What Is an Affidavit of Indigency?

Divorce can be expensive. While most people think of a divorce lawyer as the priciest part of a divorce, court fees and costs can run a close second. Money is a big hurdle for many people seeking a divorce. An affidavit of indigency is a request you can file with the court asking for a reduction or elimination of divorce filing fees.

State governments don’t want their citizens to be stuck in unhappy marriages, so they offer a way for people to reduce or eliminate the financial barriers to getting a divorce. An affidavit of indigency can be submitted at the start of your divorce, when you file your petition for dissolution of marriage. If approved, the clerk of court will waive or reduce your filing fees and court costs. Depending on where you live, this amount could exceed several hundred dollars. 

By saving money on court costs and filing fees, you have more money to spend on the actual divorce proceedings. This can help you cover mediation fees, financial planning, attorney services, or any other support and guidance you may need.

How to find and file an affidavit of indigency

Each state provides a copy of an affidavit of indigency on its clerk website. You can file forms, complete with your financial information, with your petition for dissolution. If approved, the clerk will waive or reduce your filing fees.

Here are links to some state forms for an affidavit of indigency:

An affidavit of indigency is used when a person is unable to afford divorce filing fees and associated court costs. If you meet certain qualifications, you may be approved to file for divorce without paying any fees or paying reduced fees. 

Divorce is a challenging and emotional time. Even if you and your spouse are amicable, you may still face financial hurdles. In contentious divorces, some spouses may even use the lack of finances to keep you in the marriage. Luckily, you have options regardless of which state you live in. 

Getting help

Another avenue of support is Hello Divorce. We offer multiple low-cost divorce plans to help you navigate this complex and emotional time. We also offer flat-fee services for financial planning, mediation, and more – so you can get what you need without paying for services you don’t need. 


Divorce Content Specialist & Lawyer
Divorce Strategy, Divorce Process, Legal Insights

Bryan is a non-practicing lawyer, HR consultant, and legal content writer. With nearly 20 years of experience in the legal field, he has a deep understanding of family and employment laws. His goal is to provide readers with clear and accessible information about the law, and to help people succeed by providing them with the knowledge and tools they need to navigate the legal landscape. Bryan lives in Orlando, Florida.