Tuesday, April 28, 2009

Florida divorce filing fees to increase- up to $2,000

In July, 2008, the legislature approved an increase in filing fees in family law matters. The cost of filing for divorce went up to $409. But, much like the airlines, add on fees applied. There is now a $10 fee for a summons to serve the other party and a fee of $295 to file a counterpetition. But the proposed bill will increase these fees above what many might be able to afford.

The proposed legislation calls for an increase in filing fees based on the "contested value" of a case, including family matters. In a divorce, the "contested value" presumably means the couples assets, such as the house, the retirement accounts, etc. In cases where the "contested value" is $250,000 and up, the filing fee would increase to $2,000. For those with assets of $50,000 but less than $250,000, the filing fee will increase to $1,000. This might give those whose homes have declined in value a reason to celebrate.

The legislature is clearly aware that many people, in these economically strapped times, have decided to postpone getting a divorce. If this little publicized piece of legislation were to go into effect, those who are waiting to do the inevitable may face quite a surprise at the time of filing.