Divorce filing fees by state (2026)

How to read this table

The filing fee is what the court charges to open a divorce case. It is the one cost that is fixed, public and knowable in advance — and it is usually the smallest number in the whole process. A $215 filing fee sits alongside attorney costs that commonly run into thousands.

Three things this table does not include, and they matter more than the fee itself:

• Attorney fees. The largest variable by a wide margin. The hourly rate column gives a typical range, but total cost depends on how much your spouse disputes, not on the rate.
• Response fees. If your spouse files a formal answer, most states charge them a separate first-appearance fee, often similar to the filing fee. Budget for both in a contested case.
• County surcharges. Many states let counties add local fees on top of the state figure, typically a few dollars to a few tens of dollars. Your county clerk has the exact number.

Why filing fees vary so much between states

The spread runs from $80 in Washington, D.C. to $435 in California — a difference of more than $355 for what is procedurally the same filing. The variation reflects how each state funds its court system rather than anything about the divorce itself. Some states fund courts largely from general taxation and keep filing fees low; others recover more of the cost from litigants. Several states also bundle mandatory surcharges into the headline fee — for court technology, legal aid funds or domestic violence programmes — which is why the published number can look high relative to a neighbouring state.

None of this affects the divorce you receive. A $80 filing and a $435 filing produce the same legal outcome.

You cannot file in a cheaper state

This is the most common misunderstanding about this table, so it is worth being direct: you must file where you meet the residency requirement. That generally means having lived in the state for six months to a year, and often in the county for a shorter period on top. The residency column shows each state's rule.

Filing in a state where you do not live does not work. The court lacks jurisdiction, the case is dismissed, and you lose the filing fee. If you have recently moved, you may need to wait to meet the new state's requirement, or file where you previously lived if you still qualify there.

If you cannot afford the filing fee

Every state has a fee waiver process. You file a financial hardship application — often called an in forma pauperis petition or a fee waiver request — alongside your divorce petition. Eligibility is usually tied to household income relative to the federal poverty guidelines, or to receipt of benefits such as SNAP or Medicaid. If the waiver is granted you pay nothing to file.

Ask the court clerk for the form; they cannot give legal advice but they can tell you which form you need. Most state judiciary websites also publish it for download. Court self-help centres and legal aid organisations will help you complete it at no cost.

Where these figures come from

Filing fees, waiting periods and residency requirements are compiled from each state's official judiciary website. 0 of 51 have been checked directly against the published fee schedule and carry a verification date; the rest are marked est. and should be confirmed with the court before you rely on them. Every row links to that state's court source so you can check for yourself.

Attorney hourly rates are ranges drawn from published bar association surveys and market rate reporting. They describe what people commonly pay in that state. They are not quotes and no attorney is bound by them. Our full methodology is on the editorial policy page, and all court sources are listed on the sources page.

Spotted a fee that has changed? Tell us — we check it against the court source, update the figure and record the date.

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Using this data

Researchers and journalists are welcome to cite this table with attribution and a link. If you need the underlying data as a spreadsheet, ask us and we will send it.