By Jyoti Jha
You might be thinking about divorcing your spouse due to issues that are restricting you from staying together. But you also do not have a lot of capital to go through a lengthy and expensive divorce process. In such circumstances, you have the right to get a free divorce.
In this article, we will provide you with a comprehensive guide to acquiring a divorce for free in the United States.
Who Qualifies To Get A Divorce For Free In The US?
To become eligible for a free divorce, you will be required to meet your state’s specific low-income qualifications along with general prerequisites to acquire a divorce for free.
Even though the process of a free divorce is similar in most states, each state tends to have its own criterias to determine whether a waiver of the fee is applicable for granting.
You must note that if you are qualifying for a fee waiver, your spouse will not be entitled to the same. As each person’s assets are assessed individually. They will have to pay for their own fees. But, the thing you can do is leverage this factor so that the person becomes qualified to become the plaintiff, as most fees are associated with the plaintiff.
To qualify, you will be required to list your income, assets, and an explanation regarding your inability to afford the fees yourself. After completion of the application, the court will decide if you are eligible for a waiver of your court fees associated with the divorce process.
Where Can I Get Forms For Filing A Divorce For Free?
The starting of the divorce process requires the completion and filing of the suitable forms in a court within the county where both or one spouse meet the divorce residency requirements.
The indigency forms can be found on the state and country court websites or can be directly obtained directly from the court.
How To Get The Court Fees Waived?
You will be able to request that court fees be waived by completing the appropriate form and presenting it to the court when the divorce papers are filed.
If you are a resident of California wishing to get your court fees waived, you can complete a Request To Waive Court Fees. Courts in California will waive court fees in divorce proceedings if any of the following circumstances exist for the applicants:
- You are receiving public benefits.
- Your household income is below a specific amount per number of persons within a family.
- You are not able to meet your family’s basic needs and pay court fees.
When the court approves the fee waiver request, the fees that are waived can be included the fees that are required to file a divorce, service of process, copying documents, court reporting, and other fees associated with a divorce case that is within the control of the court.
A court might decide to defer court fees rather than waiving them altogether if it’s highly likely that some funds will be available for payment of the fees when the divorce has been finalized.
Courts also have the authority to withdraw a fee waiver and collect fees if financial conditions change during the divorce and the waiver eligibility requirement is no longer applicable.
Providing Of Income Proof To Acquire A Divorce For Free
Before the court can grant or deny a request regarding the waiver of court fees for low income, it is required to review information regarding the applicant’s income and expenses.
If you are applying for a fee waiver in New York, also known as “poor person’s relief,” you will be required to prepare a sworn statement that will include the following:
- A statement of inability to pay the court fees.
- A detailed explanation of the amount and sources of income.
- A list of property owned and its value.
On the other hand, in Texas, individuals who require a free divorce need to complete the “Statement of Inability to Afford Court Costs.” This form requires the applicant to disclose the following:
- Monthly income from all sources
- List of individuals who are financially dependent on the applicant
- Values of all property owned
- Monthly expenses and other debts
Where To Find Free Legal Representation For A Divorce?
The court waiver only tends to remove the filing fees. It does not permit you to be a free lawyer. However, free legal representation is available to assist people with divorce in all states if qualified under low-income qualifications.
There are many federally funded Legal Aid offices throughout the US that aim to provide free legal assistance to people who are unable to afford to hire an attorney. Legal Aid programs are designed to provide help people with annual incomes at or below 125% of the federal poverty guidelines. Additionally, Legal Services Corporation (LSC) supplies contact information by state so that you can find a Legal Aid office within your region.
Within the states, bar associations prompt attorneys to volunteer their time for the provision of free or pro bono legal services to low-income individuals. You can find more information about pro bono legal services by contacting your state or county bar association.
Moreover, if you have not qualified for legal aid or pro bono services, then you are permitted to represent yourself and can represent your case through pro se representation.
How To Get Started With Acquiring A Divorce For Free?
If you do not have the money to afford a divorce, the best option can be to have a discussion with your spouse regarding to come into a settlement for the divorce. Coming into a mutual settlement will allow you to have lesser capital being spent in the divorce process.
On the other hand, if you come into a mutual settlement for the divorce, it will be better as it will reduce the process of finalizing the divorce, leading to lesser court fees.
Frequently Asked Questions (FAQ)
We have acquired a comprehensive list of the frequently asked questions about free divorce in the United States.
A: Yes. You can get a divorce for free if you have fulfilled your state’s requirements and fulfilments regarding free legal representation.
A: Yes. You can get free legal assistance available for divorce if you are unable to afford to hire a lawyer for filing a divorce.
A: yes, you can request a fee waiver for yourself even if your spouse has not agreed to file a divorce. This means only your fees will be waived by the court if you have the appropriate qualifications.
A: A free divorce does not take any special time for finalization. It takes a similar time as required by a normal divorce.
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