If you are in a difficult financial situation, it's possible to get a divorce without paying a dime.
Find out more about divorce
by Miles Almadrones
Miles is a legal writer and content marketing specialist with a background in operations management and logistics. He.
Legally reviewed by Allison DeSantis, J.D.
Allison is the Director of Product Counsel at LegalZoom, advising and providing leadership to internal teams on the d.
Updated on: September 5, 2024 · 9 min read
Divorce can be expensive. Even if you plan on representing yourself, the court divorce fees alone can cost several hundred dollars. You may be wondering how to get a divorce with no money. Fortunately, it is possible to get a divorce without any court fees if you are in a difficult financial situation.
Here’s a quick overview of the process to get a free divorce:
These are just the basics, so we’ll walk you through each step in further detail below.
If you are wondering how to file for divorce with no money, you will be relieved to know your state has an indigent divorce or fee waiver procedure that will allow you to file for divorce and ask the court to waive all of the court fees associated with the process. This procedure is specifically designed to help people with limited finances end their marriages.
You must qualify as indigent in order to get a free divorce (or waived court costs), which generally depends on the following factors:
To determine if you’re eligible, you’ll need to check your jurisdiction’s specific requirements to waive court fees. You can usually find them on your local court’s website or by contacting the court clerk’s office directly.
It’s also important to note that each spouse’s financial situation and eligibility for fee waivers are evaluated separately. As a result, one spouse might qualify for indigent status (and hence the fee waiver) while the other does not.
The first step in getting the fees waived when you are getting divorced is to get the forms. Aside from your state’s request form to waive the court fees, you’ll typically need to complete a petition for dissolution of marriage, a marital settlement agreement, and a financial affidavit, among others.
First, check online to find your local divorce or family court. Their website will likely have forms you can download or print. You will need to get the forms to file for divorce as well as the forms to ask for a fee waiver. Check to see if there is an instruction booklet as well which will guide you through the process.
If you can’t find what you’re looking for on your court’s website, you can try to research online help centers or organizations that can assist you throughout the divorce process. When completing the divorce papers, you’ll typically need to:
You can also go to the courthouse and get the forms from the clerk there. If you have questions, they may be able to help you complete the forms. Make sure you meet your state residency requirements. You cannot file in your state unless you meet them.
Have questions? Contact us for a free discovery call.In order to have the fees in your divorce waived, you will need to prove to the court that you qualify for indigent status.
You will need to include proof of your income (which includes income from all sources, such as Social Security, child support, disability and payroll), assets (things like bank accounts or cars), and your debts (credit card, loans and utility bills). Tax returns may also be requested.
Examples of documents or proof you might need to provide include the following:
The forms will tell you exactly what documents the court needs. The good news is, you will need to gather this information anyhow, since everyone filing for divorce must provide financial disclosure to the court, so this is not really an extra step.
Once you have completed all the paperwork, you need to file the papers. The documents will need to be notarized. You can get forms notarized at your bank if you have one, or you can ask the clerk to notarize the forms for you when you file them.
Typical fees covered by a waiver include the following:
Still, you’ll want to confirm what the waiver will cover before you submit your divorce forms.
After you file, your paperwork will be reviewed by a court employee or by the judge. Here’s what you can expect next:
A hearing may be necessary so the judge can ask you some questions. Your fee waiver may be approved, or the court might decide to defer your fee, which means you can pay it later. This is common if your ex has assets and will be paying out some to you as part of the divorce judgment or settlement.
Once the waiver is approved, your case will move forward. The simplest way to proceed is to file a settlement or appear in court and tell the judge together what your settlement is. Another option is to move ahead with the divorce as an uncontested procedure, where your ex may not even need to appear.
The procedure will be relatively quick, and you will get your divorce without paying any fees. However, you’ll still need to complete all required paperwork and attend any necessary hearings. Be prepared to present your settlement agreement to the judge, either in writing, verbally to the court, or both.
If you are not able to handle a do-it-yourself divorce where you file all the papers yourself, it is likely that there is a legal aid society in your area or a volunteer lawyers program through your local bar association. Call your city or state bar association to ask for contact information or do an internet search to find them. These organizations provide no-cost (and also low-cost) legal assistance. If you are indigent, they may represent you at no cost and will file all fee waiver papers on your behalf.
Here are some resources to look into:
Fortunately, you don’t have to have any money to get a divorce, but you do have to follow the procedure set up by your state to have the court fees waived. This can be a huge relief when you need to get out of a marriage but don’t have any funds.
If you don’t qualify for a fee waiver and can’t get a free divorce, you might consider an uncontested divorce as another option. This is ideal for partners who can agree on all divorce terms, including asset division, alimony, and how to pay child support. It also involves less paperwork and court appearances, which can substantially reduce costs.
While the exact expenses vary by state and the circumstances of the marriage, you’ll generally pay court costs, ranging between $75 and over $400, plus attorney fees if you choose to work with one. Even if you’re unable to find someone who will represent you for free, keep in mind that many attorneys offer flat-fee services for uncontested divorces.
In fact, you can work with an uncontested divorce attorney through us for a predictable and affordable flat fee. Simply answer a few questions about your situation, and we’ll partner you with an experienced local attorney who can help.
Free or DIY divorces may not be suitable for complex separations involving significant assets or contentious custody issues. There’s also a risk of paperwork errors, which could delay the divorce process or lead to unintended consequences.
You can’t get a completely free divorce online, but you might be able to find low-cost online services that help prepare your divorce documents. However, you’ll still need to pay court filing fees unless you qualify for a waiver.
Generally, you’ll need a petition for divorce, summons, financial affidavit, and fee waiver request form. You may also need proof of income (pay stubs, tax returns), bank statements, and a list of debts and assets. Specific requirements vary by state, so check with your local court.
Brette Sember, J.D., contributed to this story.
Find out more about divorceThis article is for informational purposes. This content is not legal advice, it is the expression of the author and has not been evaluated by LegalZoom for accuracy or changes in the law.
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