If you want a divorce and you have no money to pay court or legal fees, it is important to know that every state has a process for low-income individuals to end their marriages at little or no cost. However, there are income requirements that a person must meet to qualify for a low-cost or no-cost divorce. Proof of low-income status (sometimes called “poor person” or “indigent” status) is required For couples who require the assistance of an attorney, free or reduced-cost legal services are available in all states.
Who Qualifies for a Free Divorce?
To be eligible for a free divorce, an individual must meet a state’s specific low-income qualifications as well as the general prerequisites for obtaining a divorce. Although the processes are similar in many states, each state has its own criteria for determining if a fee waiver should be granted. Note that even if you qualify for a fee waiver, your spouse may not. Each person is assessed individually. They will have to pay their own fees, but you can leverage this so that the person who qualifies becomes the plaintiff (most fees are associated with the plaintiff’s filings).
To qualify you will need to list your income, assets, and an explanation as to why you cannot afford the fees yourself. Once you complete the application and the court determines you are indigent, the court filing fees associated with the case are waived for you.
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Where to Get the Forms to File for a Free Divorce
Beginning the divorce process requires completing and filing the appropriate forms in a court in the county where one or both spouses meet the divorce residency requirements. The indigency forms may be found on the state or county court websites or may be obtained directly from the court.
How to Get Court Fees Waived
You may request that court fees be waived by completing the appropriate form and presenting it to the court when the divorce papers are filed. Individuals in California who wish to get court fees waived can complete a Request to Waive Court Fees. California courts will waive court fees in divorce proceedings if any of the following situations exist for the applicants:
- Receiving public benefits
- Household income is below a specific amount per number of persons in the family
- Not able to meet family’s basic needs and pay court fees
When a court approves a fee waiver request, fees that are waived can include the fees for filing the divorce, service of process, copying documents, court reporting, and any other fee associated with a divorce case that is within the court’s control.
A court may decide to defer court fees rather than waive them altogether if it is likely some funds will be available to pay the fees when the divorce is final. Courts can also withdraw a fee waiver and collect fees if financial circumstances change during the divorce and waiver eligibility requirements are no longer met.
Providing Proof of Income
Before a court can grant or deny a request to waive court fees for low income, it must review information about an applicant’s income and expenses. When applying for a fee waiver in New York – known also as poor person’s relief – applicants must prepare a sworn statement that includes the following information:
- A statement of inability to pay court fees
- A detailed explanation of the amount and sources of income
- A list of property owned and its value
In Texas, individuals who want a free divorce complete a Statement of Inability to Afford Court Costs. The form requires an applicant to disclose:
- Monthly income from all sources
- List of persons financially dependent on the applicant
- Values of all property owned
- Monthly expenses and other debts
Where to Get Free Legal Representation for a Divorce
The court waiver removes only the filing fees. It does not entitle you to a free attorney. However, free legal representation is available to help people divorce in every state if they meet low-income qualifications. There are federally funded Legal Aid offices throughout the United States that provide free help to people who cannot afford to hire a lawyer.
Legal Aid programs are designed to provide assistance to people with annual incomes at or below 125% of the federal poverty guidelines. Legal Services Corporation (LSC) provides contact information by state so you can find a Legal Aid office in your area.
At the state level, bar associations encourage attorney members to volunteer their time and provide free (known as pro bono) legal services to low-income people. More information about available pro bono services can be found by contacting your state or county bar association. Information about pro bono legal services in Texas can be found at texaslawhelp.org. In New York, you can search for free legal services by topic and geographic area at lawhelpny.org.
If you do not qualify for legal aid or pro bono services, you are entitled to represent yourself and can move forward with the case that way (called pro se representation).
Getting Started with a Free Divorce
If you need to get a divorce and you cannot afford to pay court costs and legal fees, it will be easier if you and your spouse can try to reach a settlement. For couples who are not able to agree, disagreements might need to be resolved in court. It may be beneficial to start by consulting an agency in your state that offers free legal representation and find out what your options are. If you are in a state like California where court-ordered divorce mediation is free, that avenue is worth an effort.
For low-income divorcing people who can agree with their spouse on a settlement and qualify to have court fees waived, completing and filing the appropriate forms with the settlement is the majority of the work and can be done without an attorney. The process goes more quickly when the couple has resolved the primary issues in the divorce.
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Frequently Asked Questions
Can I get divorced for free?
Yes. If you meet your state’s requirements income and property ownership qualifications you will qualify to have court fees waived and for free legal representation.
Is there free legal help available for divorce?
Yes. Search for free legal assistance in your state, county or local area and contact the organizations to find out the services that are offered and if you can qualify.
If my spouse and I don’t agree can we still get a free divorce?
Yes. If you qualify for fee waivers and free representation, your case will move forward. If you qualify for a fee waiver but not for a free lawyer, you have the option of representing yourself.
How long will a free divorce take?
A free divorce does not take any longer than any other divorce. Once the fee waiver is approved, the case will go forward as any other case.
