Filing Fees

How Much Does It Cost to File for Divorce in the United States?

Divorce filing fees in the US range from $70 in Wyoming to $435 in California, with most states charging between $200 and $400 to initiate dissolution proceedings. These fees are set by state legislatures and vary significantly by jurisdiction—and sometimes by county within the same state. Filing fees are mandatory initial costs payable to the court clerk when submitting your divorce petition, separate from attorney fees, process server costs, or mediation expenses.

State-by-State Filing Fee Breakdown

California charges the highest statewide divorce filing fee at $435, established under California Government Code § 70670(b). Both the petitioner (person filing) and respondent (spouse responding) must each pay $435, bringing the combined court cost to $870 if both parties file paperwork. California's 2026 Joint Petition law (SB 1427) allows couples to file together for a single $435 fee.

Texas filing fees range from $250 to $350 depending on county. Texas Family Code § 6.301 establishes jurisdiction requirements but leaves fee amounts to county commissioners. Harris County (Houston) charges approximately $293 for cases without children and $315 for cases involving minor children. Dallas County charges similar amounts. An additional $10–$50 may apply for additional defendants or counterclaims.

New York requires a minimum of $335 in court fees for uncontested divorce: $210 for the Index Number fee and $125 for the Note of Issue fee under CPLR fee schedules. Contested divorces requiring judicial intervention incur additional fees. Recent legislation (CPLR 515, effective February 19, 2025) changed venue rules but did not affect fee structures.

Florida filing fees average $408 statewide, though Florida Statute § 28.241 sets the base fee at $295, with additional county surcharges bringing totals to $397–$409 depending on location. Miami-Dade and Palm Beach counties charge $409, while smaller counties may charge closer to the statutory minimum. An additional $10 summons fee applies in most counties.

Budget-Friendly States: Mississippi charges approximately $75, Wyoming charges $70, North Dakota charges $80, and South Dakota charges $95—making these among the most affordable states for divorce filing.

Additional Court Costs Beyond Filing Fees

The initial filing fee is just the beginning of divorce-related court expenses:

• Service of process: $50–$200 for personal service by a process server or sheriff's deputy. Some states allow service by certified mail ($15–$25) for uncontested cases.
• Motion filing fees: $20–$75 per motion for temporary orders (temporary custody arrangements, temporary support, restraining orders).
• Certified copies: $5–$25 per certified copy of the divorce decree, often needed for name changes, property transfers, and benefit updates.
• Guardian ad litem fees: $1,000–$5,000 if the court appoints a guardian to represent children's interests in contested parenting cases.
• Mediation fees: $100–$400 per hour (often split between parties) in states requiring mediation before trial.

Fee Waiver Programs in the United States

Every US state provides a mechanism for indigent individuals to request waiver of court filing fees, typically called an "Application to Proceed In Forma Pauperis" (IFP). Eligibility generally requires:

• Income threshold: Household income at or below 125% of the federal poverty level ($19,450 for a single person in 2025, per HHS poverty guidelines).
• Government benefits: Receipt of TANF (Temporary Assistance for Needy Families), SNAP (food stamps), SSI, Medicaid, or public housing assistance typically qualifies automatically.
• Financial hardship: Even if above income thresholds, demonstrable inability to pay basic necessities while covering court costs.

California grants fee waivers to recipients of Medi-Cal, CalFresh, SSI, or those with income below 125% of poverty. Approved applicants receive waiver of the $435 filing fee plus service of process costs. California requires filers to notify the court within five days if financial circumstances improve during the case.

Texas uses an "Affidavit of Inability to Afford Payment of Court Costs" under Texas Rule of Civil Procedure 145. The affidavit requires detailed income, expense, and asset disclosures. If denied, applicants have 10 days to request a hearing before a judge.

Florida determines indigency status through the Clerk of Court using the "Application for Determination of Civil Indigent Status." Qualifying individuals pay a $25 administrative fee (not waivable) but have all other filing fees waived per Florida Statute § 57.081.

New York processes fee waiver requests through the "Application to Proceed as a Poor Person" (Form CIV-GP-17), evaluating gross income, necessary expenses, and available assets.

When Filing Fees Must Be Paid

Filing fees are due at the time of submission—courts will not accept a divorce petition without payment or an approved fee waiver. The petitioner (filing spouse) pays first; the respondent pays when filing an Answer or Response. If one spouse cannot be located or refuses to participate, only the petitioner's fee applies, though service costs for alternative service (publication, posting) may increase.

Filing Fees for Special Circumstances

Some states charge higher fees for divorces involving minor children:

• Texas: Adds $15–$25 for cases with children due to parenting plan review requirements.
• Ohio: Charges $25 additional for completion of parenting coordination programs.
• Washington: Charges $30 extra for mandatory parenting seminar fees.

Military divorces filed under the Servicemembers Civil Relief Act (SCRA) use standard state filing fees but may involve federal court filings with separate fee schedules if jurisdictional disputes arise.

How Much Does It Cost to File for Divorce in Canada?

Divorce filing fees in Canada combine federal and provincial costs, with total fees ranging from CAD $118 (Quebec joint application) to CAD $704 (Ontario). Every Canadian divorce application requires payment of a CAD $10 federal fee to the Central Registry of Divorce Proceedings under SOR/86-547, plus provincial court fees that vary by jurisdiction. The Divorce Act (R.S.C., 1985, c. 3) establishes federal jurisdiction over divorce itself, while provinces control court administration and fee schedules.

Provincial Filing Fee Breakdown

Ontario charges the highest combined divorce fees at CAD $694: $224 for the Application filing, $445 when setting the matter down for divorce (ready for judicial review), and $25 for the Certificate of Divorce issued 31 days after judgment. The $10 federal Central Registry fee brings the total to CAD $704. These fees are set under Ontario Regulation 417/95 (Superior Court of Justice) and are indexed periodically.

British Columbia charges CAD $290–$330 for divorce filings in Supreme Court under the Supreme Court Family Rules (B.C. Reg. 169/2009), plus the $10 federal fee. Joint divorce applications using BC's Online Divorce Assistant may reduce fees. Provincial Court family matters (not including divorce, which must be in Supreme Court) have no filing fees.

Alberta charges CAD $260 to file a Statement of Claim for Divorce in the Court of King's Bench (formerly Court of Queen's Bench), plus the mandatory $10 federal fee, totaling CAD $270. Matters combining divorce with division of family property may cost up to $300. Fee schedules are established under the Alberta Rules of Court.

Quebec operates under the Civil Code of Québec and charges filing fees through the Superior Court. A contentious (contested) divorce application costs CAD $325, while a joint (uncontested) application costs CAD $108, set by the Tariff of Court Costs (CQLR c T-16, r 9). With the $10 federal fee, a joint Quebec divorce costs only CAD $118—the lowest in Canada. Quebec also offers the JuridiQC online tool for self-represented joint divorce filings.

Understanding the Federal Central Registry Fee

The CAD $10 Central Registry of Divorce Proceedings fee (SOR/86-547) is mandatory for all Canadian divorce applications. This fee funds the national database that prevents duplicate divorce proceedings across provinces. The registry, administered by the Department of Justice, tracks all active divorce applications to ensure neither spouse has already filed elsewhere in Canada. This fee cannot be waived except when the applicant receives provincial legal aid that waives provincial filing fees.

Additional Costs in Canadian Divorce Proceedings

• Process server fees: CAD $85–$170 per attempt in Ontario; varies by province. Not required for Joint Applications where both spouses sign.
• Translation fees: CAD $59–$120+ if marriage certificate is in a language other than English or French (Canada's official languages).
• Affidavit commissioning: CAD $10–$40 per document for notarization or commissioning by a Commissioner of Oaths.
• Divorce Certificate copies: CAD $24–$35 each, obtainable 31 days post-judgment.
• Dispute Resolution Officer conferences: No fee in most provinces, but time costs for attendance.

Fee Waiver Programs Across Canadian Provinces

Ontario offers fee waivers under the Rules of Civil Procedure for individuals who cannot afford court costs. Eligibility criteria include:

• Primary household income from Ontario Works, ODSP (Ontario Disability Support Program), OAS with GIS (Old Age Security with Guaranteed Income Supplement), War Veterans Allowance, or CPP benefits.
• Gross annual household income below provincial thresholds (varies by household size).
• Household liquid assets under CAD $2,800 (excluding locked-in RRSPs).
• Household net worth under CAD $11,100.

Importantly, the $10 federal Central Registry fee cannot be waived by provincial fee waiver—only provincial legal aid can provide this exemption.

British Columbia allows fee waivers under Rule 20-5 of the Supreme Court Family Rules. Since the Supreme Court of Canada's 2014 Trial Lawyers Association decision, applicants need not prove "indigency" but rather that paying fees would cause "undue hardship." Recipients of income assistance or disability benefits automatically qualify. Provincial Court family proceedings (excluding divorce) have no fees to waive.

Quebec provides legal aid through the Commission des services juridiques. A single person earning CAD $29,302 or less annually qualifies for free legal aid covering all court fees and attorney costs. "Contributory" legal aid (requiring payments of CAD $100–$800) extends to higher incomes. Social assistance recipients automatically qualify.

Alberta processes fee waivers through the "Application for Fee Waiver and Statement of Finances" submitted to the Court of King's Bench. Legal Aid Alberta covers contested family matters for individuals earning approximately CAD $30,000 or less in gross annual income.

2021 Divorce Act Amendments: Impact on Costs

The 2021 amendments to the Divorce Act (Bill C-78) introduced new terminology and requirements that may affect divorce costs:

• Parenting arrangements (replacing "custody/access") require detailed Parenting Plans, potentially increasing legal drafting costs.
• Decision-making responsibility allocations require more specific documentation.
• Family dispute resolution processes (mediation, arbitration) are now explicitly encouraged, adding potential costs of CAD $150–$400 per hour but potentially reducing litigation expenses.
• Family violence screening requirements may necessitate additional documentation or expert involvement.

These changes do not directly affect filing fees but may impact total divorce costs through increased documentation and dispute resolution requirements.