Free Divorce in Florida: Fee Waivers, Indigent Status, and Filing

You can get a free divorce in Florida by qualifying for civil indigent status under Section 57.082 of the Florida Statutes, which waives the $408 filing fee that is otherwise the single largest upfront cost of ending a marriage.¹ Pair that waiver with a simplified dissolution and free legal aid, and your out-of-pocket cost can drop to zero.

What the Fee Waiver Actually Covers

Filing a petition for dissolution of marriage in Florida costs $397.50 plus a $10.50 judgment fee, roughly $408 in total.¹ If the Clerk of Court approves your civil indigent status application, your filing and summons fees are waived.²

Other court costs are not automatically covered. Certified copies, a mandatory parenting course if you have minor children, and process server fees can still apply. A truly free divorce requires both the waiver and a case structure that avoids those add-ons, which usually means a simplified dissolution.

Who Qualifies as Indigent

The test under Section 57.082 is based on income and assets. Your income must fall at or below 200% of the current federal poverty guidelines for your household size.³ For 2026, the federal poverty guideline for a one-person household is $15,960, so the 200% threshold is $31,920 per year.⁴ The threshold rises with each additional person in the household.

The clerk looks at net income: total salary and wages minus deductions required by law, such as taxes and court-ordered support. Income from other sources counts as well, including Social Security, veterans’ benefits, workers’ compensation, pensions, unemployment, rental income, dividends, interest, and gifts.³

Assets are reviewed too. If you own property or financial assets with combined net equity of $2,500 or more, there is a presumption that you are not indigent. Your homestead and one vehicle worth up to $5,000 in net value are excluded from that calculation.⁵ The presumption is not a hard cutoff. A judge can override it on review when other circumstances show genuine hardship.

Receiving public benefits like Supplemental Security Income or Temporary Assistance for Needy Families does not automatically qualify you; the statute creates no categorical exemptions. In practice, though, if you receive those benefits your income is almost certainly below the 200% line, so you should qualify on the numbers alone.

How to Apply

The form is the Application for Determination of Civil Indigent Status, available on the Florida Courts website or at the Clerk of Court’s office in the county where you will file.² It asks for:

Net income from salary and wages, reported by pay frequency.
Other income such as Social Security, unemployment, pensions, veterans’ benefits, rental income, dividends, gifts, and support from absent family members.
Assets, including cash, bank account balances, stocks, bonds, certificates of deposit, and equity in real estate, vehicles, or boats.
Liabilities and debts, including vehicle loans, mortgage balances, credit cards, medical bills, child support, and medicine costs.

You sign the application under oath, so accuracy matters. The clerk is required by statute to help you complete it if you are unsure how.³ Submit it with your divorce petition, either in person at the courthouse or through the Florida Courts E-Filing Portal.⁶ If the clerk approves it, your case moves forward without payment.

If the Clerk Denies You

A denial is not final. You can file a petition asking a judge to review the clerk’s decision, and there is no filing fee for that review.³ The judge considers the same income and asset information along with additional factors, including whether paying the fee would create a substantial hardship for you or your family and whether you are representing yourself. Someone with income slightly above the 200% line who also carries heavy medical debt or child support can succeed on judicial review after a clerk denial.

The Simplified Dissolution: The Cheapest Path

To keep a Florida divorce truly free, use the simplified dissolution process under Form 12.901(a). Both spouses file together, both agree the marriage is irretrievably broken, and both have already divided their property and debts by agreement. Both also waive the right to a trial and appeal and attend the final hearing together.⁷

You can only use this process if:

You have no minor or dependent children together, the wife has no minor children born during the marriage, and the wife is not currently pregnant.
Both spouses agree the marriage cannot be saved.
You have already divided all assets and debts by agreement.
Both spouses are willing to appear at the final hearing.

At least one spouse must also have lived in Florida for the six months before filing.⁸ Simplified dissolutions skip the formal financial disclosure process and avoid service of process entirely, because both spouses file jointly. Combine this with an approved indigent status application and the filing fee, service costs, and most of the paperwork go away. The 20-day waiting period between filing and the earliest date a judge can sign the final judgment still applies.⁹

Costs the Waiver Won’t Erase

If you cannot use the simplified process, say because you have minor children or your spouse will not cooperate, you file a standard petition for dissolution. The $408 filing fee is still waived under indigent status, but several other costs can appear.

Serving Your Spouse

In a standard case you must formally deliver the petition and summons to your spouse. Florida law allows personal service by handing the papers directly to the person or by leaving them at the person’s usual home with a resident at least 15 years old.¹⁰ A process server or county sheriff usually handles this, with fees roughly from $10 to $75 depending on the county and method. If your spouse cannot be located, service by publication is available but slower and involves publication costs.

Parenting Course

When minor children are involved, both parents must complete a court-approved Parent Education and Family Stabilization Course before the judge will sign a final judgment.¹¹ The petitioner has 45 days from filing to finish; the other parent has 45 days from being served. Provider fees typically run $25 to $85, and the Department of Children and Families maintains a list of approved providers in each circuit, including at least one offering a sliding-scale fee where available.

Standard cases also require each party to file a financial affidavit. If you disagree on custody, support, or property division, the court may order mediation, which carries its own fees, though some circuits offer reduced-cost programs.

Free Legal Help

Even with the fee waived, filling out divorce paperwork alone can be overwhelming. Florida has a network of legal aid organizations that handle family law cases at no cost to qualifying applicants. Jacksonville Area Legal Aid, Legal Aid Society of Palm Beach County, Florida Rural Legal Services, and Community Legal Services are among the organizations that list divorce and family law as practice areas.

The Florida Bar’s pro bono program connects low-income residents with volunteer attorneys who take cases for free.¹² Availability depends on volunteers, so these programs prioritize cases based on need and complexity. For specific questions rather than full representation, Florida Free Legal Answers is a virtual clinic where you can post civil legal questions and receive responses from licensed Florida attorneys at no charge; family law and divorce are among the covered topics.¹³

Qualifying for legal aid and qualifying for the court’s fee waiver are separate processes with different criteria. Getting one does not guarantee the other, but many people who qualify for indigent status will also meet legal aid income thresholds. Apply to both independently.

1
Florida Court Clerks & Comptrollers. How Do I File for a Divorce?
2
Florida Courts. Application for Determination of Civil Indigent Status
3
Florida Senate. Florida Code 57.082 – Determination of Civil Indigent Status
4
U.S. Department of Health and Human Services. 2026 Poverty Guidelines
5
Florida Senate. Florida Statutes 57.082 – Determination of Civil Indigent Status
6
Florida Courts Help. Filing Your Forms
7
Florida Courts. Instructions for Florida Family Law Rules of Procedure Form 12.901(a) – Joint Petition for Simplified Dissolution of Marriage
8
The Florida Legislature. Florida Code 61.021 – Residence Requirements
9
The Florida Legislature. Florida Code 61.19 – Entry of Judgment of Dissolution of Marriage, Delay Period
10
The Florida Legislature. Florida Code 48.031 – Service of Process Generally
11
The Florida Legislature. Florida Code 61.21 – Parenting Course Authorized
12
The Florida Bar. Legal Aid and Pro Bono Service
13
Florida Free Legal Answers. Florida Free Legal Answers