How to get divorced with no money
Key numbers
- Every state has a process for asking the court to waive its own fees. In California you qualify by receiving certain public benefits, by income, or by not being able to afford your household's basic needs and the fees (California Courts Self-Help Guide, form FW-001).
- Legal aid is searchable by address at lsc.gov, the federal body that funds civil legal aid for people on low incomes.
- ABA Free Legal Answers takes civil questions, including family and divorce questions, answered at no cost by volunteer attorneys licensed in your state.
- In the 2019 reader survey, people who handled their own divorce paid $1,170 in total costs on average, and the median was $300 (Martindale-Nolo, via DivorceNet).
If you are reading this because the filing fee alone is out of reach, know two things before anything else. First, courts are set up for this, and asking them to waive their fees is a normal request made by ordinary people every day. Second, having no money does not mean having no options, though it does mean the order you do things in matters more.
This page is the practical list, cheapest door first.
1. Ask the court to waive its fees
Courts charge to open a case, and every state has a route for people who cannot pay, historically called proceeding in forma pauperis. The name and the form differ by state; the idea does not.
California is a useful example because its guidance is public and plain. You qualify if you receive benefits such as Medi-Cal, CalFresh, SSI, CalWORKs, WIC or unemployment, or if your household income is below the limits listed on the form, or if you cannot afford both your household's basic needs and the court fees. You file form FW-001, Request to Waive Court Fees, and a judge rules on it (California Courts Self-Help Guide).
A waiver can cover filing fees, response fees, copies of court papers, sheriff service fees and court reporter attendance fees. It does not cover lawyer fees, private mediation, transcripts, or fines. Search your own state's court website for "fee waiver" plus your county, or ask the self-help center below to hand you the form.
2. Legal aid, before you assume you do not qualify
The Legal Services Corporation was set up by Congress in 1974 to fund civil legal aid for people on low incomes. Its I Need Legal Help page finds funded organizations near an address you enter. LawHelp.org, run with legal aid and court-based programs across the country, lists state-by-state resources and free legal forms.
Two practical notes. Eligibility is usually income-based and offices are stretched, so apply to more than one and apply early rather than after a deadline is running. And say clearly on the first call if there is any safety issue, because that usually changes how a case is prioritized.
3. Pro bono and free legal answers
ABA Free Legal Answers is a virtual clinic where qualifying users post civil legal questions at no cost and volunteer attorneys licensed in their state answer them. Family, divorce and custody are on the list of covered topics, and the service runs in more than 40 states.
Your state bar association is the other door. Most run or list a pro bono program and a lawyer referral service, and some referral services include a low-cost first consultation. Search for your state bar by name plus "pro bono" or "lawyer referral".
4. The self-help center at the courthouse
Court self-help centers provide legal information and resources to people without a lawyer, in person, over the phone or online, and they are free (California Courts Self-Help Guide). They cannot represent you or tell you what deal to accept, but they will tell you which form you need and why the clerk rejected the last one, which is where most of the delay and most of the wasted money lives.
5. The uncontested route, done carefully
When the two of you agree on everything, filing your own paperwork is the cheapest divorce there is. In the 2019 survey, people who did their own divorce paid $1,170 on average in total costs, with a median of $300 (Martindale-Nolo). Our estimator puts the do-it-yourself band at $500 to $3,000, in 3 to 8 months, which allows for the filing fee and a couple of hours of paid review.
Open one issue and the same route moves to $600 to $4,100, because the thing you disagree about is the thing that costs money. If you cannot agree, ask your court whether it runs a family mediation program, and ask a community mediation center whether it charges on a sliding scale. Many do, and the self-help center will know which ones serve your county.
What the routes cost at three household levels
All figures from the estimator on our cost hub, so the numbers here and there always match.
$60,000 household, one thing unresolved
Do it yourself with a paid review: $600 to $4,100. Full mediation: $3,600 to $10,800 total, usually split. A fee waiver removes the court's own charge from either figure. This is the level where the waiver plus a legal aid application plus one paid consultation is often the whole plan.
$110,000 household, two things unresolved
Mediation: $4,200 to $13,600 total, shared. Two lawyers: $21,000 to $51,000 per spouse. Households at this level rarely qualify for legal aid, so the money question becomes which route, not whether to pay: mediation against litigation.
$200,000 household with no access to the money
Income on paper is not cash in your hand, and a spouse who controls the accounts is a common reason a woman in a comfortable household cannot pay a retainer. Litigating all three issues runs $24,000 to $61,500 per spouse on our estimator. Courts can be asked to address access to marital funds and fees during a case, and the rules for that vary by state, so it belongs in your first consultation as a question rather than something to solve alone.
What not to do
Three shortcuts cost far more than they save.
- Cashing out a retirement account. The IRS applies a 10% additional tax to distributions taken before age 59 and a half, on top of the income tax you owe on the money, with limited exceptions (IRS Topic 558). One exception is a payment to a former spouse under a qualified domestic relations order, which is not the same as you emptying your own account: what a QDRO is and why it matters. If the retirement accounts are the main asset, the amount at stake in the settlement dwarfs the legal fees, and Marital Share Estimator will show you roughly how much.
- Signing whatever ends it fastest. Women's household income falls about 41% after a divorce at 50 or older, against 23% for men (US GAO, 2012). A quick signature on a bad split is the most expensive economy in this whole process.
- Doing nothing because the first door was closed. A legal aid office that cannot take your case can often still point you at the next program. Ask, every time, who else takes cases like mine.
Free tools to build your own picture first
Before any of the doors above, get your own numbers on paper. These are free, need no signup, and keep nothing you type:
- Ex-Spouse Social Security Estimator, for what the ex-spouse Social Security rules could mean for you.
- Marital Share Estimator, for the marital portion of a 401(k) or pension.
- House vs. 401(k) Comparison, for the house against retirement money, after tax.
- Retirement Runway Calculator, for how long the money lasts afterwards.
- Filing fees by state, so you know the exact number a waiver would cover.
Frequently asked questions
Can I get divorced if I cannot pay the filing fee?
Every state has a way to ask the court to waive its own fees for people who cannot afford them, often called a fee waiver or proceeding in forma pauperis. In California, for example, you qualify if you receive certain public benefits, if your household income is under the limits on the form, or if you cannot afford both your household’s basic needs and the court fees. You file a request form and a judge decides.
Does a fee waiver cover a lawyer?
No. A waiver covers what the court charges: filing fees, response fees, sheriff service fees, court reporter attendance, copies of court papers. California’s guidance is explicit that it does not cover lawyer fees, private mediation, or court-ordered fines. Free legal help comes from a different door: legal aid and pro bono programs.
How do I find free legal help?
Start with the Legal Services Corporation search at lsc.gov, which finds LSC-funded legal aid organizations near an address you enter. LawHelp.org lists state-by-state legal aid and self-help resources. ABA Free Legal Answers lets you post a civil legal question, including family and divorce questions, for a volunteer attorney licensed in your state to answer at no cost. Legal aid offices are stretched, so apply early and apply to more than one.
What is a court self-help center?
A free service at or near the courthouse that gives legal information and helps people without a lawyer find and complete the right forms, in person, by phone or online. They cannot represent you and cannot tell you what to agree to, but they will keep your paperwork from being rejected, which is what most delays are.
Should I take money out of my retirement account to pay for the divorce?
Understand the cost first. The IRS applies a 10% additional tax to distributions taken before age 59 and a half, on top of the income tax, with limited exceptions. One of those exceptions is a payment to a former spouse under a qualified domestic relations order, which is a different thing from you cashing out your own account. Cashing out to fund legal fees is one of the most expensive ways to borrow.
Is a cheap online divorce safe?
It can be, when there is genuinely nothing to divide and nothing in dispute. The risk is not the paperwork, it is signing away a share of a pension or a house before anyone has valued it. Run your own numbers first, and if a retirement account is involved, get the agreement reviewed before you sign it.
Sources: California Courts Self-Help Guide, court fee waivers · California Courts Self-Help Guide · Legal Services Corporation, I Need Legal Help · LawHelp.org · ABA Free Legal Answers · IRS, Topic 558, additional tax on early distributions · Martindale-Nolo Research 2019 divorce survey, via DivorceNet · US GAO, GAO-12-699 (2012). All fetched and read in September 2026. Fee waiver rules, legal aid eligibility and mediation programs vary by state and county. Nothing here is legal advice.
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