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Divorce is usually relatively costly, even if you and your spouse are on the same page about how you want to manage things.
However, there are options available for very low-income individuals in every state to terminate their marriages at little or no cost. Each state has a specific process in place to assist those with limited financial resources in obtaining a no-cost divorce.
However, it is important to note that there are income requirements that must be met to qualify for such assistance. In order to establish eligibility, proof of low-income status, often referred to as “poor person” or “indigent” status, is typically required. This guide aims to explain how this works, and who qualifies for a cost-free divorce.
Can I Get Divorced for Free?
Yes, it is possible to get a divorce for free if you meet the income and property ownership qualifications set by your state. By satisfying these requirements, you become eligible to have court fees waived and even receive free legal representation.
Who Qualifies for a Free Divorce?
To be eligible for a free divorce, you must meet both the specific low-income qualifications of your state and the general prerequisites for obtaining a divorce. While the divorce processes may be similar across many states, each state has its own criteria for determining whether a fee waiver should be granted.
Even if you qualify for a fee waiver, your spouse may not automatically be eligible. Each person’s financial situation is assessed individually, and your spouse may be required to pay their own fees. However, you can leverage this situation so that the qualifying individual becomes the plaintiff, as most fees are associated with the plaintiff’s filings.
To establish eligibility, you will need to provide a detailed account of your income, assets, and an explanation as to why you are unable to afford the fees yourself. Once you complete the application and the court determines that you are indigent, the court filing fees associated with your case will be waived.
Can I Get My Court Fees Waived For a Divorce?
To request a waiver of court fees, you must complete the appropriate form and present it to the court when filing your divorce papers, whether you are in California, New York, or wish to file for divorce in Oregon. If a court approves a fee waiver request, the waived fees may include those associated with filing the divorce, service of process, document copying, court reporting and other fees within the court’s control.
In some cases, the court may decide to defer court fees rather than waive them entirely, particularly if there is a likelihood that some funds will be available to cover the fees when the divorce is finalized.
Keep in mind that a court can withdraw a fee waiver and collect fees if there are changes in financial circumstances during the divorce, resulting in no longer meeting the eligibility requirements for the waiver.
What Can I Do If I Don’t Qualify For a Free Divorce?
If you do not qualify for a free divorce or have access to free legal representation, there are still options available to simplify the divorce process.
One such option is to consider online filing or DIY divorce. Online divorce forms provide a convenient and cost-effective way to handle your divorce paperwork without the need for an attorney.
