How Much Does a Divorce Cost in California? Filing Fees, Fee Waivers and Real Cost Drivers

Last reviewed: October 17, 2026. This article is general information, not legal advice. California court fees are set statewide but change periodically, and a few counties add surcharges, so check your superior court's fee schedule before you file.

If you're asking how much a divorce costs in California, you're probably trying to plan around a budget that's already stretched. The good news is that California's court fees are set statewide and are easy to look up, and there's a fee waiver for people who can't afford them. The bigger and less predictable cost is professional help, and that depends mostly on how much you and your spouse can agree on. For other states, see our guides to Texas, New York and Virginia.

Short answer: The filing fee for a petition for dissolution of marriage in California is $435, and your spouse pays $435 to file a response, under the statewide schedule effective January 1, 2026. A joint petition costs $870. Serving the papers can be free if a friend does it, or about $50 if the sheriff serves the summons. If you get public benefits or have low income, you can ask for a fee waiver with form FW-001. Everything beyond that, especially lawyer fees, depends on whether your divorce is contested.

California divorce filing fees

Unlike many states, California sets its civil filing fees statewide. Government Code 70670(b) sets a uniform base fee for the first paper in a dissolution, legal separation or nullity case, and other statutes add to it. The Judicial Council publishes the resulting totals in the Statewide Civil Fee Schedule. The January 1, 2026 schedule lists:

The schedule notes that fees marked with an asterisk, including the dissolution fees, "will vary in the counties of Riverside, San Bernardino, and San Francisco because of a local surcharge for courthouse construction." If you're filing in one of those counties, check the schedule's appendix or ask the clerk.

County example: Santa Clara County Superior Court's local fees page points filers to the same statewide schedule ("The current fee schedule effective January 1, 2026 is linked here") and lists a local $50 returned-check fee. That's typical: in most counties, the statewide amount is what you'll pay.

Later costs can include the fee for any contested motion ($60 each), copies and certified copies, and, if the court orders one, a child custody evaluation or appointed counsel for a child, whose amounts the court sets.

Fee waivers: forms FW-001 and FW-003

If you can't afford court fees, ask for a waiver using form FW-001 (Request to Waive Court Fees). If the court grants it, it issues form FW-003 (Order on Court Fee Waiver).

Government Code 68632 says permission to proceed without paying "shall be granted initially" to three groups:

1. People receiving public benefits, including SSI/SSP, CalWORKs, CalFresh/SNAP, county General Relief, IHSS, Medi-Cal, WIC and unemployment compensation.
2. People with low income. Since January 1, 2026, the test is monthly income at or below 200 percent of the federal poverty guidelines (it used to be 125%). The current FW-001 form lists gross monthly household income limits, starting at $2,660 for one person and $5,500 for a family of four.
3. People the court finds can't pay without using money needed for the common necessaries of life. The court can grant a partial waiver in this situation.

The California Courts self-help site explains that a waiver can cover filing fees, response fees and the sheriff's fee to serve papers, but "A fee waiver doesn't cover lawyer fees, private mediation, or fines or penalties ordered by the court." If your finances improve, you must tell the court, and the court can order you to repay waived fees in some situations.

Serving the divorce papers

After filing, your spouse must be served with the summons and petition. According to the self-help site, "Your server must: Be 18 or older, and Not be part of your case", and "You can't serve the papers yourself."

Your options:

• A friend or family member: free.
• A professional process server: a private fee.
• The sheriff (in some areas): Government Code 26721.2(a), as amended by SB 564 (2023), sets the sheriff's fee for serving a summons and complaint in a superior court action at "fifty dollars ($50)." The self-help site notes that "The sheriff charges to serve papers unless you have a fee waiver."
• By mail with acknowledgment: your spouse signs form FL-117 (Notice and Acknowledgment of Receipt).

Once served, your spouse has 30 days to respond.

What drives the rest of the cost

Uncontested vs contested

The six-month waiting period in Family Code 2339 applies to everyone, so even a fully agreed divorce takes at least six months from service to become final. What changes is how much work fills that time.

In an uncontested case, the main costs are the filing fee(s), service, preparing financial disclosures (which California requires of both spouses) and drafting a written settlement agreement and judgment. Many people do this with help from their court's self-help center.

A contested case adds lawyer time for motions, hearings on temporary support or custody, discovery, expert valuations of homes, businesses or pensions, and possibly trial. California's community property rules make careful valuation especially important when there are significant assets. See our guide on whether it's worth contesting a divorce for the trade-offs.

Children and mediation

If custody or visitation is disputed, Family Code 3170(a) says "the court shall set the contested issues for mediation." This court-connected mediation through Family Court Services is generally provided by the court; Calaveras County's court, for example, says "Mediation is provided free of charge to the parties." Private mediation of property or support disputes is a separate, paid service, usually split between the spouses.

Lawyer fees: hourly, flat fee or limited scope

There's no official California average for divorce lawyer fees, so we won't quote one. What you'll usually see:

• Hourly billing with a retainer, the norm for contested cases. You deposit money upfront and the lawyer bills time against it.
• Flat fees for defined tasks, such as preparing an uncontested judgment package. Get the scope in writing.
• Limited-scope representation, where a lawyer handles one part (a hearing, reviewing an agreement) and you handle the rest.

The cost depends on the lawyer's experience and region, the complexity of your property, whether there's a business or pensions to divide, custody disputes and how cooperative each side is. California law also lets the judge order the spouse with more access to money to contribute to the other's legal fees; our article on who pays for a divorce explains Family Code 2030.

Practical ways to keep a California divorce affordable

• Use your court's self-help center for forms and instructions.
• Consider a joint petition if you agree on everything; it covers both spouses' first appearance fees.
• Ask a friend to serve the papers, or use the FL-117 mail option.
• Apply for a fee waiver if you qualify.
• Settle what you can and use court mediation for parenting issues.
• Organize your financial disclosures early to save on billable hours.

Other states

See how much a divorce costs in Texas, Florida, New York, Georgia and Virginia.

Sources

• Judicial Council of California, Statewide Civil Fee Schedule (effective January 1, 2026): courts.ca.gov
• Cal. Gov. Code § 70670, family law filing fees: California Legislative Information
• Cal. Gov. Code § 68632, fee waiver eligibility: California Legislative Information
• Cal. Fam. Code § 2339, waiting period: California Legislative Information
• Cal. Fam. Code § 2320, residency: California Legislative Information
• Cal. Fam. Code § 3170, custody mediation: California Legislative Information
• SB 564 (2023), sheriff service fees: California Legislative Information
• Form FW-001, Request to Waive Court Fees: courts.ca.gov
• Form FW-003, Order on Court Fee Waiver: courts.ca.gov
• California Courts Self-Help, fee waivers: selfhelp.courts.ca.gov
• California Courts Self-Help, serving divorce papers: selfhelp.courts.ca.gov
• Santa Clara County Superior Court, local court fees: santaclara.courts.ca.gov
• Calaveras Superior Court, child custody mediation: calaveras.courts.ca.gov