Educational purposes only. Fees change frequently. Always verify with your local court.
Understanding Court Filing Fees
What you'll actually pay, what fee waivers cover, and which processes are free.
What Are Court Filing Fees?
Court filing fees are charges paid to the court when you submit legal paperwork. They fund court operations and staff. Fees vary widely by state, county, court type, and the nature of your case.
Which Legal Processes Are Free?
Several types of legal proceedings have no filing fee, typically because they protect vulnerable people:
- Domestic violence protection orders: Free in all states
- Restraining orders (domestic violence): Free in all states
- Some stalking/harassment orders: Free in most states
- Criminal victim restitution hearings: No filing fee
Typical Filing Fees by Process Type
| Process | Typical Fee Range |
|---|---|
| Domestic violence protection order | Free |
| Small claims court | $20–$300 |
| Eviction | $45–$500 |
| Divorce/Dissolution | $150–$435 |
| Name change | $65–$435 |
| Probate | $100–$1,250 |
| Civil lawsuit | $150–$1,435 |
| Guardianship | $150–$500 |
Fee Waivers (In Forma Pauperis)
Every state offers fee waivers for people who cannot afford court costs. These are called "In Forma Pauperis" (IFP) or "Poverty Affidavit" filings. Generally, if your income is below 125-200% of the federal poverty level, you qualify.
To apply:
- Ask the court clerk for a fee waiver application
- Complete the form with your income, expenses, and assets
- Submit with your case filing
- A judge reviews and approves/denies the waiver
Additional Costs Beyond Filing Fees
Filing fees are often just the beginning. Other costs may include:
- Service of process: Sheriff/constable/process server fees ($25–$150)
- Publication fees: For name changes in many states ($50–$200)
- Certified document copies: $10–$25 per document
- Court reporter fees: For depositions and transcripts
- Guardian ad litem fees: In guardianship and custody cases
- Attorney fees: If you hire representation
Free or Low-Cost Legal Help
If you can't afford an attorney:
- Legal Aid offices: Free services for low-income residents (lawhelp.org)
- Law school clinics: Supervised student attorneys, often free
- Self-help centers: Many courts have free self-help desks
- Pro bono attorneys: Volunteer lawyers through bar associations
- Limited scope representation: Pay an attorney for only specific tasks
| Publisher | PlainCivil |
| Sources | Public state court datasets and federal civil-justice records |