How to Get a Divorce with No Money : 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.
How to Get a Divorce with No Money in 7 steps
Here’s a quick overview of the process to get a free divorce:
- Confirm indigent eligibility
- Obtain divorce forms
- Provide financial proof
- File for a divorce fee waiver
- File the forms with a court
- Get court approval
- Research free legal services in your state
These are just the basics, so we’ll walk you through each step in further detail below.
Divorce fee waiver for indigents
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.
📢 Also read : How to Get an Uncontested Divorce in California
Who is eligible for a free divorce?
You must qualify as indigent in order to get a free divorce (or waived court costs), which generally depends on the following factors:
- Income. Most courts consider a person indigent if their gross income is at or below 125% to 200% of the federal poverty line, depending on the state.
- Family size. The income threshold increases with family size since larger households have higher expenses.
- Assets. Courts also ask for proof of assets, including savings, property, and investments, to determine the need for financial assistance.
- Public assistance. Anyone who receives certain public assistance benefits (e.g., unemployment or Medicaid) may automatically qualify as indigent, such as in California.
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.
Obtain divorce forms
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:
- Provide accurate personal information for both you and your spouse.
- Fill in all the information requested, including information about children of the marriage, assets, debts, date of marriage, and the reason for the divorce.
- You will also need to indicate if you are asking for child support, alimony, or division of marital assets.
- Specify the date and place of your marriage.
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.
Provide financial proof
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:
- Bank statements for checking and savings account
- Documentation of government assistance or unemployment benefits
- Outstanding debts such as credit card statements, medical bills, or student loan statements
- Routine bills, including utilities, rent receipts, or mortgage statements
- Expenses for any minor children or dependents
- Value estimates for all assets, such as vehicles and property
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.
File for fee waiver
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:
- The divorce petition
- Service of process
- Obtaining certified copies of court documents
- Filing motions or responses
- Court reporters for hearings
Still, you’ll want to confirm what the waiver will cover before you submit your divorce forms.
