Filing fees can be costly, but in certain cases, you may qualify for a fee waiver based on your financial situation.
When you file your petition or response form, you will need to pay the filing fee with the court. This is normally $325 if you are filing the petition, and though filing an answer doesn't have a cost, there is a $130 fee if you are filing a counterclaim along with your answer.
Fee waiver forms
If you are unable to pay the filing fee(s), you can fill out the waiver forms below.
Form: Motion to Waive Fees and Statement Supporting Motion
You will need to file form 1301GEG, Motion to Waive Fees and Statement Supporting Motion. In this document, you will need to provide detailed financial information. It's up to the Court to decide if all, some, or none of your fees will be waived based on their guidelines. In some cases, the court may also accept partial payments. Some fees can't be waived, such as fees related to the service of documents to the other party. As well, there is no guarantee that the court will waive your filing fee.
Form: Memorandum Demonstrating Inability to Pay Fees
If your fee waiver was denied, you may be able to file a 1304GEJ, Memorandum Demonstrating Inability to Pay Fees. This applies in certain situations, such as if you lost your source of income or you have sudden non-discretionary expenses that you did not account for. You must file this form within 10 days of receiving the order denying your original fee waiver request.
Once you provide the completed documents, the court will decide whether you need to pay the filing fee(s). If you are a (paid) Hello Divorce member, our team can complete this form for you or you can complete it through our divorce portal.
FAQs
What is a Utah divorce fee waiver?
A request asking the court to waive or reduce filing and related fees because you cannot afford them.
Who qualifies for a fee waiver in Utah?
Judges consider income, assets, necessary expenses, and hardships. Certain public benefits can support your request.
Which fees can be waived?
Commonly filing, service, and some administrative fees; sometimes a partial waiver or payment plan is offered.
When should I file my fee waiver request?
Submit it with your initial divorce papers, or later if your finances change.
Do I have to notify my spouse about my fee waiver?
Courts often decide these requests without serving the other party unless a hearing is set.
What if my request is denied?
You might be asked for more proof, given a partial waiver or payment plan, or required to pay. You can reapply if circumstances change.
Step-by-Step: Filing a Divorce Fee Waiver in Utah
Download the correct Utah fee waiver forms
Use the Utah courts self-help site for the current motion and supporting statement.
Gather your financial documentation
Collect income/benefit proof, last year’s taxes, and a list of monthly expenses and dependents.
Complete the forms fully and accurately
Provide numbers for income, assets, and expenses; attach copies of proof.
Sign under penalty of perjury
Follow any notarization or declaration instructions on the form.
File with your divorce papers
E-file or submit at the clerk’s office and ask how fees are handled pending a decision.
Respond promptly to any court request
Provide additional documents or attend a hearing if the court asks.
Keep the signed order and follow it
Use the waiver for covered services; comply with any payment plan or deadlines if partially granted or denied.
Have questions? Schedule a free 15-minute call with our team.
