Cost & Fees

California Divorce Filing Fees: What You'll Pay at the Courthouse

By DivorceFastCA Editorial Team4 min readUpdated
Illustration of a small courthouse cashier window with a folded receipt and a single dollar bill

Quick answer

The statewide baseline filing fee to start a divorce in California is $435. Some counties add local surcharges, bringing the total to $450. If your spouse files a formal Response, they must also pay a $435 fee. You can avoid these fees entirely by applying for a fee waiver (Form FW-001) if you meet specific low-income thresholds.

When you decide to file for divorce without an attorney, you bypass thousands of dollars in legal fees. However, you cannot bypass the State of California.

The court system charges mandatory administrative fees to process your paperwork, open your case file, and utilize a judge's time. These fees are set by the state legislature and are largely uniform across all 58 California counties. If this is one piece of the bigger picture, our guide to the average cost of a California divorce walks through every line item.

Here is exactly what you can expect to pay at the courthouse window when you file your divorce paperwork.

The Initial Petition Fee: $435

To officially start a divorce, the Petitioner must submit Form FL-100 (Petition for Dissolution) to the Superior Court clerk. When you hand the clerk this document, you must pay the initial filing fee of $435.

This fee applies regardless of your situation. It is the same $435 whether you have been married for two months or twenty years, and whether you have millions of dollars in assets or nothing at all.

Note: A few specific counties, such as Riverside and San Francisco, add local courthouse construction surcharges that can push the total fee to $450. Always check your specific county court website before writing a check.

The Respondent's Fee: $435

California does not just charge the person who starts the divorce. If the Respondent (the other spouse) wants to participate in the case, they must file Form FL-120 (Response).

When the Respondent files their paperwork, the court charges them their own $435 filing fee.

If the Respondent ignores the divorce papers and never files a Response, they do not pay this fee. The Petitioner can then proceed with a default divorce.

How to Save Money: Joint Petitions

If you and your spouse agree on all terms and want to minimize your court costs, you can avoid paying the double filing fee ($870 total) by filing together.

If you qualify for a Summary Dissolution (Form FL-800), you and your spouse sign the same petition and submit it together. The court only charges one $435 fee for the entire case.

Similarly, if you do not qualify for a Summary Dissolution but still agree on everything, you can file a Joint Petition. Because you are submitting the paperwork collaboratively, you only pay a single $435 filing fee.

Additional Court Costs to Anticipate

While the $435 fee covers the opening of your case, you may encounter a few smaller administrative costs as your divorce progresses:

  • Motion Filing Fees ($60 – $90): If you need to ask the judge for temporary orders before the divorce is final (such as temporary child support or a move-out order), you must file a Request for Order (Form FL-300). The court charges roughly $60 to $90 to process this request.
  • Certified Copies ($25 – $40): When your divorce is finalized, you will receive a standard copy of your Judgment. If you need a certified copy with the official raised court seal (required to change your name on a passport or transfer real estate), the clerk will charge a per-page fee.
  • Court Reporter Fees ($30 – $50): If your case is contested and you actually go before a judge, the court may charge a fee for the court reporter to transcribe the hearing.

How to Get the Fees Waived

If you cannot afford the $435 filing fee, California law ensures you can still get divorced. You can submit Form FW-001 (Request to Waive Court Fees) alongside your initial divorce petition.

The judge will grant your fee waiver if you meet any one of these three conditions:

  1. You currently receive public benefits (such as Medi-Cal, CalFresh, or SSI).
  2. Your gross household income is below 125% of the federal poverty level (for example, less than $1,579 per month for a single person in 2025).
  3. You can prove to the judge that paying the fee would prevent you from affording basic necessities like food and rent.

If approved, the fee waiver covers the initial $435 fee, any subsequent motion fees, and the cost of certified copies.

Ready to file? Take our 1-minute eligibility quiz and we'll match you to the correct petition (and FW-001 if you qualify) for your county.

Frequently asked questions

Do I have to pay the fee all at once?

Yes. Unless you are granted a fee waiver or a payment plan by a judge, the court clerk requires the full $435 payment at the time you submit your paperwork. Courts generally accept cash, checks, and major credit cards (though credit cards often incur a 2-3% processing fee).

If we reconcile and cancel the divorce, do we get a refund?

No. Court filing fees are strictly non-refundable. If you file your petition on Monday, pay the $435, and decide to reconcile on Tuesday, the court keeps the money. The fee pays for the administrative work of opening the file, not the final outcome.

Does the $435 fee cover the cost of a process server?

No. The $435 goes entirely to the Superior Court. If you hire a professional process server or the local Sheriff's department to deliver the papers to your spouse, you must pay them separately. Process servers typically charge between $50 and $100.

DivorceFastCA provides self-directed document preparation services at your specific direction. We are not a law firm and cannot provide legal advice. If you have complex assets, business interests, or a contested custody dispute, consult a licensed California family law attorney.