Can You Get Divorced for Free?

Seldom is divorce is easy. There is the emotional journey that presents its challenges and confusion. Alongside the emotional ups and downs, divorce brings a financial toll that many face for years. Even filing on your own, without a lawyer, costs money.

Your fears about the financial costs of divorce may have you Googling, “Can I get divorced for free?” in some frantic state of wishful thinking. But remember, even when you got married you had to file a marriage certificate and it costs, getting divorced is similar. You still have to pay to change the contract you married into.

While it may be impossible to divorce for free for most people, a special few may qualify (read on). This blog post highlights the cheapest states for divorce, explains how to obtain court fee waivers, and outlines steps to protect yourself throughout the process.

Cost Comparison of the States

The average cost of a divorce in the United States is estimated to be approximately $7,567 according to a recent Forbes Magazine Survey. This number makes up around 7% of the average income for a US citizen. The survey identified Kansas as one of the cheapest states to file for divorce. On the other hand, Hawaii had the highest cost in filing for a divorce.

Here is the list of the 5 least expensive states to get a divorce per Forbes:

• South Dakota: median divorce cost of $6,792.06
• Wyoming: median divorce cost of $6,697.52
• Iowa: median divorce cost of $6,639.35
• Kansas: median divorce cost of $6,341.19

These costs encompass the filing fee and the average wage of a divorce attorney.

How to Get a Free … or at Least Cheaper Divorce

For many, $6,000 is still unaffordable, so many states offer programs to help low-income individuals cover divorce costs.

Consider “Free Divorce Resources: Did You Know About These?”

The main factor is to qualify as indigent to get either a free divorce or a waiver of costs. Courts consider various factors in determining whether an individual qualifies as indigent, some of the factors are listed below:

• Family Size and Income Threshold
• Income (at or below 125-200% of the federal poverty line)
• Your eligibility for Unemployment, Medicaid, or Public Assistance
• Assets Owned

To get a divorce, you need to file in the appropriate court in the county where either one or both of you (the spouses) reside. This is known as the residency requirement. The first step is to fill out a form for a fee waiver, this form will be submitted along with your initial papers used to file for a divorce. For example in California, there is a form called Request to Waive Court Fees. Individuals who receive public benefits (have a household income below a specific amount or are not able to meet the basic needs of living), will use this form to apply for a waiver.

Notably, the court has the discretion to waive all court fees or defer a certain amount of the cost based on the ability of each person.

For example, in New York, when an individual fills out a waiver form, the court will require a list of the properties you own, a detailed explanation of your current income, and a statement as to the reason for your inability to pay the court fees before determining whether a waiver is necessary … or the court may take alternative actions.

The best way to determine whether you are eligible for a waiver of court fees is to reach out to organizations and agencies that offer free legal representation or to call your local courthouse.

If this is your story, please read: “Leaving an Abusive Marriage? There are Steps to Take First.”

DIY Divorces

For some, a cheaper way of attaining a divorce, when they might not qualify for governmental assistance is to consider a “DIY Divorce.” DIY divorces, “do-it-yourself divorces,” or “online divorces” are the latest trends in bringing divorce costs down. In 2023, many divorces were handled online. While the average divorce in the US may be $7-8000, the average DIY divorce is around $1500. There is a staggering difference in cost, which is the main reason for the appeal of the DIY divorce.

However, a DIY divorce does not serve everyone, and since women are our readers, SAS wants you to be informed.

We know many a spouse who tries to talk our clients into this “model to divorce,” because it’s “cheap and simple,” as they say.

DIY divorces are best for people who:

• have been married for a short time
• have very little to no assets
• have no children
• have no debt

Read “Is an Online Divorce Really Viable?”

If you don’t fit these categories, we strongly recommend consulting a local divorce lawyer to understand your rights, entitlements, and how to protect your children both now and in the future. It’s essential to handle your divorce properly to avoid unknowingly forfeiting anything. You do not want to have regrets down the road when facing the day-to-day reality of living on your own or as a single mom.  The fact is divorce laws exist for many good reasons; often to protect women and children.

Conclusion

Although some states have lower filing costs than others, every state has a program that assists individuals who qualify in filing for divorce. Begin by reaching out to a free agency that provides legal representation at little to no cost. The agency will determine what resources you may have access to, to help assist in filing for a waiver or a deferral of fees.

Keep in mind, that we always recommend women get a legal consultation, either through a pro bono agency or a private firm to learn what their rights are and their entitlements before they sign any divorce documents – free or not.

NOTES

Natasha just graduated from law school and has completed her Bar exam. With a longstanding interest in health law, she aspires to work for hospitals and nonprofits in continuing to advocate for women’s rights. Her goal is to address the historical issues that continue to prevail in our society by addressing the social determinants of health.

Since 2012, SAS for Women has been entirely dedicated to the unexpected challenges women face while considering a divorce and navigating the divorce experience and its confusing afterward. 

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*SAS continues to support same-sex and nonbinary marriage. In this article, however, we refer to your spouse as husband/he/him.