Image of the Author Michael Gower

by Michael Gower

Published on June 20, 2023 · 9 min read

Last modified: July 15, 2026

Key takeaways

  • A California divorce can cost as little as $435 in court fees for a fully agreed, uncontested case, or $50,000 or more per spouse for a contested case that goes to trial.  

  • Starting January 1, 2026, a new "joint petition" process (Form FL-700) lets fully agreeing couples file together — but it does **not** cut the state's $870 total filing fee in half, despite what you may have read elsewhere.  

  • Attorney fees, not court costs, drive most of the total. The more you and your spouse disagree, the more billable hours the case requires.

How much does a divorce cost in California?

There's no single price tag for a California divorce, because cost tracks conflict, not the divorce itself. A fully agreed, paperwork-only case can cost close to just the court's filing fee, while a contested case involving a custody dispute or a business valuation can run into six figures per spouse.

PathCourt filing costsWhat actually drives the price
Summary dissolution (if you qualify)~$435Simplified paperwork; strict eligibility — married 5 years or less, no kids, limited property and debt
Joint petition (Form FL-700, new for 2026)~$870 totalNo service-of-process fee, calmer collaborative filing — but the court fee itself isn't reduced
Standard filing (one spouse petitions, the other responds)~$870 total + $40–$100 to serve your spouseTraditional process; still requires formal service
Uncontested, with limited attorney help$1,500–$7,500+Attorney reviews or drafts your agreed paperwork
Mediated$4,000–$15,000+Mediator's hourly rate ($200–$1,000) resolves terms outside court
Contested$15,000–$50,000+ per spouseDiscovery, motions, expert witnesses, trial prep

**Court filing costs are based on the California Courts' statewide fee schedule. Attorney and mediator figures reflect commonly reported private-market ranges, not official court figures — your actual cost depends on your attorney's rates and your case's complexity.*

Filing and service fees

To start a divorce in California, you file a petition with the Superior Court in the county where you or your spouse live. The filing fee currently runs $435 to $450 depending on the county, per the California Courts' statewide fee schedule. If you file the standard way rather than jointly, the responding spouse typically pays a similar fee to file a Response.


If you can't afford the fee, California courts let you request a fee waiver based on public benefits, household income, or an inability to cover basic needs and court costs — the waiver can also cover response fees, certified copies, and sheriff service fees, not just the initial filing.


Outside of a joint petition, you can't serve your own spouse. Another adult must serve the papers — a friend, a professional process server, or in some counties, the sheriff. Process server fees are commonly in the $40 to $100 range for standard service, though costs run higher if your spouse is difficult to locate or lives out of state.

Attorney fees

You aren't required to hire an attorney for a California divorce, but most people who have anything to disagree about — support, custody, or property — end up wanting one. Family law attorneys in California typically bill by the hour, and industry surveys commonly put rates anywhere from $300 to $600 or more per hour depending on experience and region, with retainers often starting in the thousands of dollars.


The bill isn't just about the hourly rate — it's about how many hours your case takes. A straightforward, cooperative case might need a handful of hours to review paperwork. A case with a contested custody dispute or a business to value can consume dozens of hours in negotiation, discovery, and court appearances before it's resolved.


Marble's divorce cost calculator can give you a more specific estimate based on your situation, your county, and whether you and your spouse agree on the major issues.

Mediation and other ways to control the cost

If you and your spouse are willing to negotiate rather than litigate, "mediation" — a process where a neutral third party helps you reach agreement on your own terms rather than a judge deciding for you — is usually the cheapest way to resolve disputed issues. Every California county offers free mediation for child custody and visitation disputes before a hearing, though that free service doesn't extend to dividing property or setting support.


Private mediators are a separate cost, with market rates commonly running $200 to $1,000 per hour, usually split between both spouses — still far less than a contested trial would cost.

A few other ways people keep costs down:

    • Summary dissolution, if you qualify (see eligibility above) the cheapest formal path, with no court hearing required.

    • Limited-scope representation, where an attorney handles a specific task — reviewing a settlement, preparing forms, or coaching you through one hearing — instead of your full case.

    • Settling what you can early. Even a partial agreement on property or parenting time shrinks the number of issues left for your attorney (or the court) to resolve.

California's new 2026 joint petition option — and what it doesn't do

How the joint petition works

As of January 1, 2026, California added a "joint petition" — a way for spouses who agree on every issue to file one case together, using Form FL-700, instead of one spouse filing and the other formally responding. The Los Angeles Times covered the rollout as part of the state's broader push to expand low-cost divorce options, including for couples with children.

Does it actually reduce the filing fee?

Here's where many people get it wrong: the joint petition does not cut California's filing fee. The total court fee is still $870, the same as if one spouse pays $435 to file and the other pays $435 to respond. What you actually save is the cost and hassle of formally serving your spouse — since you're filing together, there's no process server or sheriff's fee, which typically runs $40 to $100 on its own.

What it still doesn't do

A joint petition also doesn't finish your divorce. You'll still need to exchange financial disclosures, reach a full written agreement, and file a judgment. California's mandatory six-month waiting period (Cal. Fam. Code § 2339\) still applies — normally counted from when your spouse is served or responds, but with a joint petition, both of you file together, so the clock starts on the filing date itself. If you can't agree on everything by the end, either spouse can revoke the joint petition and the case simply continues as a standard divorce.

Unlike summary dissolution, the joint petition works even if you have children, real property, or significant assets.

What makes a California divorce more expensive?

Contested vs. uncontested divorce

The single biggest cost driver is whether your divorce is "contested" or "uncontested" — meaning whether you and your spouse agree on the major issues or need a judge to decide them. An uncontested divorce, where you've worked out custody, support, and property between you, typically moves through the court with minimal attorney time. A contested divorce, where one or more issues go to trial, requires discovery, motions, and hearings that add up fast.

Children add cost on both sides of the ledger

Beyond the emotional stakes, custody arrangements often require additional paperwork, and disagreements over parenting time or support can bring in custody evaluators or other experts who bill by the hour.

Spousal support disputes are rarely simple

Most California courts use a guideline formula for temporary spousal support while a case is ongoing: roughly 40% of the higher earner's net monthly income minus 50% of the lower earner's net monthly income. Courts treat this as a starting point, not a fixed rule, and can adjust it for things like a large medical bill or a big savings cushion — which is exactly why a family law attorney running the numbers for your specific situation matters more than a general formula does.

Property division and California's community property rule

California is a "community property" state, meaning most assets and debts acquired during the marriage are generally treated as belonging to both spouses equally, regardless of whose name is on the account or the title. That default is precisely why property division tends to be one of the most expensive parts of a California divorce: dividing a house, a retirement account, or a business often calls for appraisals, tracing work to sort separate property from community property, or a buyout — and any of those can add thousands of dollars in professional fees before the case is finalized.

Case duration is a cost driver too

Based on Marble's internal data across more than 14,600 California family law matters, typical case duration ranges from about 47 to 246 days, with a median of roughly 111 days (about 3.5 months) from filing to resolution. Duration is one of the clearest cost drivers in practice — the longer a case stays open, the more attorney hours it tends to consume, regardless of the underlying issue.

How a California Family Lawyer Can Help

A California family lawyer's job in a cost-sensitive divorce isn't just to represent you in court — it's to help you avoid the expensive mistakes that turn a manageable case into a six-figure one. That includes confirming whether you actually qualify for summary dissolution or the new joint petition before you file the wrong paperwork, negotiating support and property terms before they harden into a discovery fight, and flagging when a limited-scope engagement (rather than full representation) fits your situation and your budget.


If you want to talk through your options, attorneys who work with Marble in California can help you figure out the most cost-effective path for your situation.

Final thoughts

The sticker shock of a California divorce is real, but the state itself isn't what's driving the number — the level of conflict between you and your spouse is. A fully agreed case, whether through summary dissolution or the new joint petition, stays close to the cost of the filing fee. A contested case with custody disputes or complex property can run into six figures. Knowing which path you're actually on, and getting help early enough to stay on the cheaper one, is where most of the savings happen.

Frequently Asked Questions

Disclaimer: Laws and procedures vary by state and jurisdiction. This article provides general information and should not be considered legal advice for your specific situation. For personalized guidance, consult with an attorney.

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Author Bio

Image of the Author Michael Gower

Michael Gower

California managing attorney

With nearly two decades of experience, Michael Gower is a trusted leader in California family law & a Certified Family Law Specialist, and currently serves as Marble’s Managing Attorney for California

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