How Much Does a Divorce Cost in Florida? Filing Fees, Indigent Status and What Drives the Total

Last reviewed: October 17, 2026. This article is general information, not legal advice. Florida clerks set their own fees within limits in state law, so confirm the current amount with your county's Clerk of Court before you file.

If you're asking how much a divorce costs in Florida, you want a number you can plan around. The court fees are published by each county's Clerk of Court and land around $400. The rest depends on whether you and your spouse agree, whether you have children, and whether you hire lawyers to resolve disputes. For timing, see our separate guide on how long a divorce takes in Florida, and for other states see our guides to Georgia and Texas.

Short answer: Filing a petition for dissolution of marriage in Florida costs about $400, depending on the county: $409 in Miami-Dade and $397.50 in Sumter County (plus a $10.50 judgment fee) when we checked on October 17, 2026. Sheriff service is $40 per summons under state law. If you have low income, you can apply for civil indigent status to avoid paying up front. An agreed divorce, especially a simplified dissolution, can stay close to these fixed costs; a contested divorce costs far more, mostly in attorney time.

Florida divorce filing fees

Divorce (dissolution of marriage) cases fall under Chapter 61 and are filed with the Clerk of the Circuit Court. Section 28.241 sets the clerk's base filing fee at up to $295 and requires an additional $4. Other statutes add more; for example, Fla. Stat. 44.108(1) levies $1 on all circuit court filings to fund mediation and arbitration services. That's why the amount you actually pay at the counter is close to $400, and why it differs a little from county to county.

Before you can file at all, Fla. Stat. 61.021 requires that "one of the parties to the marriage must reside 6 months in the state before the filing of the petition."

Two official examples, checked October 17, 2026:

Miami-Dade's clerk notes that payment is non-refundable and that personal checks are not accepted. Your own county may charge slightly different amounts, so check its clerk's family court fee page.

Civil indigent status: Florida's version of a fee waiver

Florida doesn't simply waive divorce fees. Instead, Fla. Stat. 57.082 lets you ask the clerk to determine that you're civilly indigent, which relieves you from paying filing fees and costs in advance.

• How to apply: fill out the clerk's Application for Determination of Civil Indigent Status (the statute says the form is developed by the Florida Clerks of Court Operations Corporation).
• Income test: under 57.082(2)(a)1., you're indigent "if the applicant's income is equal to or below 200 percent of the then-current federal poverty guidelines" for your household size.
• Assets: there's a presumption you're not indigent if you own property with a net equity value of $2,500 or more, not counting your homestead and one vehicle worth up to $5,000.
• The catch: under 57.082(6), a person found indigent "shall be enrolled in a payment plan under s. 28.246 and shall be charged a one-time administrative processing charge." So you still owe the fees; you just don't have to pay them up front.

Serving your spouse

In a regular (not simplified) divorce, your spouse generally has to be formally served with the petition and summons. Under Fla. Stat. 30.231(1)(a), the sheriff charges "$40 for each summons or writ to be served." The clerk also charges to issue the summons ($10 each in Sumter County). Private process servers are another option at their own rates.

What drives the rest of the cost

Simplified dissolution vs regular divorce

Florida's cheapest route is a simplified dissolution of marriage under Family Law Rule of Procedure 12.105. Spouses can use it if they certify under oath that they have no minor or dependent children together, the wife has no minor or dependent children born during the marriage and is not pregnant, and "the parties have made a satisfactory division of their property and have agreed as to payment of their joint obligations." Rule 12.105(b) says "The parties shall appear before the court in every case."

Miami-Dade's clerk adds that both spouses must sign a marital settlement agreement and appear together, and that the final hearing is approximately 30 days after filing. (A proposed amendment to Rule 12.105 was published for comment in 2026; check for changes before you file.)

If you have children, or can't agree on everything, you'll file a regular petition. An uncontested regular divorce with a signed settlement agreement still costs relatively little. A contested one adds discovery, financial affidavits and document exchange, depositions, experts, temporary relief hearings and trial. Our article on whether it's worth contesting a divorce can help you decide which disputes are worth paying for.

Children: parenting course and custody disputes

If you have minor children, Fla. Stat. 61.21(4)(a) says all parties "shall complete the Parent Education and Family Stabilization Course before the entry by the court of a final judgment." The course must be at least 4 hours, the petitioner must finish it within 45 days after filing, and "A reasonable fee may be charged to each parent attending the course." Each circuit must offer the course on a sliding fee scale where available. Contested parenting plans add lawyer time and, sometimes, evaluations.

Mediation

Mediation is often the cheapest way to settle disputed issues, and Florida law caps what court mediation programs can charge. Under Fla. Stat. 44.108(2), court-ordered family mediation through a circuit court's mediation program costs:

• $60 per person per scheduled session when the parties' combined income is less than $50,000;
• $120 per person per scheduled session when combined income is greater than $50,000 but less than $100,000.

No mediation fee is charged to a party found indigent. Couples with higher incomes, or who choose a private mediator, pay the mediator's own rate.

Lawyer fees: how they're charged

We haven't found an official, reliable figure for average Florida divorce lawyer fees, so we won't quote one. Common arrangements are:

• Hourly billing with an upfront retainer, used for most contested cases;
• Flat fees for limited, predictable work such as an uncontested divorce with an agreement already in place;
• Limited-scope help, where a lawyer drafts or reviews documents or appears at one hearing.

The main cost factors are how many issues are disputed, whether children are involved, the complexity of assets (businesses, retirement accounts, real estate), and the lawyer's experience and location. Under Fla. Stat. 61.16, a judge can order the spouse with greater financial resources to contribute to the other's attorney's fees; see who pays for a divorce.

Practical ways to keep a Florida divorce affordable

• Use simplified dissolution if you qualify.
• Agree in writing on property, debts and, if relevant, a parenting plan before you file.
• Apply for civil indigent status if your income is low.
• Use court-program mediation, which has capped fees.
• Complete the parenting course early to avoid delays.
• Get a written fee agreement from any lawyer you hire.

Other states

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

Sources

• Fla. Stat. § 28.241, filing fees: Florida Legislature
• Fla. Stat. § 57.082, civil indigent status: Florida Legislature
• Fla. Stat. § 30.231, sheriff's fees: Florida Legislature
• Fla. Stat. § 61.021, residency: Florida Legislature
• Fla. Stat. § 61.19, waiting period: Florida Legislature
• Fla. Stat. § 61.21, parenting course: Florida Legislature
• Fla. Stat. § 44.108, mediation fees: Florida Legislature
• Florida Family Law Rules of Procedure (Rule 12.105), effective October 1, 2026: The Florida Bar
• Proposed amendment to Rule 12.105, notice: The Florida Bar
• Miami-Dade Clerk, simplified divorces and fees: miamidadeclerk.gov
• Sumter County Clerk, family court fees: sumterclerk.com