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  • Jennifer LaVia

WHAT IF YOU CAN'T AFFORD TO PAY A $400 FILING FEE TO GET A DIVORCE?

Learn more about your options when filing for a divorce.



If you are filing for a divorce in Florida, you will have to pay a filing fee of about $400, unless

you can get a waiver. To do that, you will need to file an Application for Determination of Civil

Indigent Status. Whether you can qualify as “indigent” (a fancy word for “poor”) depends on

your net income (after taxes), your assets (things you own), and your debts (money you owe).

Your income should be less than twice the Federal poverty level. There’s a chart that will let you

know if you are within the limit (remember to double the number on the chart!) But even if your

income is low enough, you might not qualify, if you own a car that is worth too much (more than

$5000), or if you have too much money in your bank account (more than $2500). What if you

own a home? Can you still be indigent? Yes, if it is your homestead, the value of your home will

not count against you.


The application is only one page long, but it can be confusing and the requirements may be

different depending which county you are filing your case in. For example, if you’re getting a

divorce, do you count your spouse’s income? If you know your spouse’s income, you can

include it, but make a note if you are separated from your spouse. It’s also important to know

what your NET income is, so look at a pay stub for the amount you take home after taxes. Be

sure to fill in ALL the blanks (even if it’s with a zero) or your application maybe rejected.

 

If you need help with filing for indigence or anything else in your family law case, give us a call!

 

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