Affidavit of Inability to Pay Divorce Fees in Texas

If you cannot afford the $300 to $400 or more in court fees to file for divorce in Texas, you can ask the court to waive them by filing an affidavit of inability to pay divorce fees in Texas, officially called a Statement of Inability to Afford Payment of Court Costs. Texas Rule of Civil Procedure 145 governs the process. The statement itself costs nothing, and once the clerk accepts it, your divorce is filed and your spouse is served immediately while your financial eligibility is presumed valid.¹

What the Waiver Actually Covers

Rule 145 defines “costs” as any fee charged by the court or an officer of the court. In a divorce, that means the filing fee, the fee to issue and serve papers on your spouse, copy and certified-copy fees, fees for a court-appointed professional, and any fees the clerk or court reporter would charge to prepare a record if you appeal.¹

Private expenses stay yours. If you hire an attorney or a private mediator, the waiver does not touch that bill. Only professionals appointed by the court fall inside Rule 145.

Who Qualifies

You do not have to be destitute. The test is whether paying court costs would keep you from covering basic necessities like rent, food, and utilities.

Certain situations trigger what the rule calls prima facie evidence of inability to pay, meaning the court presumes you qualify unless someone proves otherwise:

You or a dependent receives means-tested government benefits such as SNAP, TANF, Medicaid, CHIP, SSI or SSDI, public housing or Section 8, or low-income energy assistance.²
You are represented by an attorney funded by the Texas Access to Justice Foundation, the Legal Services Corporation, or a nonprofit that serves people at or below 200% of the federal poverty guidelines.¹
You applied to a legal aid provider, were found financially eligible, but were turned away because the provider had no capacity.¹

If none of those apply, you can still qualify by showing you simply do not have the money. Clerks commonly use the federal poverty guidelines as a benchmark.³ Courts look at income, assets, monthly expenses, dependents, and unusual costs such as medical bills or child support obligations. Owning a home or a car does not disqualify you if they are necessary for daily life.

2026 Income Reference Points

Texas defines “indigent” as a person earning no more than 125% of the federal poverty guidelines.⁴ For 2026, the 125% thresholds for the 48 contiguous states are:⁵

1 person: $19,950 per year ($1,663 per month)
2 people: $27,050 per year ($2,254 per month)
3 people: $34,150 per year ($2,846 per month)
4 people: $41,250 per year ($3,438 per month)
5 people: $48,350 per year ($4,029 per month)
6 people: $55,450 per year ($4,621 per month)

These numbers are not a hard cutoff. If your income sits above the line but your expenses consume nearly everything you earn, you still have a viable case. The clerk or judge weighs the whole financial picture, not one figure.

Filling Out the Statement

The Supreme Court of Texas has approved a specific form. You can get it from your district clerk’s office or download it from the Texas courts website.² The form asks for:

Government benefits you or your dependents receive, with proof such as an eligibility letter attached.
Household income from all sources, including wages, self-employment, Social Security, unemployment, and child support received.
Dependents by name and age.
Monthly expenses: rent or mortgage, utilities, food, transportation, medical costs, child support paid, and other regular obligations.
Available cash and assets, including bank balances and property.

The statement must be either sworn before a notary or signed under penalty of perjury. Either option is valid; you do not need a notary if you include the penalty-of-perjury declaration on the form.⁶ Every figure must be accurate. Providing false information is a criminal offense and can lead to dismissal of your case.

Attach supporting documents. Recent pay stubs, benefit award letters, bank statements, a lease, and medical bills strengthen the filing. If you have unusual or emergency expenses that do not fit on the form, attach a separate page explaining them.³

Where and When to File

Take the completed statement to the district clerk’s office in the county where you plan to file your divorce.⁷ File it at the same time as your divorce petition so the clerk processes everything together without asking for payment.

Here is what most people do not realize. Once the clerk accepts your statement, the case moves immediately. The clerk must docket the divorce, issue citation to your spouse, and provide every service any other filer would receive.⁶ You do not wait for a judge to approve the waiver first.

The clerk can refuse to accept your statement for only one reason: it was not sworn before a notary and does not include the penalty-of-perjury declaration. No other paperwork defect is grounds for the clerk to turn you away.⁶ If a clerk rejects your form for any other reason, that rejection does not comply with Rule 145.

If Someone Challenges the Waiver

Filing does not guarantee you will never be asked to pay. Three groups can challenge your claim: the clerk, the court reporter, or your spouse. Any of them can file a motion, but it must contain sworn evidence, not just allegations, that your statement was materially false when filed or that your circumstances have changed enough that it is no longer true. The judge can also raise the issue on their own if evidence of ability to pay comes up or if a professional needs to be appointed and someone has to cover the cost.¹

If your waiver is challenged, you have specific protections:

You cannot be ordered to pay without a live evidentiary hearing. No judge can deny your waiver on paperwork alone.
You must receive at least ten days’ written notice or be told in open court before the hearing.
At the hearing, you carry the burden of proving you cannot afford costs. Bring updated financial records and be ready to answer questions.
If the judge orders you to pay, the order must include specific findings explaining why.¹

The written findings requirement matters. A judge cannot check a box and move on. The findings create a record you can use on appeal.

If the Statement Is Denied

A denial is not the end. If the judge orders you to pay, you can file a motion with the court of appeals within ten days of the order. The appellate court can extend that deadline by up to fifteen days if you show good cause in writing.¹

Before appealing, look at why the statement was denied. If it was incomplete information or missing documents rather than a finding that you can afford the fees, consider filing a corrected version. Updated pay stubs, a new benefit award letter, or documentation of a recent medical emergency can address whatever the judge found lacking. If your finances have worsened since the first filing, that change alone can justify a new statement.

Most denials come from paperwork problems, not from judges concluding you have money. Missing attachments, blank fields, and inconsistent math are the usual culprits. Filling every section completely and attaching proof for each claim is the single most effective thing you can do.

Free Legal Help That Strengthens Your Waiver

If you qualify for a fee waiver, you likely also qualify for free legal representation, and getting it makes your waiver harder to challenge. Lone Star Legal Aid and Texas RioGrande Legal Aid together cover the state and are funded through the Legal Services Corporation and the Texas Access to Justice Foundation. If either represents you, your waiver receives the automatic presumption of eligibility under Rule 145.¹

Even if a legal aid provider cannot take your case because of limited capacity, the fact that you applied and were found financially eligible still counts as prima facie evidence of inability to pay. Ask for written confirmation of your application and eligibility determination, and attach it to your statement. TexasLawHelp.org maintains self-help guides, fillable court forms, and a directory of local legal aid offices by county.⁷

1
South Texas College of Law. Rule 145. Payment of Costs Not Required (2021)
2
Supreme Court of Texas. Statement of Inability to Afford Payment of Court Costs or an Appeal Bond
3
Texas Law Help. Court Fees and Fee Waivers
4
Texas Legislature Online. 85(R) HB 1465 – Sec. 104.001
5
U.S. Department of Health and Human Services. 2026 Poverty Guidelines: 48 Contiguous States
6
South Texas College of Law. Rule 145. Payment of Costs Not Required (2016)
7
Texas Law Help. I Cannot Afford My Court Fees