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 free divorce in 7 steps 

Here’s a quick overview of the process to get a free divorce:

1. Confirm indigent eligibility
2. Obtain divorce forms
3. Provide financial proof
4. File for a divorce fee waiver
5. File the forms with a court
6. Get court approval
7. 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.

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.  

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. 

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. 

Next steps to get a free divorce 

After you file, your paperwork will be reviewed by a court employee or by the judge. Here’s what you can expect next: 

Fee waiver review process

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.

Moving forward with your case

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. 

Finalizing your divorce

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. 

Legal aid divorce help

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: 

• Legal Services Corporation (LSC). This nonprofit can help you locate an LSC-funded local legal aid office in your area. Simply visit their legal help page and enter your address. 
• Pro bono programs. Many law firms and bar associates have programs where lawyers offer free legal assistance. You can look up “pro bono lawyers” near your location to find them. 
• Law school clinics. If you live near a law school, you might reach out to see if they offer any free legal help or resources. 
• Court self-help centers. Many courthouses have informational centers that guide you on filling out forms and navigating the court procedures. While helpful, this isn’t to be confused with legal advice. 
• Domestic violence organizations. If your partner committed an act of domestic violence, you can likely find an organization or assistance provider in your area, some of which may offer legal help. 

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.

What if I'm not eligible for a free divorce? 

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.  

FAQs

Are there any downsides to a free or DIY divorce?

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. 

Can I get a divorce online for free?

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. 

What documents do I need to file for a free divorce? 

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.