The short answer
A default divorce in Florida usually costs about $450 to $480 in court costs if you handle it yourself, as of October 2026: a $397.50 filing fee, a $40 sheriff service fee, and small clerk charges. Hiring a lawyer or serving your spouse by newspaper notice adds to that.
How much is a default divorce in Florida?
$450 to $480 is a typical total in court costs for a default divorce you file yourself in Florida, as of October 2026. A default divorce is one where your spouse is served but never answers, so the case moves ahead without them. The costs are the $397.50 filing fee, a $40 sheriff fee to serve your spouse, and small clerk charges.
The good news is that a default does not cost more than an agreed divorce. You pay the same fees to start the case. Your spouse's silence just lets you ask the court to finish it sooner.
- Filing fee: $397.50 to file the petition, per the Osceola County Clerk of Court (as of October 2026). The base fee is set by § 28.241, Florida Statutes, and other state add-ons bring it to that total.
- Service by sheriff: $40 for each summons served, under § 30.231, Florida Statutes.
- Form packets: $20 without children or $30 with children if you buy them from the Osceola County clerk. The forms are also free online.
- Final judgment: $10.50 for Vital Statistics when the judge signs the divorce, per the Osceola County clerk.
Fees can differ a little from county to county. Check with the clerk of court in the county where you file.
What can make a default divorce cost more?
The biggest extra costs are a lawyer and hard-to-find spouses. Here is what changes the price.
- Your spouse can't be found: You may need constructive service, which means notice published in a local newspaper. The newspaper charges its own fee, and you must show the court you searched for your spouse first.
- You hire a lawyer: Lawyer fees are added on top of court costs. Many lawyers charge a flat fee for simple default cases, but prices vary.
- Children or property: You still have to file financial affidavits, parenting plans and child support papers. More paperwork can mean more time with a lawyer or a paid document preparer.
- You can't afford the fees: You can ask the clerk for civil indigent status. Under § 57.082, Florida Statutes, you may qualify if your household income is at or below 200% of the federal poverty guidelines.
Deadline: Your spouse has 20 days after being served to respond. Only after that can you file a Motion for Default, Florida Supreme Court Approved Family Law Form 12.922(a), with the clerk.
Once the clerk enters the default, you ask the court for a final hearing. The judge can then grant the divorce based on your petition. To see the whole process, start with our divorce and separation guide.
| Cost item | Amount | Source |
|---|---|---|
| Petition filing fee | $397.50 | Osceola County Clerk of Court |
| Sheriff service of summons | $40 per summons | § 30.231, Florida Statutes |
| Vital Statistics fee at final judgment | $10.50 | Osceola County Clerk of Court |
| Clerk form packet (optional) | $20 to $30 | Osceola County Clerk of Court |
Frequently asked questions
What is the filing fee for divorce in Florida?
$397.50 is the usual filing fee for a divorce petition in Florida, as of October 2026, per county clerks such as Osceola County. The base fee comes from § 28.241, Florida Statutes, plus state add-on fees. Some clerks also charge $10.50 for Vital Statistics when the final judgment is entered. Check your county clerk for the exact amount.
Do I need a lawyer for divorce in Florida?
No. Florida lets you file for divorce on your own using Florida Supreme Court approved family law forms. Many people handle a default divorce without a lawyer. Still, a lawyer can help if you have children, a home, retirement accounts or a spouse you can't find, because mistakes in those papers are harder to fix later.
What Is the Cheapest Way to Get a Divorce in Florida?
Filing yourself is the cheapest way. You pay about $397.50 to file, plus service costs, as of October 2026. If you both agree and have no minor children, a simplified dissolution of marriage costs the same filing fee and skips formal service. If you can't afford fees, ask the clerk about civil indigent status under § 57.082, Florida Statutes.
What additional costs should I expect in a Florida divorce?
Expect a $40 sheriff fee to serve your spouse, under § 30.231, Florida Statutes, and possibly $10.50 for Vital Statistics at final judgment. Newspaper notice costs extra if your spouse can't be found. Lawyer fees, mediation, parenting classes and copies of court papers can also add to the total, depending on your case.
How Quickly Can I Get a Divorce in Florida?
Usually a few weeks to a few months for a default. Your spouse gets 20 days after service to respond. After that, you can file a Motion for Default and ask for a final hearing. How fast you get a hearing date depends on your county's court calendar and whether your paperwork is complete.
Sources
- Dissolution of Marriage, Osceola County Clerk of Court
- Section 28.241, Florida Statutes: Filing fees for trial and appellate proceedings, The Florida Senate
- Section 30.231, Florida Statutes: Sheriffs' fees for service of summons, The Florida Senate
- Section 57.082, Florida Statutes: Determination of civil indigent status, The Florida Senate
- Motion for Default and Default, Form 12.922(a) and (b), Pasco County Clerk & Comptroller