You can file for divorce in Ohio without paying the filing fee if your income and expenses qualify you as an indigent litigant under Ohio Revised Code Section 2323.311. To get a free divorce in Ohio, you submit a Civil Fee Waiver Affidavit alongside your divorce complaint or dissolution petition, and if your gross income sits at or below 187.5% of the federal poverty guidelines and your monthly expenses meet or exceed your liquid assets, the court must waive the fee.1Ohio Legislative Service Commission. Ohio Revised Code 2323.311 – Indigent Litigants Standard filing fees range from roughly $300 to $475 depending on the county and whether children are involved, so the waiver is real money.
Who Qualifies for the Fee Waiver
Two conditions have to be met. First, your gross income (before taxes, not take-home) must be at or below 187.5% of the federal poverty guidelines. Second, your monthly expenses must equal or exceed your liquid assets. When both are true, the statute uses the word “shall,” meaning the judge has no discretion to deny you.1Ohio Legislative Service Commission. Ohio Revised Code 2323.311 – Indigent Litigants
The 2026 income ceilings, based on the federal poverty guidelines, are:2U.S. Department of Health and Human Services. 2026 Poverty Guidelines
- 1 person: $29,925 per year
- 2 people: $40,575 per year
- 3 people: $51,225 per year
- 4 people: $61,875 per year
The threshold rises by about $10,650 for each additional household member. If you already receive Medicaid, SNAP, or similar public assistance, you almost certainly fall within range.
Filling Out the Fee Waiver Affidavit
The form you need is the Civil Fee Waiver Affidavit and Order (Form 20), available from the Ohio Supreme Court’s website or your county Clerk of Courts.3Supreme Court of Ohio. Civil Fee Waiver Affidavit and Order It asks for a detailed financial picture:
- Monthly income from every source, including wages before taxes, unemployment, workers’ compensation, Social Security or pension, child support received, public assistance, and disability payments
- Assets, including real estate with its current value and mortgage balance, vehicles, checking and savings balances, and investments
- Monthly expenses such as rent or mortgage, utilities, transportation, food, and insurance
- Debts, including loans, medical bills, and credit card balances
- Dependents you financially support, with names and ages
Gather pay stubs, bank statements, benefit letters, and recent bills before you sit down with the form. Vague estimates invite follow-up questions or denial. The judge is running a straight comparison: gross income against 187.5% of poverty, monthly expenses against liquid assets.
The affidavit must be signed under oath before a notary. If you can’t afford one, the clerk’s office will administer the oath at no cost.3Supreme Court of Ohio. Civil Fee Waiver Affidavit and Order
Filing the Waiver With Your Divorce Papers
You file the affidavit at the same time as your divorce complaint or dissolution petition with the Clerk of Courts in your county. Some counties take electronic filings; others want you at the window in person. Either way, the clerk must accept your paperwork even without payment. The statute is explicit that the case is filed first and a judge decides the fee question afterward.4Ohio Legislative Service Commission. Ohio Revised Code 2323.31 – Cash Deposits as Security; Indigent Litigants
Which paperwork you file depends on whether you and your spouse agree. A dissolution is jointly filed when both spouses sign a petition together with a separation agreement covering property, support, and custody, and appear before a judge within 30 to 90 days.5Ohio Legislative Service Commission. Ohio Revised Code Chapter 3105 A divorce is what one spouse files when there’s no agreement; the other has 28 days to respond. Both paths qualify for the fee waiver. Ohio’s Supreme Court publishes standardized forms for both, designed for people without attorneys, though your local court may require additional county-specific documents.6The Supreme Court of Ohio. Domestic Relations and Juvenile Standardized Forms
A judge or magistrate then reviews your affidavit and grants or denies the waiver.1Ohio Legislative Service Commission. Ohio Revised Code 2323.311 – Indigent Litigants If granted, your case moves forward on the normal timeline with no immediate payment due.
Residency Comes First
Before you file anything, at least one spouse must have lived in Ohio for six months immediately preceding the filing, and you file in the county where you meet residency.7Ohio Legislative Service Commission. Ohio Revised Code 3105.62 – Residency Requirement No court waives fees for a case it lacks jurisdiction to hear. If you moved to Ohio recently, the six-month clock has to run before you can file here.
If the Judge Denies the Waiver
Denial doesn’t end your case immediately. The court has to give you 30 days from the date of the order to make the required deposit before it can take any action to dismiss.3Supreme Court of Ohio. Civil Fee Waiver Affidavit and Order That window exists because your paperwork was already accepted at filing. If your finances shift or family can help with the fee, the case stays active. If you can’t pay within the 30 days, you risk dismissal, but you can refile later with a new affidavit if your circumstances change.
What the Waiver Does Not Cover
The waiver applies to the filing fee the clerk would otherwise charge. It does not automatically cover every downstream cost. Service of process, where the sheriff or a process server delivers papers to your spouse, carries a separate fee that varies by county; some courts extend the waiver to service, some do not. Contested custody cases can bring in a guardian ad litem, a home study, or mediation, and those are billed separately. Ask your county clerk exactly which costs the waiver reaches before assuming the case is entirely free.
At the end of the case, the judge can also allocate costs to your spouse if that spouse has the ability to pay, regardless of whether you got a waiver at the start.
Free Legal Aid for Your Case
Every Ohio county is covered by a legal aid organization that provides free representation to people who meet income requirements, and these offices handle divorce, dissolution, custody, and domestic violence protective orders.8Ohio Legal Aid Alliance. Find Help You can locate the office serving your county through the Ohio Legal Help directory.9Ohio Legal Help. Find Your Legal Aid
Demand outstrips capacity, so these offices prioritize cases involving domestic violence, significant power imbalances between spouses, or complex custody situations. Even if they can’t take your case outright, most run self-help clinics, review documents, and walk you through local court procedures. Having a legal aid attorney look over your forms before filing can prevent the errors that push a case back by months.