How To Get a Divorce With Literally No Money
So, you have decided that it’s over for you and your spouse. You are mentally prepared to start the process, but there is a problem that concerns you the most – paying for a divorce. Maybe you had some friends who went through it and had to spend a fortune or read about celebrities’ divorce cases that cost them millions. One way or another, one thing you know for sure is that divorce is expensive.
But what to do if you can’t afford a divorce? Luckily, there are some options that will help you minimize or eliminate the costs completely.
What Are My Options for Getting a Free Divorce?
It is a common misconception that you must save money to pay for your divorce or even get a loan. However, depending on how amicable you and your spouse are, as well as your financial situation, there may be several money-saving options available to you. Read on to see which ones suit your case best.
1. Ask Your Spouse to Pay For Divorce Expenses
It may seem like a weird option for those who wish they never had any contact with their soon-to-be-ex ever again. But, given that your spouse is not abusive and you are on speaking terms, you can discuss this idea with them. It’s likely that they already know that you need help with divorce costs. If you feel they still care about you, they may be willing to negotiate.
In certain cases, spouses won’t be able to reach an agreement on property division or other aspects of their marriage dissolution. This will make their case contested and necessitate hiring lawyers. If you and your spouse are in such a situation, you can still get help with divorce costs. You may officially request the court to order your spouse to cover those fees for you. It doesn’t matter whether you are a plaintiff or a defendant in this case – you may always file a motion and provide some evidence that you cannot afford to pay the fees while your spouse can. It doesn’t, however, mean that such a request will for sure be granted.
2. Complete the Divorce Forms on Your Own
If your divorce case is uncontested, meaning that you and your spouse do not have any disputes that cannot be resolved out of court, you can file for a marriage dissolution without a lawyer. One of the most challenging steps you will have to deal with when going for a DIY option is paperwork preparation.
You may potentially get divorce papers for free on the official website of your state court. However, you will need to spend a lot of time searching for the documents needed for your case in particular. After that, you need to be extremely attentive while filling them out, looking up any terms you don’t know, and making sure the information you provide is accurate. Courts will hold you to the same legal standard they have for lawyers, so any mistakes might mean you’ll have to start from scratch.
Even though the paperwork preparation is one the lengthiest and most complicated processes in the uncontested divorce, you can still save lots of money working on your forms on your own. If you need an easier and faster way of dealing with legal forms, getting help from a paperwork preparation service may be the way to go.
3. Ask for a Fee Waiver from Family Court
If you find yourself in a hard financial situation, you can ask for a fee waiver. It’s the official court permission not to pay for their services. No matter what state you reside in, you can obtain a fee waiver if you have a low-income divorce.
The court will grant your request only after the judge makes sure that you are indeed incapable of covering the fees. In general, it is determined based on the following criteria:
- You are receiving any governmental aid, such as food stamps, SNAP, TANF, Medicaid, and so on.
- Your income is below the poverty level set by your state laws.
As a rule, to get a waiver, you need to fill in a specific set of documents required by your state and file it with the court. In these forms, you will have to provide detailed financial information so that the court can either grant or deny your request. The main form will be called a Fee Waiver, Affidavit to Proceed In Forma Pauperis, or another name, depending on the state where you file.
4. Seek Help from Non-Profits or Legal Aid
Divorcing with no money, couples are often concerned about whether they can get any free help. This question is hard to answer. There are non-profit organizations and free legal aid available to spouses in some cases, mainly when there is abuse or children involved. You will likely see the free help option on the website of your local divorce court and will be able to review the conditions you should meet to qualify for their assistance.
Legal aid organizations also offer lots of self-help material free of charge. If you are not eligible for free legal help (some states have quite strict rules on its provision), you can ask for resources that will help you represent yourself effectively.
5. Get a Personal Loan from a Bank or Borrow Money
If you have no money to divorce and no other options to get help for free, you may want to consider a loan.
Before opting for a loan, make sure you will have enough funds to pay it in the future to avoid debt. The conditions of the loaning as well as the interest rate will depend on the provider you choose to work with. You will need to clarify such information as interest rates, dates of payment, repayment options, and so on.
Finally, one more option is to borrow money from your friends or family. However, same as with loans, make sure you will be able to return this money back within the time frames you agreed on in order not to ruin the relationship with the person loaning you funds.
6. Stay Civil with Your Soon-to-Be-Ex
This is the best option for those who happen to leave a marriage with no money. If your divorce is amicable, you have all the chances to finalize it without significant financial contributions from your side. You may have some hard feelings or resentment towards your spouse, but you have to be wise in this situation and avoid going to extremes if you assess your financial situation and realize you cannot cover the divorce costs on your own.
Talk to your spouse, explain the situation to them, share how you see your divorce going forward, and what solutions you can offer in terms of finances or reaching a consensus. Even if your spouse doesn’t agree to cover all the expenses, you can still agree to divide them, which is still better than paying for all fees by yourself. Or you even ask your spouse to be a petitioner, which means that it will be them who files for divorce and pays the majority of fees.
How to File for Free Divorce with No Money
In order to file for divorce for free, you have to take the following steps:
1. Obtain and Complete the Fee Waiver Form
The filing fees in the US range between $50 to $450, depending on the state. Of course, for many individuals, this amount may appear quite costly. As mentioned above, you can avoid paying any court fees if you are granted a waiver. You may be able to find and download this form on the official website of your local court.
2. Provide the Financial Proof
In the Waiver form or the paperwork you file along with it, you will need to mention the governmental benefits you receive, your gross household income, your assets and property (if any), and your deductions and expenses. Also, the court may ask you to provide financial documents, usually with up to 1 year’s worth of your financial information.
Be very specific with the dates and numbers, and follow all the instructions attached to the form. Note that in some states, you may need to notarize this document, which will cost you somewhere from $0,25 to $20. Finally, check whether your state court demands serving this document to your spouse.
3. Make a Request to Waive Court Fees
As soon as you complete your Waiver, you should file it with the court clerk. You can do it while filing the initial set of papers for divorce. However, you can also request a Waiver later if you realize that you are not able to cover the additional fees. If your waiver request is denied, you can file another request for a judge to review your case.
Even though going through all these steps without any outside assistance is not the easiest way to file for divorce, it is the cheapest one because in the end, you won’t have to cover any court costs, process of service fees included.
What are the Cheapest Ways to Get Divorced?
Getting divorced with no money, you have three main options to choose from:
- Do-it-yourself divorce
- Online divorce services
- Non-profit organization or a legal aid
Each of these has its pros and cons you need to consider before choosing how to get your cheap divorce.
1. Do-It-Yourself Divorce
A do-it-yourself divorce is quite a popular option for couples on a budget. However, you can only use it safely if your case is uncontested, which basically means that you don’t have any disputes with your spouse that prevent you from reaching an agreement. In order to get a DIY divorce, you will have to do the following:
- Gather information that will help you get through the process. Check whether you qualify for an uncontested divorce and need any legal assistance. You also must comply with the residency requirements of your county and state. It’s also advisable to visit the official state website to read information related to divorce.
- Find all the paperwork you may need, making sure it is up-to-date and relevant to your case. If you are not completely sure whether you need this or that form, you should consider hiring a lawyer.
- Fill out all the papers, print, and sign them. Make sure you have determined which of the papers must be notarized or signed later in the process.
- File the forms with your local divorce court. You will have to either pay the filing fees or ask for a fee waiver.
- Serve the documents to your spouse. The form of service depends on the place of your residency.
- Exchange financial information with your spouse. The exact number of papers required depends on the state that has jurisdiction over your case.
- Make sure you are ready for a final hearing if it is requested by your state. It is best to read some materials on legal self-representation. You may find them on the website of the court you file in.
The DIY divorce may seem like a sensible solution for some, but it also has some drawbacks that make many people avoid going through with it.
| Pros | Cons |
| The cheapest way to get a divorce. In case you’re granted a fee waiver, you can complete this process completely free of charge. | Since you will have to go through each step completely on your own, it may take more time than you have expected, which may lead to stress or even missed deadlines. |
| There’s no need to hire a lawyer, which not only saves you money but also the time you could spend on meetings and consultations. | If you cannot boast of a legal background, you risk making mistakes in the forms or filing incorrect papers, which will inevitably result in a delayed process. |
| If you manage to find the needed paperwork, the whole process can be quite straightforward. | If you represent yourself in court, you risk facing an unfair settlement, especially if you have problems communicating with your spouse and reaching an agreement. |
2. Online Divorce Services
Dealing with paperwork when you have never had any legal experience is a great challenge for an already stressed enough person going through a divorce. When hiring a lawyer is not an option due to the high costs of their services, the easiest way to divorce is to order form preparation services from an online divorce company.
For example, getting divorce assistance from DivorceCanBeSimple, you get not only a packet of forms picked and filled out for your case but also detailed step-by-step instructions for your state that will help you file on your own. You do not need to go anywhere in order to receive your forms – the service can be accessed from any device.
Reliable divorce companies usually work for a flat fee. DivorceCanBeSimple charges only $159 for any number of forms and does not have any other hidden fees. So, you will get a cheap divorce online even if you have children without paying a cent more.
3. Seeking Help from Legal Aid or Non-Profits
Various non-profit and legal aid organizations may provide legal help with divorce for free:
- You may be given free materials that will help you understand the process
- You may get a free consultation with a lawyer who works on a voluntary basis.
Generally, such organizations focus not only on low-income divorce help but on some serious family situations that endanger some parties to the case. Therefore, you may only get minor recommendations or get assistance much later than you expected if your situation is not deemed severe enough.
What if I Need a Divorce Lawyer and Have No Money?
An option of getting a free attorney for divorce does exist. There are some lawyers who take cases pro bono from time to time or offer short online consultations. Whether they will be able to take you as a client depends on the types of cases they focus on and whether you qualify to get help from them.
You may also be able to get a free consultation from a lawyer in the court of your state. For example, such an option exists in California. Note that you won’t have the so-called attorney-client privilege (which basically means that your case is not confidential), and the consulting lawyer is not regarded as a professional representing you.
Overall, if you want to hire a divorce lawyer with no money, you need to be aware of possible risks. For example, a free lawyer may be too busy with several other cases and may not give due attention to yours. Or, if you get a free online consultation from an expert working on some unknown organization, can you really be sure that you have received professional help?
If you have weighed all the options and realized that you need to hire a lawyer, you need to be very careful when signing the contract – make sure that you understand all the terms and can cover all the expenses and pay a retainer fee that is charged by most of the attorneys. In case you don’t, but your divorce case isn’t complicated, it’s best to consider alternative options such as legal aid organizations as well as a DIY or online divorce.
