Florida Divorce Filing Fees and Costs

Once you have decided to get a divorce, you may wonder how expensive the process will be. Many factors will affect the cost of getting a divorce. The fewer disputes you and your spouse have over financial matters or child custody, the more quickly you can obtain a divorce judgment, and the less your divorce will cost.

To start a divorce in Florida, you’ll need to pay a fee of $409.00. There’s also a $10.00 fee for the Clerk of Court to get the papers to the other person through a server or deputy. If you pay the fees online, there’s an extra $5 charge.

Are you considering a divorce in Florida? Reach out to Chiumento Law for an initial case evaluation with a divorce attorney to learn more about the divorce process. Since 1973, we have supported clients through the difficult process of dissolving a marriage. Our knowledgeable family law attorneys can advocate for your interests and protect your rights as you resolve outstanding issues between you and your ex-spouse.

Factors That Affect the Cost of a Divorce in Florida

No attorney can tell you exactly how much a Florida divorce may cost. Various factors will affect the timeline of your divorce case and the extent of the costs you may incur.

These factors may include the following:

• Whether you and your spouse have marital assets or debts
• The complexity of your assets and liabilities
• Whether you and your spouse have minor children together
• Whether you or your spouse will seek alimony
• Whether you decide to hire a lawyer

If you and your spouse can agree on outstanding issues, that will save time and have a significant effect on the cost of your divorce. The more quickly you and your spouse can settle disputes over dividing marital property and debts, spousal support, and child custody and support, the less money you will spend on the divorce process.

Filing Fees in Florida

Even if you and your spouse can quickly reach a settlement agreement on the outstanding issues in your divorce case, you will still need to go to court to obtain a divorce judgment that legally ends your marriage. Filing a divorce petition means paying filing fees and other costs associated with instituting a legal action.

Each county court in Florida sets its own fees for filing a lawsuit with the court. In many Florida counties, you can expect the filing fees to total approximately $400. For example, Flagler County charges a filing fee of $408 for the dissolution of a marriage. You may ask to waive the court filing fees if your annual net income is less than 200 percent of the federal poverty guidelines for your household size and you don’t have more than a few thousand dollars in assets apart from your primary residence. Other fees include:

• Summons – You will need to serve your spouse with the complaint and summons. The summons officially notifies your spouse of the divorce lawsuit, including which court is hearing the case and the date and time of the first court hearing. Courts charge fees of $10 to issue the summons, although this fee can be waived along with the filing fees.
• Service of process– The complaint and summons must be delivered in person to your spouse by a deputy sheriff or authorized private process server. Sheriff’s offices charge around $40 to conduct service of process, although some county sheriff’s offices have a policy against serving divorce papers. Hiring a private process server to serve divorce papers may cost more than using the sheriff’s office.
• Serving a divorce summons out-of-state– If your spouse has moved out of Florida, you can use the sheriff’s office of their new county of residence to serve divorce papers, or you can hire a private process server. Some counties across the country will waive their process server fees if you have obtained a waiver of court filing fees due to indigent status.

How Much Does an Uncontested Divorce Cost in Florida?

Divorce proceedings can qualify as an uncontested divorce if both spouses reside in Florida and have reached a complete agreement on all outstanding issues, including property division, alimony, and child custody/support.

Costs of an uncontested divorce may include:

• Court filing fees of around $400, although some county courts charge an additional fee to litigants who do not have an attorney
• Summons fee of $10
• Process server fees of around $40 to $100

Even if you and your spouse agree on all issues and plan to seek an uncontested divorce, you should have a knowledgeable divorce lawyer review your separation agreement and protect your interests. The long-term consequences of a lack of legal guidance can be much more costly than the expense of a divorce attorney. With Chiumento Law, you can be confident that you will receive trusted guidance based on years of experience handling divorce and family law cases in Flagler and Volusia counties. We are your legal team for life.

How Much Does a Contested Divorce Cost in Florida?

A contested divorce will likely cost several thousand dollars or more if it involves protracted negotiations or the presentation of your case in court. Most divorce lawyers charge an hourly fee of a few hundred dollars per hour. The hours your lawyer will need to spend on your divorce will depend on the complexity of the case, the extent of your assets, and how many issues you and your spouse have in dispute.

You and your attorney may need to hire experts to testify in your case, such as:

• Child custody evaluators to help determine the custody and parenting time arrangement
• Forensic accountants who can help detect any attempt by your spouse to hide income or assets
• Appraisers to assess the value of assets such as real estate or business ownership interests

What Determines How Long Divorce Takes in Florida?

The length of your divorce case will depend on how many issues you and your spouse cannot resolve. For financial issues such as property division, alimony, or child support, you and your spouse may need to go through discovery to exchange financial documents and obtain valuations of significant assets you and your spouse own. If you and your spouse cannot settle certain emotionally-charged issues, then the court will need to resolve them.

Other factors that affect how long your divorce will take include:

• Whether the court decides to delay the case to allow you and your spouse to reconcile
• Whether either spouse bears any fault for the breakdown of the marriage, for reasons such as adultery or domestic violence
• The schedule of the court and the number of cases pending on the court’s docket

Contact Our Experienced Divorce Attorneys

Contact Chiumento Law today for a confidential consultation and to learn how our experienced Palm Coast divorce attorneys can help you through the divorce process. Our law firm can be reached online or by phone at (386) 445-8900. Let our full-service law firm help protect your rights and interests during your separation.