The divorce filing fee in Florida is $397.50, paid to the clerk of the circuit court when you submit your petition.1Florida Court Clerks & Comptrollers. How Do I File for a Divorce? That number is uniform across all 67 counties, but it is not the whole bill. Once you add the summons, service on your spouse, and the other steps Florida requires before a judge will sign a final judgment, most filers spend several hundred dollars more. If paying is genuinely out of reach, Florida law lets you ask the clerk to waive the fees entirely.
What the $397.50 Actually Pays For
The filing fee is built from a stack of statutory charges rather than a single price. Florida Statute 28.241 authorizes a base fee of up to $295 for any civil action filed under the dissolution of marriage chapter, plus a $4 court education surcharge and other smaller add-ons that bring the total to $397.50.2Online Sunshine. Florida Statutes 28.241 – Filing Fees for Trial and Appellate Proceedings Clerks are prohibited from adding charges the legislature has not authorized, so the amount does not change from county to county.
What the fee does not cover is getting your spouse formally notified. The clerk charges $10 to issue a summons, the document that tells your spouse the case exists.2Online Sunshine. Florida Statutes 28.241 – Filing Fees for Trial and Appellate Proceedings That summons then has to be physically delivered through service of process, handled either by the sheriff’s office or a private process server. Standard local service usually runs $40 to $75. Serving a spouse who is hard to locate, or who lives outside the county, costs more.
How to Pay the Filing Fee
Florida requires electronic filing for most divorce petitions. You upload your completed forms as PDFs through the Florida Courts E-Filing Portal, which walks you through confirmation screens before charging you.3Florida Courts Help. Filing Your Forms The portal takes credit cards and electronic checks. Credit card payments carry a 3.5% convenience fee, which adds roughly $14 to a $397.50 filing.4Florida Courts E-Filing Authority. FAQs Paying by electronic check skips that surcharge.
If you need to file in person, go to the clerk of court’s office in the county where you or your spouse lives. Clerks accept cash, money orders, and certified checks. Once processing is complete, the clerk assigns a case number and gives you a time-stamped copy of the filed documents as proof the case is open.
Which Petition Form Applies to You
Before you pay anything, at least one spouse must have lived in Florida for at least six months.5The Florida Legislature. Florida Code 61.021 – Residence Requirements A Florida driver’s license or voter registration usually proves this. The petition must also state that the marriage is “irretrievably broken,” which is the only no-fault ground Florida recognizes.6Online Sunshine. Florida Code 61.052 – Dissolution of Marriage
Which form you file depends on your circumstances. A simplified dissolution (Form 12.901(a)) is only available when every one of the following is true: both spouses agree the marriage is over, you have no minor children together, neither spouse is seeking alimony, you have already divided your assets and debts, and both of you are willing to attend the final hearing together.7Florida Courts. Instructions for Florida Supreme Court Approved Family Law Form 12.901(a), Petition for Simplified Dissolution of Marriage Miss any one of those and you need the regular petition. Filers with minor or dependent children (or a pregnant spouse) use Form 12.901(b)(1).8Florida Courts. Instructions for Florida Supreme Court Approved Family Law Form 12.901(b)(1), Petition for Dissolution of Marriage with Dependent or Minor Children Everyone else without minor children uses Form 12.901(b)(2). Every petition also needs a Family Court Cover Sheet (Form 12.928). The forms are free to download from the Florida Courts website.
Other Costs You Should Expect
The filing fee is the first payment, not the last. Three other steps carry real costs, and skipping them can stall or unravel your case.
Financial Affidavit
Both spouses must exchange sworn financial affidavits within 45 days of the respondent being served. If your individual gross income is $50,000 or more per year, you file the long form (Form 12.902(c)), which lays out income, monthly expenses, assets, debts, and contingent liabilities in detail.9Florida Courts. Family Law Financial Affidavit (Long Form) 12.902(c) Below that threshold, you use the short form (12.902(b)). Couples using simplified dissolution can waive the affidavit if both agree; everyone else has to file it. Skipping it or misstating figures can lead to sanctions or a later judgment being set aside.
Parenting Course
If you have minor children, both parents must complete a state-approved Parent Education and Family Stabilization Course before the court will enter a final judgment. The course runs a minimum of four hours and covers the impact of divorce on children.10Online Sunshine. Florida Statutes 61.21 – Parenting Course The petitioner must finish within 45 days of filing; the respondent within 45 days of being served. Online versions typically cost $20 to $50. You file the certificate of completion with the court.
Mediation
If you and your spouse cannot agree on property division, custody, or support, the court will almost certainly order mediation before scheduling a trial. Court-connected programs charge on a sliding scale tied to combined household income.11Florida Courts. Mediation Private mediators run $150 to $350 per hour. It is not a small line item, but most contested divorces settle in mediation, and that is almost always cheaper than trial.
Getting the Fees Waived
If you cannot afford $397.50, you can apply to have the fee waived by submitting an Application for Determination of Civil Indigent Status to the clerk.12Florida Courts. Application for Determination of Civil Indigent Status The clerk evaluates the application under Florida Statute 57.082.13Online Sunshine. Florida Statutes 57.082 – Determination of Civil Indigent Status
You qualify if your household income is at or below 200 percent of the federal poverty guidelines. For 2025, that is roughly $31,300 per year for a single-person household and about $64,300 for a family of four.14HHS ASPE. 2025 Poverty Guidelines Even if your income qualifies, the clerk will presume you are not indigent if you own assets (excluding your home and one vehicle worth under $5,000) with a net equity value of $2,500 or more.13Online Sunshine. Florida Statutes 57.082 – Determination of Civil Indigent Status
If the clerk denies your application, you can ask a judge to review the decision at no charge. The judge applies the same income and asset criteria but also weighs whether paying court costs would create substantial hardship for your family.13Online Sunshine. Florida Statutes 57.082 – Determination of Civil Indigent Status When approved, the waiver covers the filing fee, the summons charge, and sheriff service costs.15The Florida Legislature. Florida Code 57.081 – Costs; Right to Proceed Where Prepayment of Costs and Payment of Filing Fees Waived That is the difference between $397.50 plus service and $0 to open a case.