The short answer
The filing fee for a divorce (dissolution of marriage) in Florida is $397.50 at most county clerk offices as of October 2026, with about $10.50 more due at final judgment. Serving your spouse adds $10 per summons and $40 for sheriff service.
What is the filing fee for divorce in Florida?
$397.50 is the fee most Florida county clerks charge to file a petition for dissolution of marriage, the legal name for divorce, as of October 2026. Some clerks, like Hardee County, list $408 because they add a $10.50 fee for recording the final judgment. Serving your spouse costs extra.
This is a one-time cost, and you pay it to the clerk of the circuit court when you file. The amount comes from § 28.241, Florida Statutes. It sets a family case filing fee of up to $295, plus an added $4, and other fees set by law make up the rest.
- Filing fee: $397.50 (Osceola County and Hardee County clerks, as of October 2026)
- Final judgment fee: $10.50, collected when the judge signs the final judgment
- Summons: $10 per summons, the court paper that tells your spouse about the case
- Sheriff service: $40 per person served
Tip: Fees can change. Check your county clerk's fee schedule before you file, and ask which payment types the clerk accepts.
What does the total cost depend on?
Your total court cost depends mostly on how your spouse gets notice and whether you both agree. The filing fee is the same for contested and uncontested cases.
- Service: If your spouse signs and files an answer, you may skip the $10 summons and $40 sheriff fee. If not, you pay to have them served.
- Forms: Some clerks sell form packets. Osceola County charges $8 to $30, as of October 2026. The forms are also free online from the Florida courts.
- Lawyer fees: These are separate from court fees. They are usually the biggest cost, especially in a contested divorce, where you and your spouse disagree.
- Indigent status: If your income is at or below 200% of the federal poverty guidelines, you can ask the clerk to find you indigent, which means unable to pay, under § 57.082, Florida Statutes. If approved, you may not have to pay the fees up front.
- Reopening a case later: A party who reopens a case, such as to change an order, pays up to $50 under § 28.241. Osceola County charges $50 to file a modification.
Warning: Clerks generally do not refund filing fees. Make sure you meet Florida's six-month residency rule before you pay.
| Path | Court costs | Notes |
|---|---|---|
| Spouse signs and files an answer | $397.50 plus $10.50 at judgment | No summons or sheriff fee needed |
| Spouse must be served by sheriff | About $458 total | Adds $10 summons and $40 sheriff service |
| Approved as indigent | Fees may be deferred | Apply to the clerk under § 57.082 |
Frequently asked questions
What additional costs should I expect in a Florida divorce?
Expect $10.50 at final judgment, $10 per summons and $40 for sheriff service if your spouse must be served, as of October 2026. Form packets cost $8 to $30 at some clerks. Lawyer fees, mediation and appraisals cost more and vary a lot, especially when spouses disagree about property, support or children.
How Much Is a Default Divorce in Florida?
$397.50 is the filing fee, the same as any divorce, plus about $50 to serve your spouse by sheriff. A default divorce happens when your spouse is served but does not respond. Because service is required, a default usually costs about $458 in court fees, as of October 2026, before any lawyer fees.
What Is the Cheapest Way to Get a Divorce in Florida?
An uncontested divorce where you use the free court forms is usually cheapest. You still pay the $397.50 filing fee. If your spouse signs and files an answer, you avoid service costs. If you cannot afford the fee, ask the clerk to declare you indigent under § 57.082, Florida Statutes.
What are the residency requirements to file for divorce in Florida?
Six months. Under § 61.021, Florida Statutes, one spouse must have lived in Florida for at least six months before the petition is filed. Only one spouse needs to meet this rule. You can prove it with a Florida driver license, ID card, voter registration or a witness who knows you lived here.
How Quickly Can I Get a Divorce in Florida?
20 days is the shortest wait. Under § 61.19, Florida Statutes, a judge cannot enter a final judgment until at least 20 days after the petition is filed, unless waiting would cause injustice. Uncontested cases often finish in a few weeks to months. Contested cases usually take much longer.
Sources
- Florida Statutes § 28.241, Filing fees for trial and appellate proceedings, The Florida Senate
- Dissolution of Marriage, Osceola County Clerk of Court and Comptroller
- Fee Schedule, Hardee County Clerk of Courts
- Florida Statutes § 57.082, Determination of civil indigent status, The Florida Senate
- Florida Statutes § 61.021, Residence requirements, The Florida Senate
- Florida Statutes § 61.19, Entry of judgment of dissolution of marriage; delay period, The Florida Senate