How to File for Divorce When You Can’t Afford the Fees: Understanding Court Fee Waivers (In Forma Pauperis)
Filing for divorce—or any family court action—can be overwhelming enough without the added stress of high court filing fees. The good news? You might not have to pay them at all.
If you’re struggling financially, your local courthouse may allow you to file "In Forma Pauperis"—a legal term that simply means "in the form of a pauper" or, more plainly, you can’t afford the costs and need them waived. Here’s everything you need to know, including exact scripts for calling your courthouse, and step-by-step instructions to get started.
Here’s How to Apply for an In Forma Pauperis Waiver
What is an “In Forma Pauperis” Fee Waiver?
When you file a petition for divorce, custody, or other legal action, courts often charge filing fees that can range from $100 to $500 or more. If you're unable to pay, you can apply for a fee waiver so you’re not blocked from accessing the legal system.
These waivers can cover:
Divorce petitions
Custody filings
Motions and modifications
Service fees in some cases
Why Filing for an In Forma Pauperis Waiver Is a Smart Move:
You deserve access to the court system, no matter your financial situation.
Saves you hundreds of dollars in up-front court costs
Allows you to move forward with your legal process without delay
Protects your legal rights, even during financial hardship
How to Apply for a Fee Waiver:
Step 1: Call or Visit Your Local Courthouse
You can usually find the number for your county courthouse by searching “[Your County] family court clerk.” Once you call, here’s what to say:
Phone Script: Asking for a Fee Waiver
"In Forma Pauperis" is pronounced:
in FOR-muh PAW-puh-riss
(You might also hear it pronounced as PAW-per-iss depending on region.)
Phone script:
Hi, my name is [Your Name], and I’m hoping to file for [divorce / custody / a family court matter], but I can’t afford the court fees. Can you tell me how to apply for a fee waiver or In Forma Pauperis status?
If redirected or given more info:
Thank you so much—I just want to make sure I do everything correctly. Is there a form I can pick up in person, or can I download it online? And what documents do I need to bring when I submit it?
Step 2: Ask for the “In Forma Pauperis” Form
Most court clerks will know what this is. You can say:
"Can you please provide the In Forma Pauperis application or fee waiver form for family court filings?"
You can often find and download the form from your court's website under "Self-Help" or "Family Law Forms."
Step 3: Gather Supporting Documents
To show financial hardship, you may need:
Recent pay stubs (if employed)
Unemployment documentation
Public assistance award letters (SNAP, TANF, etc.)
A signed affidavit of income and expenses
Step 4: Submit the Application
Return the form along with your documentation to the courthouse. In some states, a judge may need to review and sign off on your request. You may be notified by mail, or you might be asked to come in for a short hearing.
What If I’m Nervous to Ask?
You’re not alone. This process can feel intimidating—but remember: the courts are there to serve the public. You have the right to access justice, and fee waivers exist for a reason.
Here’s a reminder script if you're feeling unsure:
“Hi, I’m trying to navigate this as best I can, and I’m just hoping to get some guidance. I want to file but truly can’t afford the fees right now. Can you help me understand the next steps?”
Helpful Tips for filing an In Forma Pauperis application
Keep copies of everything you submit
If you’re denied, ask the clerk what other options are available
Some states offer legal aid volunteers or clinics to help with the form
Don’t be afraid to follow up if you don’t hear back within a week or two
If you're feeling lost or overwhelmed, start with a single call. Ask the question. Take the next small step. You’ve got this. Divorce happens, but you are not alone.