The short answer
Divorce lawyers usually bill by the hour, and conflict, required financial disclosure and court hearings all add hours. In Florida, Bar rules also ban fees based on getting the divorce or on how much alimony or property you win, so you pay for time, not a share of the outcome.
Why do divorce lawyers charge so much?
Three things drive most of the bill: hours, conflict and paperwork. Divorce lawyers usually bill by the hour, and every email, form and hearing adds time. Florida also bars contingency fees in divorce, so the cost can't come out of a settlement. The more you and your spouse disagree, the more hours the case takes.
The good news is that much of that cost is in your hands. Here is where the money goes.
Florida bans contingency fees in divorce
A contingency fee is a fee paid as a share of what you win, like a personal injury lawyer's percentage. Rule 4-1.5(f)(3) of the Rules Regulating The Florida Bar (as of October 2026) forbids any divorce fee that depends on getting the divorce or on the amount of alimony, support or property you receive. So lawyers charge for their time, often with an upfront deposit called a retainer.
Florida requires a lot of paperwork
Rule 12.285 of the Florida Family Law Rules of Procedure requires mandatory disclosure, meaning each spouse must hand over financial records. That includes a financial affidavit and 3 years of tax returns, due within 45 days after the other spouse is served. A lawyer bills time to gather, check and review these papers for both sides.
Conflict multiplies the hours
Every disputed issue, such as a house, a business, alimony or a parenting plan, can mean more letters, depositions, experts and hearings. A case that ends in trial can cost many times more than one settled early.
- Court filing fee: $408 to file a petition for dissolution of marriage, plus $10 per summons, per the Seminole County Clerk of the Circuit Court and Comptroller (as of October 2026). Some counties charge slightly different amounts.
- Lawyer's fee: Set by the lawyer's agreement with you, usually hourly. Florida law caps no specific rate.
- Who pays: Each spouse normally pays their own lawyer, but a judge can order one spouse to help pay the other's fees.
Tip: Ask for a written fee agreement that explains the hourly rate, the retainer and how you will be billed. Then group your questions into one email instead of many.
| Path | What it involves | What drives the cost |
|---|---|---|
| Simplified dissolution | Both spouses agree on everything, have no minor children and both attend one final hearing | Filing fee; often little or no lawyer time |
| Uncontested divorce | Spouses agree on all issues and sign a settlement | Lawyer time to draft and review the agreement and disclosure |
| Contested divorce | Spouses disagree on property, support or children | Hourly fees for discovery, mediation, hearings and possibly trial |
How can you lower what a divorce lawyer charges?
You can cut the bill most by agreeing on more issues before your lawyer has to fight about them. These steps help.
- Gather your financial papers early, so your lawyer doesn't bill time chasing them.
- List the issues you and your spouse already agree on.
- Ask about limited-scope help, where a lawyer handles only part of your case.
- Settle disputes in mediation, a meeting where a neutral person helps you reach a deal.
- Ask your lawyer whether to request that your spouse pay part of your fees under § 61.16, Florida Statutes.
Under § 61.16, Florida Statutes, a judge may order one spouse to pay the other's reasonable attorney's fees after looking at both spouses' finances. This matters most when one spouse earns much more than the other.
For more on filing, timelines and costs, see our Divorce and Separation guide.
Frequently asked questions
Can I get my spouse to pay my attorney fees in Florida?
Sometimes. Under § 61.16, Florida Statutes, a judge may order one spouse to pay a reasonable amount of the other spouse's attorney's fees and costs. The judge first looks at both spouses' financial resources, so it is most likely when one spouse has far more income or assets than the other.
What is the filing fee for divorce in Florida?
$408 in many counties, plus $10 for each summons, as of October 2026. That is what the Seminole County Clerk lists for a petition for dissolution of marriage. Some counties charge a slightly different amount, so check your county clerk's fee schedule before you file. You may ask to file without paying if you cannot afford the fee.
Do I need a lawyer for divorce in Florida?
No. Florida lets you represent yourself using the Florida Supreme Court's approved family law forms. A lawyer is still worth it if you have children, a house, a business, retirement accounts or a spouse who disagrees, because mistakes in a settlement are hard to undo later.
What Is the Cheapest Way to Get a Divorce in Florida?
A simplified dissolution of marriage is usually cheapest. You file a joint petition, pay the court filing fee and both attend one short final hearing. It only works if you have no minor children, agree on dividing property and debts, and neither of you asks for alimony.
What is a Simplified Dissolution of Marriage?
A simplified dissolution of marriage is Florida's fastest divorce for couples who agree on everything. At least one spouse must have lived in Florida for 6 months. You can have no minor children and no pregnancy, and neither spouse can seek alimony. Both must give up the right to a trial and appeal and attend the final hearing.
Sources
- Rules Regulating The Florida Bar, Chapter 4: Rules of Professional Conduct (Rule 4-1.5), The Florida Bar
- Ethics Opinion 87-3: Contingent fees in dissolution matters, The Florida Bar
- Section 61.16, Florida Statutes: Attorney's fees, suit money, and costs, The Florida Senate
- Dissolution of Marriage (Divorce), Seminole County Clerk of the Circuit Court and Comptroller
- Rule 12.285. Mandatory Disclosure, Florida Family Law Rules of Procedure (FloridaRules.net)
- Simplified Dissolution of Marriage, Fifth Judicial Circuit of Florida