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Florida Divorce Filing Fee Waiver: Civil Indigent Status
If you cannot afford the Florida divorce court filing fee, you may apply for civil indigent status by submitting the current Application for Determination of Civil Indigent Status to the Clerk of Court.
The clerk compares the financial information you provide with Florida’s statutory income and asset criteria. Approval is not automatic, and civil indigent status does not necessarily make the entire divorce free. Filing and summons fees may be waived, while an administrative processing charge, a payment plan or other expenses may still apply.
Important: Divorce in Florida Online can prepare the application using complete and truthful information you provide, but only the Clerk of Court or the court can determine whether you qualify.
For cases filed through our current process, the court filing fee is currently approximately $419, plus any card-processing charge associated with the selected payment method. Court and processing fees may vary or change and should be confirmed before filing.
Can You Get a Divorce for Free in Florida?
Florida does not automatically provide a completely free divorce, but a person who cannot afford the court costs may apply for civil indigent status. If the application is approved, certain filing and summons fees may be waived. An administrative processing charge, payment plan or other expenses may still apply.
Civil indigent status generally addresses court fees—not every expense connected with the divorce. Document preparation, private process service, parenting courses, remote notarization, mediation, attorney services and other third-party costs may remain separate.
The Clerk of Court or the court—not a document-preparation company—determines whether an applicant qualifies. Approval depends on the applicant’s truthful income, household and asset information under Florida’s current eligibility standards.
What Is an Application for Determination of Civil Indigent Status?
The Application for Determination of Civil Indigent Status is the official Florida form used to request relief from paying certain court fees and costs in advance because of an inability to pay.
People also commonly call it:
- A Florida divorce filing-fee waiver
- A Florida court filing-fee waiver
- An indigent-status application
- A civil indigency application
- A Florida family-court fee waiver
The application is submitted to the Clerk of Court. The clerk—not Divorce in Florida Online—makes the initial civil-indigent-status determination.
Always obtain the current Application for Determination of Civil Indigent Status from Florida Courts or the clerk where the case will be filed. Do not rely on an old saved copy because forms, fees and eligibility standards can change.
Is Civil Indigent Status the Same as a Filing-Fee Waiver?
Civil indigent status is commonly called a filing-fee waiver, but the term “waiver” does not mean that every divorce-related expense disappears.
The official application states that filing and summons fees are waived for qualifying applicants while other costs and fees are not waived. Florida law also provides for a one-time administrative processing charge and enrollment in a payment plan under applicable law.
A monthly payment amount is presumed to correspond to an indigent person’s ability to pay when it does not exceed 2% of the person’s annual net income divided by 12. The clerk determines the applicable payment-plan terms; this website cannot calculate what a particular applicant will be required to pay.
Florida law also provides that a civil-indigent person’s case may not be delayed or impeded because applicable fees or costs have not been paid. Read the current requirements in Florida Statutes section 57.082.
Who May Qualify for Civil Indigent Status in Florida?
Florida’s initial income standard is 200% of the current federal poverty guideline for the applicant’s household size. Meeting that income threshold does not guarantee approval because property interests and other financial information are also considered.
The clerk’s initial determination is a ministerial act. The clerk compares the application—and any permitted property or motor-vehicle record review—with the statutory criteria.
2026 Civil Indigent Status Income Screening Table
The following table provides a preliminary income screen based on 200% of the 2026 federal poverty guidelines. It is not a guarantee of approval.
| Household size | Maximum annual income | Approximate monthly income |
|---|---|---|
| 1 | $31,920 | $2,660 |
| 2 | $43,280 | $3,606.67 |
| 3 | $54,640 | $4,553.33 |
| 4 | $66,000 | $5,500 |
| 5 | $77,360 | $6,446.67 |
| 6 | $88,720 | $7,393.33 |
| 7 | $100,080 | $8,340 |
| 8 | $111,440 | $9,286.67 |
For households larger than eight: Add $11,360 in annual income—or approximately $946.67 per month—for each additional person.
This is only an income screening table. The clerk also applies Florida’s asset criteria and reviews the information required by the current application. The table should be updated when HHS publishes new poverty guidelines.
Sources: 2026 HHS Poverty Guidelines and Florida Statutes section 57.082.
How Are Property and Assets Considered?
Meeting the income limit does not end the eligibility analysis. Florida law creates a presumption that an applicant is not indigent if the applicant owns, has equity in or expects an interest in property with a combined net equity value of $2,500 or more.
The calculation excludes:
- The applicant’s homestead
- One vehicle having a net value not exceeding $5,000
The clerk may review property records in the applicant’s county of residence and Florida motor-vehicle title records when evaluating property interests.
This is a statutory presumption—not a suggestion that applicants should omit, transfer, undervalue or reclassify property. All requested property information must be reported truthfully. Questions about whether a particular interest is excluded, how equity should be calculated or how the statute applies to unusual property should be directed to the clerk or a licensed Florida attorney.
What Information Does the Application Request?
The current application asks for financial information that may include:
- Employment and net or take-home income
- Social Security, disability or retirement income
- Unemployment compensation and other benefits
- Support received from applicable sources
- Cash and financial-account balances
- Vehicles, boats and other assets
- Real estate and property equity
- Monthly expenses
- Debts and liabilities
- Dependents and other information requested by the form
The applicant is responsible for providing complete and truthful information. Divorce in Florida Online cannot decide which income, household members, assets, exclusions or expenses legally apply to a particular applicant.
The information should be reviewed for accuracy and consistency with any Family Law Financial Affidavit or other financial document submitted in the case. Truthful differences should not be changed merely to make two documents appear identical.
The civil-indigent application is signed under oath. Ordinary mistakes do not automatically constitute fraud, but knowingly supplying false information can lead to revocation of indigent status and other serious consequences.
How Do You Apply for Civil Indigent Status?
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Obtain the current application.
Use the current form accepted by the Clerk of Court where the divorce will be filed.
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Gather accurate financial information.
Collect the income, benefit, asset, property, expense, debt and dependent information requested by the application.
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Complete every applicable section.
Follow the form’s current instructions and do not omit required financial information.
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Review the application carefully.
Check the amounts for accuracy and compare them with other truthful financial information being submitted in the case.
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Sign the application as required.
The applicant attests to the truthfulness of the reported information.
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Submit the application to the clerk.
It may be submitted with the initial divorce filing or according to the clerk’s current filing procedures. For a broader explanation, read how to file for divorce in Florida.
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Review the clerk’s determination.
The determination should explain whether civil indigent status was approved or denied and how applicable charges will be handled.
What Happens If the Application Is Approved?
If the clerk approves civil indigent status, the determination should explain how the applicable fees and costs will be handled.
The official application states that qualifying applicants have filing and summons fees waived while other costs and fees are not waived. Florida law also provides for:
- Enrollment in a payment plan under section 28.246
- A one-time administrative processing charge
- A presumed monthly-payment calculation based on annual net income
- Protection against delaying or impeding the case because an indigent person has not paid applicable fees or costs
The exact payment arrangement and covered charges should be confirmed with the clerk. Divorce in Florida Online cannot determine what a particular applicant’s payment will be.
Which Divorce Expenses May Remain Separate?
Civil indigent status does not necessarily cover every court, professional or third-party expense associated with a divorce.
Costs that may remain separate or require additional review include:
- Private process-server charges
- Parenting-course provider fees
- Remote online notarization
- Nonlawyer document-preparation services
- Attorney fees
- Mediation charges
- Certified copies and optional clerk services
Sheriff-service procedures may differ from private process-server charges. If the divorce requires formal service, learn more about the Florida divorce-by-summons process.
Publication expenses also require special care. Florida law provides a posting procedure for qualifying indigent litigants in certain dissolution proceedings. The clerk should provide instructions for the county and case involved. For general information about missing-spouse cases, read our Florida divorce-by-publication guide.
What Happens If the Application Is Denied?
If the clerk determines that an applicant is not indigent, the notice should explain the determination and applicable next steps.
Depending on the circumstances, the applicant may need to:
- Provide missing or corrected information
- Pay the applicable filing fee
- Ask the clerk about an available payment arrangement
- File a petition asking the court to review the clerk’s determination
A denial should not be ignored. The filing-fee requirement must be addressed through an available procedure.
Can a Denied Applicant Request Court Review?
Yes. Florida law permits an applicant found nonindigent to file a petition asking the court to review the clerk’s determination. No filing fee may be charged for that petition.
During the review, the court may consider the information in the application along with factors such as financial hardship, whether the applicant is self-represented or represented by an attorney, when counsel was retained, the amount and source of attorney fees and other relevant financial circumstances.
Divorce in Florida Online cannot advise someone whether to request review or prepare an individualized legal argument challenging a denial. The clerk can provide procedural information, and a licensed Florida attorney can provide legal advice.
Does Receiving Government Assistance Guarantee Approval?
No. A person does not necessarily have to receive government assistance to apply, and receiving benefits does not automatically guarantee approval.
The application and statute distinguish among different sources of income and benefits. Social Security, Supplemental Security Income, disability benefits, veterans’ benefits, unemployment compensation, temporary assistance and other programs should not be treated as interchangeable.
Applicants should report each source as required by the current application. A nonlawyer document preparer cannot determine how a particular benefit should affect an individual eligibility decision.
Does Hiring an Attorney Automatically Disqualify Someone?
No. Hiring an attorney does not automatically approve or disqualify an applicant.
If the court reviews a nonindigent determination, Florida law permits it to consider whether the applicant is self-represented, represented for a fee or represented pro bono. The court may also consider when the attorney was retained, the amount and source of the attorney fees, hardship and other relevant financial circumstances.
The application should accurately report legal expenses and all other requested information.
Can Civil Indigent Status Be Requested in Different Types of Divorce?
A person may apply for civil indigent status whether the divorce proceeds by mutual agreement, summons or publication. Eligibility depends on the applicant’s financial information and statutory criteria—not merely on the type of divorce.
Approval does not change a noncooperative case into a mutual-agreement divorce. The appropriate divorce procedure still depends on whether the other spouse agrees, must be formally served or cannot be located.
Can Divorce in Florida Online Prepare the Application?
Divorce in Florida Online is a nonlawyer document-preparation service with more than 15 years of experience serving customers remotely throughout all 67 Florida counties.
When the application is part of a divorce matter within our scope, we can prepare it using complete and truthful financial information supplied by the customer. We may also assist with other divorce documents, remote online notarization when appropriate and electronic filing support.
We cannot:
- Guarantee approval
- Determine that a customer legally qualifies
- Tell someone to omit or change income or assets
- Decide which household members legally count
- Determine whether property falls within a statutory exclusion
- Manipulate amounts to improve eligibility
- Advise whether someone should request court review
- Provide individualized legal, tax, accounting or financial advice
The customer remains responsible for providing accurate information, and the clerk or court makes the eligibility determination.
How Civil Indigent Status Fits Into the Total Divorce Cost
The court filing fee is only one possible divorce expense. Total costs may also depend on service of process, publication, parenting requirements, document preparation, mediation or attorney representation.
For a broader breakdown, read our guide to the average divorce cost in Florida.
If your goal is to reduce expenses safely, review our guide to finding a legitimate affordable divorce option in Florida.
Frequently Asked Questions
Is civil indigent status the same as a Florida filing-fee waiver?
Civil indigent status is commonly called a filing-fee waiver. The official application states that filing and summons fees are waived for qualifying applicants, but other expenses may remain, and Florida law also provides for an administrative processing charge and payment-plan enrollment.
What is the 2026 income limit for civil indigent status?
The initial income limit is 200% of the current federal poverty guideline for the applicant’s household size. In 2026, that equals $31,920 annually for a one-person household, with $11,360 added for each additional person. Income qualification alone does not guarantee approval.
Are property and assets considered?
Yes. Florida law creates a presumption that an applicant is not indigent when qualifying property interests have combined net equity of $2,500 or more, excluding the applicant’s homestead and one vehicle with a net value not exceeding $5,000.
Does receiving government assistance guarantee approval?
No. Receiving benefits does not automatically guarantee approval, and a person does not necessarily have to receive government assistance to apply. The clerk applies the current statutory criteria to the information required by the application.
What happens if the application is approved?
The clerk’s determination should explain how applicable charges will be handled. Filing and summons fees may be waived, while an administrative processing charge, payment plan or other expenses may still apply.
Can I get a divorce for free in Florida?
Florida does not automatically provide a completely free divorce. A qualifying applicant may receive civil indigent status, which can waive certain filing and summons fees. Administrative charges, payment plans, document preparation, private process service, parenting courses, notarization and other expenses may still apply.
Can a denied applicant request court review?
Yes. Florida law permits an applicant found nonindigent to file a petition asking the court to review the clerk’s determination, and no filing fee may be charged for that petition.
Can Divorce in Florida Online guarantee approval?
No. We can prepare the application using complete and truthful information supplied by the customer, but only the Clerk of Court or the court can determine eligibility.
Tell Us About Your Divorce and Filing-Fee Situation
If you need help preparing your Florida divorce documents and believe you may qualify for civil indigent status, tell us about your situation. We will contact you to gather additional details, determine whether the document-preparation matter is within our scope and request any information we need.
Tell Us About My Divorce Documents
Questions? Call or text 800-474-1970.
Disclaimer: Divorce in Florida Online is a nonlawyer document-preparation service, not a law firm. We do not provide legal advice, legal representation or guarantees concerning civil indigent status, court fees, payment plans or case outcomes. The information on this page is general and may change. Consult the Clerk of Court about current procedures or a licensed Florida attorney for advice about your legal rights.