 | -$64 | $40 |
| 40 | Kentucky | $148 | -$66 | $40 |
| 41 | New Mexico | $137 | -$77 | $40 |
| 42 | West Virginia | $135 | -$79 | $40 |
| 43 | Maine | $120 | -$94 | $50 |
| 44 | Montana | $120 | -$94 | $50 |
| 45 | Mississippi | $100 | -$114 | $50 |
| 46 | Wyoming | $100 | -$114 | $30 |
| 47 | South Dakota | $95 | -$119 | $30 |
| 48 | Vermont | $90 | -$124 | $45 |
| 49 | Virginia | $86 | -$128 | $40 |
| 50 | North Dakota | $80 | -$134 | $30 |
National average: $214. Fees sourced from official state court websites. Some states charge additional surcharges not shown here (children's fund, domestic violence fund, etc.).
Why Do Divorce Fees Vary So Widely?
The most expensive state (California, $435) charges more than 5x what the cheapest states charge. The gap comes from several sources:
- Base filing fees are set by state legislatures and vary enormously. High-cost-of-living states tend to have higher fees across all court filings, not just divorce.
- Mandatory surcharges inflate the headline fee. Many states add a domestic violence fund fee, children's justice surcharge, court technology fee, or law library fee on top of the base amount. These surcharges are set by the legislature — the court clerk cannot waive them separately from the filing fee.
- Service of process costs are separate from the filing fee and depend on your county's sheriff or process server rates. These are not included in the "filing fee" comparison above.
For an uncontested divorce where both spouses agree on all terms, the filing fee is often the largest out-of-pocket expense — making state selection meaningful when one spouse qualifies in multiple states.
Frequently Asked Questions
What is the most expensive state to file for divorce?
California has the highest divorce filing fee at $435 as of 2026. Other high-cost states include Florida ($400), Minnesota ($365), Connecticut ($350). Filing fee is just one component — service of process, mandatory parenting class fees, and other surcharges add additional costs on top of the base fee.
Why are some states so much more expensive to file for divorce?
Divorce filing fees are set by state legislatures and local court systems. States with higher costs of living (California, Oregon, Connecticut) tend to have higher court fees across the board. Some states also impose mandatory surcharges — a domestic violence fund surcharge, a children's justice fund fee, or a court technology fee — that inflate the base divorce filing fee well above neighboring states. These surcharges are added by the legislature, not the courts themselves.
How does the national average divorce filing fee compare?
The national average divorce filing fee across all 50 states is approximately $214. The highest state fee is more than 2x the national average, while the lowest states charge under $100. If you are filing in a high-cost state, compare the fee to the total divorce cost — attorney fees alone typically run $10,000–$30,000 per spouse, making the filing fee a small percentage of total expense.
Can I get the divorce filing fee waived if the cost is too high?
Yes — all 50 states offer a fee waiver (In Forma Pauperis) for low-income filers. In high-cost states like California ($435 filing fee), the waiver can save you hundreds of dollars. Eligibility is generally tied to income relative to federal poverty guidelines (usually if your income is at or below 125% of the federal poverty level). Contact your county court clerk or visit the state court's self-help center to request a fee waiver application.
What are the total out-of-pocket costs for divorce besides the filing fee?
Beyond the filing fee, expect to pay: service of process ($40–$100 for sheriff; $100–$200 for process server), a parenting class fee if minor children are involved ($25–$100), and any required mediation costs. If either spouse requests documents, you may pay copy and certification fees. An uncontested divorce with no attorney can still total $300–$700 all-in in many states.