- To waive your filing fees, you'll want to contact your county's clerk of court and ask for an indigent form. The clerk waives fees if you can prove you are indigent, which means that you don't have any income. You'll need to fill out the form and return it to the clerk of court. The clerk will review the form and advise you if they waive the filing fees. If the court will not grant a waiver, you'll need to visit an attorney. In some cases, an attorney may "front" you the filing fees specific to your circumstance.
- Attorneys generally charge a retainer to start the divorce and once you use the retainer, the attorney will charge you hourly or may ask for a refurbishing retainer. When you visit the attorney for your initial consultation, you'll need to explain that you do not have an income. You'll want to show the attorney that your spouse has the income and the ability to pay for your attorneys' fees and costs.
- If you are working pro se -- without an attorney -- and need your fees waived, the court must accept your indigent application. If it doesn't, you will have to borrow the funds for the filing fee from family or friends. You cannot ask for attorneys' fees and costs if you represent yourself. You will have to bear the brunt of the filing fees, cost for copies and other associated fees.
- To improve your chances of having your divorce fees waived, you should try to contact at least three attorneys who will take your case and attempt to recoup their fees and the filing fees from your spouse. You can explain your situation on the phone before you make the consultation appointment. You'll want to choose the attorney you feel most comfortable with, especially since this is a sensitive and personal matter -- don't just retain the first one who says he will work with you. A spouse with no income is commonplace and many attorneys are familiar with the circumstance of one parent staying at home with the children while the other works.