What is the Cost of Divorce in Florida?

The average cost of a divorce in Florida depends on various factors, including your legal and filing fees, child custody and support, property division, and alimony. 

Legal Fees and Attorney Expenses

Divorce lawyers in Florida usually charge an hourly rate for their services. The national average hourly rate for family lawyers is $225 to $310, and the Sunshine State’s averages are generally a bit above that due to the slightly higher-than-average cost of living in Florida. Family law attorneys typically require a retainer payment upfront, which they will draw from for their hourly charge as they do the work. The typical retainer ranges from $2,000 to $5,000.

Since these costs are based on billable hours, the final total will depend heavily on how long the conflict lasts before the couple reaches an agreement and whether the matter must be decided in court. 

Court Filing Fees and Associated Costs

The clerk’s filing fee for divorce in Florida is approximately $400, and some counties may require you to pay an additional $10 to $15 fee if you are representing yourself. There may also be additional fees for serving the other spouse with divorce papers. The complexities of your specific case may cause you to go to trial against your spouse, which would incur further expenses.

If you cannot pay the filing fees because you live on a fixed income, you may be eligible to apply for a determination of civil indigent status. If this is granted, the filing fees will be waived.

Mediation or Alternative Dispute Resolution Expenses

Alternative dispute resolution methods, such as mediation, can save you and your spouse both time and money. Mediation can help you reach a legally enforceable compromise without going to trial. This method also gives you and your spouse control over the final agreement rather than depending on a judge or jury’s verdict to decide your future.

Financial Considerations Related to Child Custody and Support

A custody battle is understandably a more expensive undertaking than an uncontested divorce. As child custody is a deeply personal, life-altering decision that Florida courts do not take lightly, the cost of divorce in Florida with a child or multiple children can become much higher than divorce cases that do not involve children.

Florida Statutes Ch. 61 Sec. 30 govern child support amounts and guidelines. The specific amounts are usually calculated based on the parent’s monthly net income and the number of children they share with their spouse. The court may award child support at five percent above or below the guideline amounts if relevant factors, including “the needs of the child(ren), age, station in life, standard of living, and the financial status and ability of each parent,” indicate that they should do so.

Property Division and Alimony Considerations

Florida is an equitable division state, meaning that a judge and jury will try to find the fairest way to divide an estate between spouses depending on their circumstances. Marital property and real estate in a Florida divorce are usually valued at the fair market price for which a  third party would buy the property on the date of the divorce petition. The assets are then divided between spouses fairly based on that value.

Alimony is not as prescriptive as child support costs and the court decides it based on multiple factors. The general principle for alimony in Florida is that both spouses should be able to retain the same standard of living after their marriage as they had during it. Other considerations include how long your marriage lasted and the parties’ ages, emotional and physical conditions, financial resources, earning capacities, education levels, and more, as laid out in Florida Statutes Ch. 61 Sec. 8.