If you cannot afford the court costs to file for divorce in Illinois, the Illinois fee waiver form for divorce — officially Form FW-CIV, Application for Waiver of Court Fees (Civil) — asks a judge to waive the filing fee, service of process, and other costs tied to your dissolution case. You submit it alongside your petition for dissolution of marriage. If the court approves it, you pay nothing (or a reduced percentage) to open and move your case forward.
Who Qualifies for a Divorce Fee Waiver
Illinois law sets three paths to a full waiver and three tiers of partial waivers, tied to either public-benefit status or household income measured against the federal poverty level.1Illinois General Assembly. 735 ILCS 5/5-105 – Waiver of Court Fees, Costs, and Charges
Full Waiver Through Public Benefits
If you currently receive benefits from a means-tested government program, you qualify for a full waiver. That includes SNAP, TANF, SSI, Aid to the Aged, Blind and Disabled (AABD), General Assistance, Transitional Assistance, and State Children and Family Assistance. On the form, you check the box for the program and list your caseworker or award information.
Full Waiver Through Income
You also qualify for a full waiver if your available personal income is at or below 125% of the federal poverty level and your non-exempt assets are not enough to cover the fees. For 2026, the 125% threshold is $19,950 per year for a single person and $41,250 for a family of four, with roughly $5,750 added for each additional household member.2U.S. Department of Health and Human Services. 2026 Poverty Guidelines
Because divorce cases turn on your own household, count the people living with you whom you support — typically yourself and any children in your care. Your spouse’s income is usually not part of your household figure if you are separated.
Full Waiver Through Substantial Hardship
If your income exceeds 125% of the poverty level, the court can still grant a full waiver when paying the fees would cause substantial hardship for you or your family. This is the path for people whose income looks adequate on paper but who face heavy medical bills, childcare costs, or other fixed expenses that leave nothing for court fees. The form includes space to explain the hardship.
Partial Waivers
When your income falls between 125% and 200% of the poverty level, you qualify for a reduction instead of a full waiver:
- 75% waiver: income above 125% but no higher than 150% (up to $23,940 for a single person in 2026).
- 50% waiver: income above 150% but no higher than 175% (up to $27,930 for a single person).
- 25% waiver: income above 175% but no higher than 200% (up to $31,920 for a single person).
The court can adjust the percentage if your non-exempt assets are substantial enough that you could pay more. If your income is above 200% of the poverty level and you don’t meet the hardship standard, no waiver is available.
What the Waiver Covers in a Divorce Case
An approved waiver is broad. It covers the initial filing fee for your petition for dissolution of marriage, service of process on your spouse (including service by publication if you can’t locate them), motion fees, mediation and other mandatory program charges, guardian ad litem fees, translation services, and other costs the court considers necessary to carry the case through.1Illinois General Assembly. 735 ILCS 5/5-105 – Waiver of Court Fees, Costs, and Charges Divorce filing fees in Illinois vary by county but commonly run into the few hundreds of dollars, before you add service and motion charges.
The waiver does not cover attorney’s fees you owe your own lawyer, private process-server charges if you choose one over the sheriff, or any fines or penalties a judge imposes. It also does not apply to criminal or traffic matters, which use a different form.3Illinois Courts. Application for Waiver of Court Fees (Civil)
Information to Gather Before You Start
Pull these together before you sit down with the form. A missing figure can send the application back as incomplete and delay your divorce filing.
- Household size: everyone living with you whom you support financially, including children.
- Gross monthly income: wages, Social Security, pensions, child support received, disability benefits, and any other regular income.
- Monthly expenses: rent or mortgage, utilities, food, childcare, medical costs, insurance, transportation, and loan payments. If you share expenses with someone, list only your portion.
- Assets: bank balances, cash on hand, home value, other real estate, vehicles, and other property of value.3Illinois Courts. Application for Waiver of Court Fees (Civil)
- Public-benefit documentation: award letter or case number for any qualifying program.
You don’t attach pay stubs or bank statements up front, but the court can request proof at any time. Keep those documents within reach.
Filling Out Form FW-CIV
The form is a few pages, divided into lettered sections.
At the top, fill in the county where you are filing, the names of both spouses as petitioner and respondent, and the case number if one has been assigned. If you are filing the waiver with your initial petition for dissolution, you won’t have a case number yet. Leave it blank; the clerk assigns one.
Section A asks about public benefits. Check the box for any means-tested program you receive. If this applies, the judge can grant a full waiver on that basis alone, but still complete the rest of the form.
Section B covers household income. Enter the number of people in your household and your gross monthly income broken out by category — wages, Social Security, pensions, other income.
Section C asks about other people contributing to your household expenses. If a roommate or family member pays part of the rent or utilities, note what they contribute.
Section D lists monthly expenses by category: housing, utilities, food, clothing, medical, childcare, transportation, insurance, loan payments. Check what applies, write in the amounts, and total them.3Illinois Courts. Application for Waiver of Court Fees (Civil)
Section E covers assets: bank accounts and cash, your home, other real estate, up to two vehicles, and other valuable items. Be specific. A judge who sees a blank asset section after you’ve reported a job and income will have questions.
You sign under penalty of perjury, certifying every figure is truthful. Inflating expenses or hiding assets tends to surface later in a divorce — the financial disclosures required in dissolution cases will contradict a dishonest waiver application.
Filing the Form With Your Divorce Petition
Illinois Supreme Court Rule 9 requires civil-case documents to be filed electronically through eFileIL.4Illinois Courts. Illinois Supreme Court Rule 9 That includes Form FW-CIV. Upload the completed form along with your petition for dissolution of marriage. Before uploading, flatten the PDF so the form fields can no longer be edited.5Illinois Courts. Approved Statewide Forms – Fee Waiver for Civil Cases
If you lack computer or internet access, don’t have an email account, a credit card, or a bank account, face a language barrier, or have a disability that prevents e-filing, you can certify an exemption and file paper documents at the courthouse.4Illinois Courts. Illinois Supreme Court Rule 9 Many public libraries and courthouse self-help centers also have computers and guidance available if you just need a terminal.
What Happens After You File
A judge reviews your application, usually without a hearing. The court issues an Order on Application for Waiver of Court Fees with one of four outcomes:6Illinois Courts. Order on Application for Waiver of Court Fees (Civil)
- Full waiver granted. You owe zero fees for the duration of the divorce case. The order says which eligibility category you met.
- Partial waiver granted. You pay 25%, 50%, or 75% of total fees based on your income tier.
- Continued. The judge found the form incomplete or saw a factual question. The court tells you the specific problem and gives you a chance to amend or attend a hearing (usually remote unless you ask for in-person).
- Denied. The judge concludes you don’t qualify and must state why. You then owe the full fees by the deadline in the order, or your filed documents may be canceled.
Decisions typically come back within a few business days. Most applicants on public benefits or clearly within the income thresholds are approved on paperwork alone.
If Your Application Is Denied
Denial often comes down to a blank field or a missing household size. The court must tell you what the deficiency is and give you a chance to fix it.6Illinois Courts. Order on Application for Waiver of Court Fees (Civil) Watch the deadline. If you miss it, the court can cancel the dissolution petition you filed alongside the waiver request, and you would have to start over.
If the denial is based on the judge’s view of your finances and you believe the decision is wrong, you can request a hearing. Bring documentation — pay stubs, benefit letters, bank statements, medical bills — showing why your situation qualifies. The hearing focuses on your ability to pay, not on anything about the divorce itself.
If Your Finances Change During the Divorce
A granted waiver is not permanent. If the court learns your financial situation has improved (a new job surfacing in discovery, for example), it can set a hearing to reconsider the waiver. You get at least 10 days’ written notice and an explanation of why.1Illinois General Assembly. 735 ILCS 5/5-105 – Waiver of Court Fees, Costs, and Charges If the judge decides you no longer qualify, you pay the applicable fees from that date forward only; previously waived fees are not charged retroactively. These reconsideration hearings can happen no more than once every six months.
Where to Get the Form
Form FW-CIV is a fillable PDF on the Illinois Courts website under the standardized forms library.5Illinois Courts. Approved Statewide Forms – Fee Waiver for Civil Cases The same page includes the companion order form the judge will fill out. Paper copies are available from any circuit clerk’s office. The form is standardized statewide, so the same version works in every county.