2026 data 10 states ~$256 avg

Divorce — State Comparison

Legal dissolution of a marriage, including division of assets, child custody, and spousal support.

Civil-court disposition mix — Divorce

Disposition22%14%50%19%14%Plaintiff winDefendant winSettlementDismissedDefault
Civil-court disposition mix — Divorce

States covered

10 states

divorce

Average minimum fee

$256

Across all surveyed states

Free filings

0 states

All states charge a fee

Longest waiting period

365 days

North Carolina

How Divorce Cases Typically Resolve

National disposition averages applied to divorce filings — settlement is the most common outcome across civil dockets.

Settlement rate 42.0%

Most common civil-case outcome

Plaintiff judgments 18.0%
Defendant
Default judgments (non-response) 12.0%
Dismissals 16.0%

How Divorce Filing Costs Vary Nationally

PlainCivil tracks divorce filing requirements across 10 states out of 10 covered in the national dataset. Across those states, the average minimum filing fee is $256 and the average maximum is $329 — a spread that reflects both county-level surcharges and how each state funds its court system. The lowest entry cost is in Michigan, starting at $150. The highest ceiling is in California, where complex cases can reach $435.

Waiting periods and procedural timelines differ just as sharply. North Carolina imposes the longest statutory waiting period for divorce at 365 days before a final order can issue. 2 states have no mandatory waiting period, meaning the court can finalize the matter as soon as the case is ready. Actual time from filing to resolution usually exceeds the statutory minimum because of court calendars, response deadlines, service of process, and any contested issues. Venue rules, residency minimums, and grounds requirements add further state-specific complexity you should check before filing.

This page is a procedural reference, not legal advice. Divorce outcomes depend heavily on case facts, local court rules, opposing parties, and the judge assigned. If your situation involves minor children, contested property, domestic violence, housing loss, criminal collateral consequences, or immigration status, contact a licensed attorney or your state legal-aid organization before filing. Every state listed here also offers fee-waiver programs for filers whose household income falls below roughly 125–200% of the federal poverty level.

State-by-State Comparison

10 states
State Filing Fee Details
California
$435 Details →
Florida
$400–$409 Details →
Georgia
$200–$225 Details →
Illinois
$210–$350 Details →
Michigan
$150–$250 Details →
New York
$335–$400 Details →
North Carolina
$225 Details →
Ohio
$150–$300 Details →
Pennsylvania
$200–$350 Details →
Texas
$250–$350 Details →

Details by State

California

$435

Petition fee $435. Response fee $435 if contested. Fee waivers (FW-001) available.

Timeline: 6 months minimum, 12-18+ months if contested

Full California details →

Florida

$400–$409

Petition fee $409 in most counties. Fee waivers available.

Timeline: Simplified: 30-60 days. Uncontested: 4-8 weeks. Contested: 6-18 months.

Full Florida details →

Georgia

$200–$225

Fulton County ~$225. Most counties $200-$225. Fee waivers via In Forma Pauperis.

Timeline: Uncontested: 31 days minimum (after service). Contested: 6 months-2 years.

Full Georgia details →

Illinois

$210–$350

Cook County ~$315. Other counties $210-$350. Fee waivers available.

Timeline: Uncontested: 2-4 months. Contested: 1-3 years.

Full Illinois details →

Michigan

$150–$250

Wayne County ~$225. Ottawa County ~$150. Fee waivers for low-income filers.

Timeline: No children: 60-day minimum. With children: 180-day minimum. Contested: 1-2 years.

Full Michigan details →

New York

$335–$400

Index number $210 + Request for Judicial Intervention $95 + other fees. Total ~$335-400.

Timeline: Uncontested: 3-6 months. Contested: 1-3 years.

Full New York details →

North Carolina

$225

Filing fee ~$225 in most counties. Additional fees for service. Fee waivers (IFP) available.

Timeline: Minimum 1 year separation + 30-60 days after filing. Total: 13-15 months.

Full North Carolina details →

Ohio

$150–$300

Franklin County ~$200. Hamilton County ~$275. Affidavit of Indigency available.

Timeline: Dissolution: 30-90 days. Contested divorce: 6 months-2 years.

Full Ohio details →

Pennsylvania

$200–$350

Philadelphia ~$350. Other counties $200-$300. Fee waivers via In Forma Pauperis petition.

Timeline: Mutual consent: 90 days minimum. Contested: 2-4 years.

Full Pennsylvania details →

Texas

$250–$350

Varies by county. Harris County ~$300, Travis County ~$280. Indigency waivers available.

Timeline: 60 days minimum, 3-6 months uncontested, 12-24+ months contested

Full Texas details →

Related

Source: U.S. Bureau of Justice Statistics (BJS) Civil case dispositions and judgment trends · 2025