Can't afford the filing fee? How divorce fee waivers work
May 22, 2026 · 1 min read
Every state lets low-income filers ask the court to waive the divorce filing fee. If you qualify, the biggest guaranteed cost of divorce drops to zero.
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The court filing fee is the one cost you cannot negotiate away, which makes it a real barrier for people who are already stretched thin. The good news is that every state has a built-in answer: a fee waiver that reduces the filing fee to zero for those who qualify.
What a fee waiver is
A fee waiver is a request that asks the court to let you file without paying the usual fee, on the grounds that you cannot afford it. States call the form different things, from a Statement of Inability to Afford Payment of Court Costs in Texas to an Application for Determination of Civil Indigent Status in Florida, but the idea is the same everywhere.
Who qualifies
- You receive public benefits such as food assistance or Medicaid.
- Your household income falls below your state's threshold.
- Paying the fee would prevent you from affording basic necessities.
How to file it
You fill out a short financial affidavit describing your income, expenses, and any benefits, and you file it with your divorce paperwork. A judge reviews it and either grants the waiver, denies it, or occasionally sets a reduced amount. Many waivers also cover service and certified copies, not just the filing fee.
Your state's guide links the exact waiver form for your court. Find yours in our state-by-state guides, and if you want to see the underlying fees first, our filing fees guide breaks down what each state charges.
