Divorce and Separation

What Is Included in a Flat-Fee Divorce?

A flat-fee divorce usually covers the lawyer's work on an uncontested case: preparing, filing and finalizing the paperwork. Court costs are often billed on top. In Florida, that means a filing fee of about $408 plus $10 per summons. Contested issues, hearings and trials are usually extra.

A folder of divorce paperwork, a pen, a calculator and a fee agreement laid out on a kitchen table in soft morning light.

The short answer

A flat-fee divorce usually covers the lawyer's work on an uncontested case, from drafting and filing the papers to getting the final judgment. Court costs are often billed separately. In Florida, that is a filing fee of about $408 plus $10 per summons, as of October 2026. Contested issues, hearings and trials usually cost extra.

What is included in a flat-fee divorce?

Sometimes everything, but most often only the lawyer's work on an uncontested case. A flat fee for divorce usually covers the lawyer's time to prepare, file and finalize the paperwork. Court costs are often billed separately. In Florida those include a filing fee of about $408 plus $10 for a summons. Contested issues and trials are usually extra.

You can keep this cost under control if you know what to ask before you sign. An uncontested divorce is one where you and your spouse agree on every issue. Those issues include property, debts, support and parenting time. A summons is the court paper that formally notifies your spouse of the case.

  • Florida filing fee: $408 for a dissolution of marriage, including a simplified one (Polk County Clerk, as of October 2026)
  • Summons: $10 per summons (Polk County Clerk, as of October 2026)
  • Local differences: Broward County charges $409 to file, as of October 2026, so check with your county clerk
  • Legal source: § 28.241, Florida Statutes (2026), which sets the base filing fees that clerks add to
What a flat-fee divorce usually covers and what is often extra (as of October 2026)
ItemUsually in the flat fee?What to check
Lawyer's work on an uncontested case: drafting the petition, settlement agreement and financial formsYesAsk how many drafts and meetings are included.
Court filing fee and summonsOften noFlorida court costs run about $408 to $409, plus $10 per summons. Lawyers must pass these on at the actual amount paid.
Serving papers on your spouseSometimesAsk whether sheriff or process server fees are included.
Mediation, parenting course, appraisalsUsually noParents must take the parenting course, and the course provider charges its own fee.
Contested hearings, discovery and trialUsually noAsk whether the lawyer switches to an hourly rate if your spouse stops agreeing.

What does a flat-fee divorce price depend on?

The price depends mostly on how much you and your spouse already agree on. The more you agree on, the more likely a flat fee covers the whole case.

  • Agreement: A flat fee fits a case where both spouses agree. Disputes usually move the case to hourly billing.
  • Children: Cases with minor children need a parenting plan and child support forms. Under § 61.21(4)(a), Florida Statutes, both parents must also finish the Parent Education and Family Stabilization Course before the final judgment. The course provider may charge each parent "a reasonable fee" under § 61.21(7).
  • Property and debts: A house, retirement accounts or a business add paperwork and may need appraisals.
  • Court costs: Some firms fold the filing fee into the flat price. Others bill it on top.

Warning: A flat fee that is nonrefundable must be confirmed in writing, under Rule 4-1.5(e) of the Rules Regulating The Florida Bar. If your lawyer has not put that in writing, ask before you pay.

What should a flat-fee divorce agreement say?

The agreement should list exactly what the fee covers and what costs extra. Florida's rule for lawyers says the basis of the fee and costs must be explained to a new client, "preferably in writing."

Before you sign, ask the lawyer to spell out these points:

  1. List every task and document the flat fee covers.
  2. Name which court costs and service fees are extra.
  3. Explain what happens if your case becomes contested.
  4. State whether any part of the fee is refundable if you settle early or change lawyers.

The Florida Bar also bans fees that depend on getting the divorce or on the amount of alimony, support or property you receive (Rule 4-1.5(f)(3)(A)). A lawyer's flat fee must be set for the work done, not for the result.

If your spouse is not cooperating, or you share children, a house or a retirement account, talk with a family lawyer before you choose a package. You can learn more about each step in our divorce and separation guides.

Frequently asked questions

What is the filing fee for divorce in Florida?

$408 in many counties, plus $10 for each summons, as of October 2026. Polk County lists $408 for a dissolution of marriage, including a simplified one. Broward County lists $409. The base fee comes from § 28.241, Florida Statutes, and some counties add small local charges. Check your county clerk's fee schedule before you file.

What additional costs should I expect in a Florida divorce?

Several, depending on your case. Expect the court filing fee and summons fee, plus the cost of serving papers on your spouse. Parents with minor children must take the Parent Education and Family Stabilization Course, which may charge a fee. Mediation, appraisals and expert witnesses are other common extras, and a flat fee often leaves them out.

How much does an uncontested divorce cost in Florida?

At least about $418 in court costs, as of October 2026: a $408 filing fee plus a $10 summons in counties like Polk. If you hire a lawyer, add their flat or hourly fee. Lawyer fees vary by firm and by case, so ask for a written quote that lists every cost included.

Do I need a lawyer for divorce in Florida?

No, the law does not require one. Florida clerks sell self-help divorce packets, and couples who agree on everything can file on their own. A lawyer is worth considering if you have children, real estate, retirement accounts or a spouse who will not cooperate. Mistakes on those issues can be hard to fix later.

Do parents have to take a parenting class?

Yes. Under § 61.21(4)(a), Florida Statutes, all parties to a divorce with minor children must complete the Parent Education and Family Stabilization Course before the court enters a final judgment. The course provider may charge each parent a reasonable fee. Each judicial circuit must offer a sliding-scale option where one is available.

Sources

  1. Section 28.241, Florida Statutes (2026): Filing fees for trial and appellate proceedings, The Florida Legislature
  2. Fee Schedule, Polk County Clerk of Courts
  3. Fees and Costs, Broward County Clerk of Courts
  4. Section 61.21, Florida Statutes (2026): Parenting course authorized, The Florida Legislature
  5. Rule 4-1.5: Fees and Costs for Legal Services, Rules Regulating The Florida Bar, Ruledex (text of the Rules Regulating The Florida Bar)