How Much Does a Divorce Cost in California? Filing Fees, Fee Waivers and the Real Costs
California family law · Last reviewed September 29, 2026
The court's own charges for a California divorce are modest and fixed by statute. What makes divorce expensive is everything else: lawyers, experts and time. Couples who agree on the terms can often finish for little more than the filing fees. Couples who fight can spend many times that.
All fees below come from the Judicial Council's Statewide Civil Fee Schedule effective January 1, 2026. No 2025 or 2026 law changed the family law filing fees.
Filing fees for 2026
| What you file | Fee | Line / authority |
|---|---|---|
| Petition to start a divorce, legal separation or annulment (FL-100) | $435 | Line 97; Gov. Code § 70670(b), §§ 70602.5, 70602.6 |
| Response (FL-120) | $435 | Line 98; Gov. Code § 70670(d) |
| Joint petition, filed by both spouses together (FL-700) | $870 | Line 99; Fam. Code § 2342.5(h) |
| Joint petition for summary dissolution (FL-800) | $435 | Line 100 |
| Request for order (motion) after your first paper | $60 | Line 108; Gov. Code § 70677(a) |
| Added charge on a motion to modify or enforce custody or visitation | $25 | Line 109; Gov. Code § 70678 |
| Stipulation and order not requiring a hearing | $20 | Line 110 |
| Request for an order allowing service by posting or publication | $20 | Line 59; Gov. Code § 70617(c)(3) |
| Settlement signed by a spouse who defaulted, included in the judgment | No fee | Line 103; Gov. Code § 70677(c) |
| Appearance, stipulation and waiver when the respondent is in the armed forces | No fee | Line 104; Gov. Code § 70673 |
| Domestic violence restraining order requests | No fee | Line 107; Fam. Code § 6222 |
The $435 filing fee is built from three statutes: a $355 base fee plus two $40 supplements that fund court facilities. The schedule's footnote warns that fees marked with an asterisk "will vary in the counties of Riverside, San Bernardino, and San Francisco," because of local courthouse-construction surcharges. The schedule's appendix gives the family law first-paper total as $450 in Riverside and San Francisco and $435 in San Bernardino. Everywhere else, including Los Angeles, it is $435.
The joint petition fee is $870, not $435
When spouses file a joint petition under the procedure that began January 1, 2026, they pay once for both. The court's self-help guide is direct: "You must pay the filing fee of $870." Under the fee schedule, that one fee covers both spouses' appearances, and no further first-appearance fee is due even if one of you later revokes the joint petition. That $870 equals two $435 fees, so the joint petition does not save filing fees compared with a petition plus a response. What it saves is the cost and delay of service. Some websites say a joint petition cuts the fee to $435; that figure applies only to a summary dissolution.
The minimum court cost, by path
| Path | Filing fees | Notes |
|---|---|---|
| Summary dissolution | $435 total | Only for short marriages with few assets and no children; see the limits in our uncontested divorce guide |
| Joint petition | $870 total | Both spouses file together; no service needed |
| Default (spouse doesn't respond) | $435 | The spouse who defaults pays nothing |
| Petition and response | $870 total | $435 each |
Add the cost of service if your spouse must be served. The law doesn't set a price for that. A friend or relative over 18 who isn't a party can serve for free; professional process servers and sheriffs charge for it.
Fee waivers
If you can't afford the fees, ask the court to waive them with form FW-001, Request to Waive Court Fees. Under Government Code § 68632, a waiver is granted to:
- anyone receiving certain public benefits, including SSI/SSP, CalWORKs, CalFresh (SNAP), Medi-Cal, county general relief, IHSS, WIC or unemployment compensation;
- anyone whose monthly household income is 200 percent or less of the federal poverty guidelines (the Judicial Council publishes the dollar table with the form); and
- anyone the court finds cannot pay without using money needed for the "common necessaries of life."
Since January 1, 2026, veterans' service-connected disability compensation does not count as income for this test (§ 68632(b)(3), as amended by SB 54).
For a joint petition, each spouse who needs a waiver files their own. The court's self-help guide says: "Ask the clerk when you file how your court handles filing fees when only one spouse qualifies for the fee waiver."
Making the other spouse pay for a lawyer
Where one spouse controls most of the money, California law tries to level the field. Family Code § 2030(a)(1) directs the court to "ensure that each party has access to legal representation, including access early in the proceedings," and to order one spouse to pay the other's reasonable attorney's fees when the income and needs assessment calls for it. Under § 2030(a)(2), if the court finds "a disparity in access" to funds and that one party can pay for both, it must award fees. A spouse asks for it with a Request for Order.
What drives the total cost
Court fees are a small, predictable part of the bill. The large and unpredictable parts are:
- Attorney's fees. Most family lawyers bill by the hour, and the total tracks how much is disputed. A lawyer hired only to review a settlement or prepare the judgment costs far less than one who litigates custody or a business valuation. Many lawyers offer limited-scope help for a single task.
- Experts. Business appraisers, forensic accountants, real estate appraisers, pension actuaries and private custody evaluators all bill separately.
- Dividing retirement accounts. A plan usually needs its own court order (often a QDRO), which a lawyer or specialist typically prepares for a fee.
- Mediation. Court custody mediation is part of the court's services. Private mediation to settle the whole case is paid for by the spouses, often at an hourly rate, and usually costs far less than litigating.
- Time. Every hearing, every round of discovery and every trial day adds cost.
We don't publish an average cost of divorce in California. The figures that circulate online come from old or unverifiable surveys, and the range is so wide that an average tells you little. A better way to estimate: add the fees for your path, then ask any lawyer you consider for their hourly rate and an estimate for the specific issues you disagree on.
How to keep the cost down
- Agree on as much as you can. Every issue settled is one you don't pay to litigate.
- Use the court's help. Every superior court has an office of the family law facilitator (Family Code § 10002), and courts run self-help centers that "provide legal information and resources to people without a lawyer," including help with forms.
- Choose the cheapest path you qualify for. Summary dissolution costs $435 and needs no service or hearing. A joint petition skips service. A default costs your spouse nothing.
- Exchange financial disclosures promptly and completely. Disputes over missing documents are among the most expensive fights in family law.
- Get your judgment right the first time. A rejected judgment packet costs weeks.
Frequently asked questions
How much does it cost to file for divorce in California?
$435 in most counties for the petition, and $435 for your spouse's response, under the 2026 Statewide Civil Fee Schedule. Riverside and San Francisco charge $450. A joint petition costs $870 for both spouses, and a summary dissolution costs $435 total.
Can I get the divorce filing fee waived in California?
Yes, if you receive public benefits such as Medi-Cal, CalFresh, SSI or CalWORKs, if your household income is at or below 200 percent of the federal poverty guidelines, or if paying would leave you unable to meet basic living expenses. File form FW-001 with your petition.
Does my spouse have to pay a fee to respond?
Yes, $435 (or $450 in Riverside and San Francisco), unless they get a fee waiver. A spouse who doesn't respond and lets the case proceed by default pays nothing.
Is a joint petition cheaper than filing alone?
Not in court fees. A joint petition costs $870, the same as a petition plus a response. It saves the cost of serving your spouse and lets you start the six-month clock on the day you file.
What is the cheapest way to get divorced in California?
If you qualify, a summary dissolution: one $435 filing fee for both spouses, no service and usually no court appearance. Otherwise, an uncontested case using the court's self-help center and family law facilitator.
Can the court make my spouse pay my attorney's fees?
Yes. If there is a disparity in access to money and your spouse can pay for both lawyers, Family Code § 2030 requires the court to order fees so each spouse has access to legal representation.