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.

Average fee by process type

Civil Lawsuit averages the highest listed filing fee at $405 across 12 tracked process types, Restraining Order the lowest at $0.

$405
highest average · Civil Lawsuit
$0
lowest average · Restraining Order
12
tracked process types

Averages are computed live from the same process rows as the chart below across every tracked process type, not the 8 hand-picked rows in the reference table.

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.

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

ProcessTypical Fee Range
Domestic violence protection orderFree
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

Average filing fee across every tracked process type

Live average of listed min/max filing fee per process type, not the hand-picked 8-row table above.

Civil Lawsuit$405Property Dispute$404Probate$380Guardianship$317Divorce$292Name Change$239Eviction$195Court Mediation$181Tenant Rights$109Small Claims$93Domestic Violence Protection$0Restraining Order$0
Average listed filing fee by process type across 12 tracked types. A free process type shows $0.

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. Eligibility thresholds vary by state, contact your court clerk or visit your state's judicial website for current income limits.

To apply:

  1. Ask the court clerk for a fee waiver application
  2. Complete the form with your income, expenses, and assets
  3. Submit with your case filing
  4. 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, or process server fees (varies by county, contact your local court clerk)
  • Publication fees: Required for name changes in many states (set by local newspapers)
  • Certified document copies: Per-page fees set by the clerk's office
  • Court reporter fees: For depositions and transcripts
  • Guardian ad litem fees: In guardianship and custody cases
  • Attorney fees: If you hire representation

Data boundary: PlainCivil tracks filing fees from state court schedules. Ancillary costs (service, publication, copies) vary by county and provider, verify current amounts with your local court clerk's office.

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

What to do with this comparison

Use the process-type averages to set expectations, then confirm the exact fee with your own court.

  • Civil Lawsuit carries the highest average listed filing fee at $405, well above the free domestic violence and restraining order filings. Compare all process fees
  • A fee waiver (In Forma Pauperis) can bring any of these to $0 for those who qualify, ask the court clerk for the application before assuming a fee is fixed. Compare other process guides
  • The filing fee is the floor, not the ceiling. Service, publication, and copy fees are billed separately and are not included in any figure on this page. How we verify records

Averages come from the same process rows as the chart above. Ancillary costs (service, publication, copies) are billed separately and vary by county.

See All Process Fees More Guides