The Florida divorce filing fee runs about $409 in most counties, covering only the initial petition for dissolution of marriage. The exact amount varies by judicial circuit because counties add small local surcharges on top of the state-mandated charges. If you cannot afford the fee, Florida law lets you apply for a waiver based on financial hardship.
What the $409 Actually Pays For
The figure on the clerk’s fee schedule comes from two separate statutes stacked together. Florida Statute 28.241 sets the base family law filing fee at up to $295, plus a $4 surcharge for court education and clerk auditing programs.1Florida Legislature. Florida Code 28.241 – Filing Fees for Trial and Appellate Proceedings Florida Statute 28.101 adds three charges specific to dissolution petitions: $5 for the Child Welfare Training Trust Fund, $55 for the Domestic Violence Trust Fund, and $37.50 for the county fine and forfeiture fund.2Florida Legislature. Florida Code 28.101 – Petitions and Records of Dissolution of Marriage Additional Charges
Those statutory pieces come to $396.50. Local technology and mediation program surcharges push the final total to somewhere between $397 and $409, which is why clerks across the state quote slightly different numbers. The fee is identical whether you file a simplified dissolution or a regular one, so the choice between those two paths won’t change what you pay at the window. Call your local clerk before you prepare payment, because a filing that’s even a dollar short gets delayed.
Costs That Come After Filing
The $409 only opens the case. Several other charges typically follow, and whether they apply depends on your situation.
Serving Your Spouse
In a regular dissolution, your spouse must receive formal legal notice. The clerk issues a summons for about $10, and the sheriff charges a flat $40 to serve it.3Florida Legislature. Florida Code 30.231 – Sheriffs Fees for Service of Summons Subpoenas and Executions A private process server generally runs $65 to $150, depending on how hard your spouse is to locate and how fast you need delivery. In a simplified dissolution, both spouses file together and appear at the hearing, so no summons or service is needed.
Parenting Course
If you have minor children, both parents must complete a Parent Education and Family Stabilization Course approved by the Department of Children and Families. The course runs at least four hours. The petitioner has 45 days from filing to finish; the respondent has 45 days from being served.4Florida Senate. Florida Code 61.21 – Parenting Course Authorized Fees Required Attendance Authorized Contempt Providers charge roughly $25 to $60 per person, with online versions at the lower end. The statute allows a “reasonable fee” without a hard cap, so prices vary. A judge can hold a parent who skips the course in contempt or deny time-sharing, and no final judgment is entered until both parents file proof of completion.
Mediation
If you and your spouse cannot agree on custody, property, or support, the court will order mediation before setting a trial. Through the court’s own mediation program, fees are set on a sliding scale based on combined household income:5Florida Legislature. Florida Code 44.108 – Funding of Mediation and Arbitration
- Combined income under $50,000: $60 per person per session
- Combined income between $50,000 and $100,000: $120 per person per session
- Combined income over $100,000: the court program typically does not apply, and private mediators charge $200 to $400 per hour
Most sessions run two to four hours, and some cases need more than one.
Final Judgment Recording
Recording the final judgment costs up to $10.50.
Fee Waivers Through Indigent Status
If paying $409 is out of reach, Florida Statute 57.082 allows you to apply for a determination of civil indigent status at the clerk’s office. The application covers your net income (wages minus required deductions), other income like Social Security or unemployment, bank account and property values, and recurring monthly expenses.6Florida Legislature. Florida Code 57.082 – Determination of Civil Indigent Status You submit the information under oath.
If the clerk finds you indigent, you will not have to pay the filing fee, summons issuance charges, service of process fees, or mediation fees upfront.7Florida Senate. Florida Code 57.081 – Indigent Persons Costs Fees Your case cannot be delayed because of nonpayment. The clerk will enroll you in a payment plan for certain anticipated costs, with monthly payments capped at roughly 2% of your annual net income divided by 12.6Florida Legislature. Florida Code 57.082 – Determination of Civil Indigent Status The filing fee itself is excluded from that calculation; it is waived outright, not deferred.
If you plan to apply, file in person so the clerk can review your paperwork on the spot. The responding spouse can apply for indigent status on the same basis if their finances qualify.
How to File and Pay
Florida requires electronic filing through the Florida Courts E-Filing Portal for most filers, and the portal itself is free to use.8Florida Courts E-Filing Portal. Florida Courts E-Filing Portal – File Court Documents Online Payment processing fees are separate from the filing fee: credit and debit cards carry a 3.5% surcharge, and electronic checks from a bank account cost a flat $5.9Florida Courts E-Filing Authority. Frequently Asked Questions for Filers On a $409 fee, the credit card surcharge adds about $14. The electronic check option saves money if you have a few extra days for the payment to clear.
Self-represented filers can also go to the clerk’s office in person. Most locations accept cash, money orders, and credit cards, often with the same processing surcharge.
What You Should Actually Budget
Court costs alone look roughly like this:
- Filing fee: approximately $409
- Summons issuance: $10 (regular dissolution only)
- Sheriff service: $40 (regular dissolution only)
- Parenting course: $25 to $60 per parent (cases with children only)
- Mediation: $60 to $120 per person per session through the court program
- E-filing payment processing: 3.5% for credit cards or $5 for electronic check
- Final judgment recording: up to $10.50
A simplified dissolution with no children and no contested issues can come in under $475 total. A regular dissolution with children, mediation, and service of process reaches $600 to $700 in court costs. Add a private mediator or any contested hearings and the number climbs further. Attorney fees sit on top of all of this and are usually the largest single expense in a contested case.