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How much does a divorce cost in Florida?
Vanessa Tuttle
Florida managing attorney at Marble Law
Key Takeaways
There is no “set cost” for a divorce in Florida.
Factors like attorney fees, the nature of the divorce, service attempts, and more can influence the cost.
Uncontested divorces almost always cost less than contested divorces.
There are also costs to consider that may come after the divorce, like spousal support.
Grounds for divorce according to the TX family court system
Currently, on average, a Florida divorce costs $5,000 to $6,000 or more in attorney fees if you have an uncontested divorce. On the other hand, if you have two or more issues (such as child support or property division) to settle in court, attorney fees range from about $19,000 to $23,000, but some divorces in Florida can cost as much as $100,000 if you and your spouse disagree on multiple factors. On top of that, you typically have to pay things like filing fees, service fees, and the fees for expert testimony. That can add up to about another $1,350.
Breakdown of the costs of divorce in Florida
While many people are familiar with the concept of attorney fees, a Florida divorce frequently comes with several other costs and expenses, such as the following.
Filing fees
According to Florida divorce laws, someone can initiate a divorce lawsuit in the state by filing a petition for dissolution of marriage. When you do, you must also pay a filing fee, which varies depending on the county in which you’re initiating your divorce action. For example, in Lake County, the current filing fee is $397.50, whereas the current fee in Broward County is $409.
At the time of filing, the court also issues a summons. The fee for this is currently around $10. Note that many counties may charge a transaction fee (typically 3.5 percent) if you pay by credit card.
For the most current filing information and fees, check your county court’s website or call them.
Service fees
After filing your petition and summons for dissolution of marriage, you must serve these papers on your spouse to give them formal notice of the divorce proceedings. This is called “service of process.”
Private process server fees generally range between $35 to $100 but vary depending on factors such as how far the process server has to travel and whether you use routine or rush service.
Attorney fees
If you choose to hire an attorney to represent you in your divorce, recent data shows that the average hourly rates of Florida divorce attorneys range from $260 to $330. Rates may be higher or lower depending on certain factors such as:
The attorney’s background and level of experience
Where the attorney is located
The complexity of your case
Temporary orders of support
Divorces can take some time to finalize. For this reason, Florida courts sometimes issue temporary orders for things such as alimony (spousal support) or child custody and child support during the divorce proceedings.
If a party seeks temporary orders of alimony, the amount of such payments is generally based on the financial positions of both spouses, the level of need of the spouse seeking temporary support and the other spouse’s ability to pay.
Discovery
Another cost that frequently comes up in a Florida divorce, but is often forgotten, is the cost of discovery. Discovery is the legal process of collecting and compiling information and evidence to help support your claims. Common examples of discovery tools and processes include depositions, interrogatories, requests for production of documents, document retrieval and copies, subpoenas and expert witnesses, each of which come at a cost.
For example, under Florida Statutes section 92.153, any disinterested witness who incurs a reasonable cost for producing, searching for, reproducing or transporting documents pursuant to a summons is entitled to reimbursement of those costs.
Expert witness costs are also common but can be quite expensive depending on the type of witness. For example, some cases involving children may require a child and adolescent psychiatry expert to assess the child. These experts often charge a few hundred dollars per hour.
Mediation
Mediation is an alternative dispute resolution process where both spouses meet with a neutral third party to try to resolve any outstanding disputed issues without proceeding to trial.
If the parties conduct court-ordered mediation through a circuit court mediation program, each session currently costs between $60 to $120 per person, depending on the parties’ combined income if you qualify for the county program. You may also choose to engage in a private mediation service. However, the cost will likely be higher, as many private mediators often charge approximately $250-350 an hour for their services.
Although mediation comes with a cost, the process can sometimes save you significant time and expense in the long run if you can reach a pre-trial settlement.
Trial
If you’re unable to reach a divorce settlement agreement through mediation or some other method, you may proceed with trial. Often, the trial is the most costly part of a divorce.
Most attorneys charge their hourly fee for preparation for and attendance at trial, which can quickly add up. However, even if you don’t hire an attorney, you may still incur expenses for witness and documentation preparation costs.
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Factors that impact the cost of a Florida divorce
Some divorce costs, such as filing fees, are black and white. Others, like discovery and even attorney fees, are almost impossible to predict. That said, four factors often have a significant impact on the overall cost of your Florida divorce:
Whether you and your spouse disagree on any issues
Whether you and your spouse share any children
How much spousal support is awarded
How marital property is divided
Contested divorce vs uncontested divorce
In contested divorces, the spouses disagree on at least one term of the divorce. Because of this, contested divorces are often litigious and lengthy, requiring numerous document filings, discovery and witness preparation, all of which can become expensive.
Conversely, an uncontested divorce—where both parties agree to all terms—can usually be finalized much quicker (and often out of court), which can significantly reduce costs.
Minor children
Divorces involving minor children often require the parties to address:
The parties may also need to hire expert witnesses, such as child psychologists, at additional costs.
Spousal support
While not necessarily a “cost” or “expense” that you incur during the divorce proceedings, alimony (also called spousal support) can impact your finances moving forward. You may receive support to help you maintain your standard of living, or you may have to pay your spouse support for years to come.
Property division
At the conclusion of any Florida divorce, the court issues an equitable distribution of all marital property between the parties. The courts generally presume that property should be divided equally unless there’s some compelling reason to the contrary. Thus, it’s important to remember that you may be ordered to transfer a portion of your marital assets and other property to your spouse as part of your divorce.
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