If you cannot afford court filing fees, you may qualify for a fee waiver (also called "in forma pauperis"). Most states waive fees for people with incomes below 125-200% of the federal poverty level or those receiving public assistance. You'll need to complete a fee waiver application and provide proof of your financial situation. If approved, you pay nothing to file.
Last updated: February 2026 • Reviewed by Divorce.law Legal Team
Eligibility varies by state, but generally falls into these categories:
You typically qualify automatically if you receive:
Typically qualify if income is below:
May qualify even with higher income if:
| Household Size | 100% FPL | 125% FPL | 200% FPL |
|---|---|---|---|
| 1 Person | $15,060 | $18,825 | $30,120 |
| 2 People | $20,440 | $25,550 | $40,880 |
| 3 People | $25,820 | $32,275 | $51,640 |
| 4 People | $31,200 | $39,000 | $62,400 |
Alaska and Hawaii have higher thresholds. Check your state's specific requirements.
Obtain the fee waiver application from your local court clerk's office or the court's website. Forms are usually titled 'Application to Proceed In Forma Pauperis' or 'Fee Waiver Request.'
Provide accurate information about your income, assets, expenses, and debts. Courts verify this information, and providing false info can result in denial or penalties.
Collect proof of income (pay stubs, tax returns), proof of benefits (award letters), bank statements, and documentation of expenses.
Submit the fee waiver application at the same time as your divorce petition. The clerk will hold your filing while the judge reviews your request.
The judge reviews your application and either grants, partially grants, or denies the waiver. If denied, you may be able to appeal or pay in installments.
Fee waiver eligibility and forms vary by state. Victoria AI can help you determine if you qualify and guide you through your state's specific application process.
Find your state's fee waiver informationVictoria AI guides you through the fee waiver application process with state-specific forms and eligibility checks.