As you may have noticed, little in life is free these days. Most things come with a cost. Divorce is no exception. If you think you can’t afford to get divorced, you aren’t alone.
However, for those who want to divorce but are intimidated by the cost, there’s a glimmer of hope. Not only can you file for divorce online with a low-cost platform like Hello Divorce, but in some cases, you can also fill out a form asking the judge to waive the filing fee for your divorce petition.
For those facing financial hardship, the $100 to $400 saved on a divorce filing fee can go toward important things like groceries, childcare, or rent. This is good news. Read on to learn more.
Fill out your petition and the paperwork requesting a waiver
If you cannot afford to pay the filing fee, you can submit a motion to waive the fee along with your petition.
Motion to waive the filing fee
The paperwork required for this task varies by state. In some states, you fill out a short form of just one or two pages. The form requires basic financial information about your income and expenses. It may also request information about your lawyer, if you have one.
In other states, the form is a few pages longer and delves into deeper detail. For example, you may be required to provide information about loans and other debts, donations you have made, your business interests, and your bank accounts.
Click these links to learn about fee waivers in your state.
- California Request to Waive Court Fees: FW-001
- Colorado: JDF 205 and JDF 206
- Florida: Apply for Waiver
- Illinois: Application for Waiver of Court Fees
- Indiana: Indiana Legal Help
- New York's Poor Person's Relief form
- Pennsylvania: Application to Proceed in Forma Pauperis
- Texas Affidavit of Inability to Pay Court Costs
- Utah Motion to Waive Fee and Statement Supporting Motion: 1303 GEG
- Washington: Filing Fee Waiver
Note: If you have purchased a Pro, Plus or Mediation plan, we will file your motion to waive the filing fee along with your petition.
What if my fee waiver request is denied?
The court may reject your request for a fee waiver. If this happens, first check to make sure you filled out your forms accurately and completely.
If you filled out your forms without error and it appears the court deemed you ineligible for a fee waiver, you may still have options.
Depending on your situation and state, you may have a chance to supply more information either through document submission, a hearing, or both. For example, if your request is denied in California, you can click here to find out other options.
In some states, however, if your request for a waiver is denied, you have no other option but to pay the fee. If this happens, consider asking the court about a payment plan.
Hello Divorce's cheapest divorce plans
If you are a Hello Divorce client, you can complete the online interview at this link to have the required forms generated for you. And remember, a paid Hello Divorce membership does not have to cost a lot. Our cheapest online divorce plan costs just $400, and the average amount paid for a divorce through our platform is under $2,000 – far less than the California average of $27,000 per person.
FAQs
What is a divorce filing fee waiver?
It’s permission to proceed with your case without paying filing fees if you can’t afford them.
Who qualifies for a divorce filing fee waiver?
People with low income, public benefits, or financial hardship, depending on state rules.
How do I request a filing fee waiver?
Fill out a court waiver application, disclose finances, and file it with your divorce forms.
Does the judge have to approve the waiver?
Yes. A judge or clerk reviews your application and decides if it’s granted.
Do I have to pay the fees later if my situation changes?
Possibly. Some courts may require repayment if finances improve.
Can a fee waiver cover all court costs?
It usually covers filing fees, not extras like service of process or copies.
Step-by-Step: How to Get a Divorce Filing Fee Waived
Check eligibility requirements
Review your state’s income and hardship rules.
Obtain the application form
Get the waiver form online or from the courthouse.
Complete the form
List your income, expenses, and benefits.
Attach proof of financial hardship
Provide supporting documents like pay stubs or bills.
File the application with your divorce papers
Submit everything together for review.
Wait for court decision
The judge or clerk approves or denies your request.
Follow up as required
If approved, fees are waived; if denied, pay or reapply.
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